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

Vol. 148 WASHINGTON, WEDNESDAY, FEBRUARY 6, 2002 No. 8 House of Representatives The House met at 10 a.m. Mr. TIAHRT led the Pledge of Alle- Mr. LAMPSON. Mr. Speaker, every The Chaplain, the Reverend Daniel P. giance as follows: day for a year I spoke out on inter- Coughlin, offered the following prayer: I pledge allegiance to the Flag of the national child abduction. Today I will O Lord, our guardian and our refuge, United States of America, and to the Repub- focus on one case, that of Ludwig in times of war it is difficult to pray. lic for which it stands, one nation under God, Koons, who is being illegally kept in When living under the threat of attack, indivisible, with liberty and justice for all. Rome, Italy. Until Ludwig is returned anxieties and fear can steal Your abid- f to the United States, I will speak with ing presence. CONGRATULATING JENNIE WEISS outrage at the injustice that is being At such times, there is so much to BLOCK FOR HER NEW BOOK EX- done to this family, an example of pray about. To lift up to You all the PLORING THEOLOGY AND THE what thousands of American parents names of the victims of war is in itself DISABILITY MOVEMENT and their children face every day. a heavy task. To remember them in Ludwig Koons was born in New York prayer keeps our love alive and unveils (Ms. ROS-LEHTINEN asked and was and was abducted from the family resi- our mourning until we see them in given permission to address the House dence to Rome by his mother, Ilona Your eternal presence. Your spirit of for 1 minute and to revise and extend Staller. Mr. Koons was awarded cus- prayer moves us to strengthen our her remarks.) tody in the United States, but the compassion for all those orphaned and Ms. ROS-LEHTINEN. Mr. Speaker, it Italian courts have refused to accept widowed by war. We pray for all who is estimated that there are 43 million any American jurisdiction. The father serve in the Armed Forces, those serv- Americans with one or more physical has been deemed the fit parent by the ants of security and defenders of free- or mental disabilities. And while Con- courts, and U.S. and Italian psycholo- dom around the world. We pray for gress attempts to empower them gists have stated that Ludwig is in their safety and their families. through legislation such as the Ameri- grave danger and must be returned to At such times, all leaders in our gov- cans with Disabilities Act, it is often Mr. Koons. Yet he remains captive in ernment, especially these Members of other facets of our communities, like Italy, being held by the Italian Govern- Congress, are in need of Your supreme churches and synagogues, that provide ment and by his mother, a porn star guidance, Lord. May leaders of all na- them with the support they need to living in a pornographic compound. tions be with them as they search for achieve economic self-sufficiency, inde- Mr. Speaker, every day Members of the ways to secure peace, to protect pendent living, and, most importantly, this body and administration speak out homelands and reconstruct those inclusion and integration into all as- on family values. I can think of no bet- places torn apart by war’s violence. pects of society. ter way to demonstrate our commit- Lord, in moments like now when it is My constituent, Jennie Weiss Block, ment to family values than to return difficult to pray, perhaps it is because a Barry University Ph.D. candidate in Ludwig Koons to his father now. Mr. we cannot see Your face, for You are theology, is the author of a new book, Speaker, we must bring our children the author of life and love, now and ‘‘Copious Hosting,’’ which explores the- home. forever. Amen. ology and the disability movement. I f proudly congratulate my constituent f and dear friend, Jennie Weiss Block, VICTIMS OF TERRORISM THE JOURNAL for her insightful views into the lives (Mr. TIAHRT asked and was given The SPEAKER. The Chair has exam- of the disabled as portrayed in her permission to address the House for 1 ined the Journal of the last day’s pro- book ‘‘Copious Hosting’’ and for her minute and to revise and extend his re- ceedings and announces to the House dedication to enabling them to make marks.) his approval thereof. significant contributions to our soci- Mr. TIAHRT. Mr. Speaker, before Pursuant to clause 1, rule I, the Jour- ety. terrorism literally hit home on Sep- nal stands approved. Felicidades, Jennie. tember 11, two fellow Kansans, two fel- f f low Americans, had already been held hostage by Muslim terrorists for over 3 PLEDGE OF ALLEGIANCE WE MUST BRING OUR CHILDREN months. On May 27, 2001, Martin and The SPEAKER. Will the gentleman HOME Gracia Burnham were snatched out of from Kansas (Mr. TIAHRT) come for- (Mr. LAMPSON asked and was given bed in a Philippine vacation resort and ward and lead the House in the Pledge permission to address the House for 1 taken hostage by Muslim terrorists, of Allegiance. minute.) the Abu Sayaff group, which has al

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 00:23 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.000 pfrm01 PsN: H06PT1 H144 CONGRESSIONAL RECORD — HOUSE February 6, 2002 Qaeda ties and a brutal disregard for again run a budget deficit this next tions of our homeland, and revitalizing human life. A third American, Guil- year. our economy and creating jobs. lermo Sobero of California, was also But even with all of this necessary What his budget does is increase taken hostage and subsequently be- spending, we should put plans in place spending, nearly doubles homeland se- headed in June by the terrorists. now to return to a balanced budget as curity spending, and provides imme- Martin and Gracia are all that re- soon as we can. We have worked too diate assistance to workers who have mains of the group of 21 hostages taken hard to start paying off the debt to lost their jobs, while holding the in May. It has been 8 long months for give up now. growth in spending for programs out- them and their family, especially their In his State of the Union Address, side of defense and homeland security three young children, Jeff, Mindy and President Bush urged us to limit spend- to the cost of living. His budget pro- Zach. The Burnhams have lost consid- ing so we can return to surpluses in a vides significant funding increases for erable weight and have suffered from year or 2. important priorities like health care, malaria, artillery wounds, eye infec- So let us fully fund the war on ter- prescription drugs, education, the envi- tions and numerous sores and cuts. rorism, let us make sure our airports ronment, agriculture and retirement I ask my fellow Members of Congress and power plants are secure, and if the security, and returns to budget sur- and my fellow Americans to pray for other body ever passes the stimulus pluses within 2 to 3 years, if Congress the safe and swift release of Martin and package, let us make it law right away. adheres to the President’s call for fis- Gracia Burnham from this endless But when it comes to other things, we cal responsibility. nightmare. need to tighten our belt and rein in Mr. Speaker, this budget is an impor- f spending. That is the only way we will tant step forward to protect this coun- stay on track and pay off the public try. CALLING FOR A FREEZE ON debt. We have paid down over half a f FURTHER TAX CUTS trillion dollars in debt already. Let us TANF REAUTHORIZATION (Mr. DEFAZIO asked and was given pay off the rest as soon as we can. permission to address the House for 1 f (Mrs. MINK of Hawaii asked and was minute.) given permission to address the House Mr. DEFAZIO. Mr. Speaker, there WELFARE BILL REAUTHORIZATION for 1 minute and to revise and extend will be a unique opportunity today to (Ms. WOOLSEY asked and was given her remarks.) do more than pass a birthday resolu- permission to address the House for 1 Mrs. MINK of Hawaii. Mr. Speaker, tion for President Reagan. Students of minute and to revise and extend her re- this year we will be working on the re- history will remember that massive marks.) authorization of the Temporary Assist- tax cuts passed in the first year of Ms. WOOLSEY. Over 30 years ago, ance for Needy Families, known as President Ronald Reagan’s term. Just 1 Mr. Speaker, I was a single mom with TANF. It was a rewrite of the welfare year later, as deficits began to grow, three small children, and even though I law that we had previously enacted President Reagan showed his mettle by was working, I needed AFDC, welfare, called Aid to Dependent Children. One joining with a Republican Senate and a to add to my income for health care, of the major differences of the two con- Democratic House to pass into law the child care and food stamps. cepts was in the old bill we cared about Tax Equity and Fiscal Responsibility When Congress passed welfare reform what happened to the families and to Act of 1982, raising taxes in the face of in 1996, I warned that getting women the children. That was our primary a deficit. And then he signed into law off the welfare rolls and into dead-end purpose. Under TANF it is a 5-year re- several other tax increases, including jobs would not be enough, especially if stricted cash assistance to families the Deficit Reduction Act of 1984. we had a downturn in the economy. with the primary emphasis on going to But today the Republican President The goal of welfare must be to break work. and the Republican House leaders do the cycle of poverty, not just get What has happened is that the rolls not have the vision and the gumption women jobs that pay slightly above of welfare have dropped, but poverty of the former President. The same day minimum wage. has remained the same. What we are that they will pass his birthday resolu- Under the welfare reauthorization trying to do in the bill that I have in- tion, they are going to also pass a reso- that is before us this year, education troduced which has 57 sponsors is to lution saying despite the huge and must count as work so we can help re- put the emphasis on caregiving. It has mounting deficits just like in the first cipients gain access to training and always been the high principle of Con- term of President Reagan, they are education so that they can improve gress to say families count first, the re- going to hold steady to the huge tax in- their economic future and the future sponsibilities of families to nurture creases tilted toward the wealthiest in for their children. But without skills, their own children. We want to put this country. the skills needed for a job, a job that that at the top, as the emphasis of this It would be more appropriate and pays a livable wage, and the knowledge new reauthorization: caring for chil- more fitting to recognize the spirit and that their children are getting good dren, allowing parents to stay home to the leadership of Ronald Reagan by ad- child care while they are away at work, care for their small children and giving mitting you were wrong and rescinding moms will have a hard time suc- them support to build their families’ or freezing further tax cuts and dealing ceeding. economic future through education. with the deficit honestly in this House. f Education must count and be equiva- lent to work. f THE PRESIDENT’S BUDGET—MEET- CONGRESSIONAL SPENDING ING THE GOALS OF OUR TIME f (Mr. PITTS asked and was given per- (Mr. STEARNS asked and was given PRESIDENT REAGAN’S LEGACY mission to address the House for 1 permission to address the House for 1 (Mr. PENCE asked and was given per- minute and to revise and extend his re- minute and to revise and extend his re- mission to address the House for 1 marks.) marks.) minute and to revise and extend his re- Mr. PITTS. Mr. Speaker, keeping the Mr. STEARNS. Mr. Speaker, America marks.) American people safe is our govern- faces a unique moment in history. Our Mr. PENCE. Mr. Speaker, mark your ment’s most important duty. We are Nation is at war, our homeland was at- calendar. It is official. I have, in fact, spending billions of dollars to fight ter- tacked, and our economy is in reces- as of this date and this hour heard ev- rorism and to keep the homeland se- sion. The President’s budget meets the erything: President Ronald Wilson cure. In addition, the recession has requirements of victory and the test of Reagan on the occasion of his 91st cost the government billions more in responsibility. The President’s budget birthday used as an example in the lost revenue. These things are unavoid- holds government accountable for re- House of Representatives as a tax in- able. And it looks like, after passing sults that address these priorities of creaser in America and as an example four balanced budgets in a row, the the American people: Winning the war of someone who believed in the virtue first time in 40 years, that we will on terrorism, strengthening protec- of tax increases.

VerDate 11-MAY-2000 00:23 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.002 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H145 It is a privilege to rise on the 91st tives, a similar bicameral body, I support Saddam Hussein. I do not be- birthday of President Ronald Wilson thought that is the way it works. But lieve that people in Iran support the re- Reagan. I had the privilege of meeting not so. Here we in this House with Re- ligious mullahs that force terrorism all him in person. I did not know then publican control have passed a trade over their country. what we would all come to know, how promotion bill, we have passed a farm But the issue I would like to bring to he would bestride history as few men bill, we have passed an energy bill. We the floor today is that for generations, who have occupied the Presidency have even passed a terrorism insurance for 100 years, the Filipino people have would do; how he would rebuild our bill and, most recently, a jobs creation supported the United States; not just economy through tax cuts, believing in bill. in thought, but in blood. I spent a lot American entrepreneurism and inge- And what has happened on the way to of time in the Philippines and I know nuity; how he would rebuild the mili- the President for signature? I do not the people. I have lived there and been tary after years of reckless cutbacks know. I do not know. I know that there with them. Over 90 percent of the Fili- and bring the godless Soviet Union to are some huge tax folks over here; and pinos support the United States pres- its knees. on Ronald Reagan’s 91st birthday, they ence there and the war against ter- Mr. Speaker, though he cannot hear are going to celebrate by burying the rorism. these words today or even yet remem- job-creating bill which we need back in I have heard some negative things ber what he did for America, I believe the heartland of America so des- about the Filipinos, and I would like to that soon, with eyes again young, Ron- perately so that people can get to work let this House know that they are ald Reagan will see what his courage again. They are going to celebrate Ron- loyal, they support the United States, has wrought and will hear those words, ald Reagan’s birthday by burying the they support democracy. ‘‘Well done, good and faithful servant.’’ stimulus package. f Well, it must be a great day in the f liberal Democratic establishments, Mr. REMEMBERING SUSAN CLYNE b 1015 Speaker; but it is a sad day for the (Mr. ISRAEL asked and was given REDUCING POVERTY ALONG WITH workers of the United States of Amer- permission to address the House for 1 WELFARE ica. minute and to revise and extend his re- (Mr. CLAY asked and was given per- f marks.) Mr. ISRAEL. Mr. Speaker, today I mission to address the House for 1 A BALANCED WARTIME BUDGET am joined in the gallery by Mr. Charlie minute and to revise and extend his re- (Ms. HARMAN asked and was given marks.) Clyne of Lindenhurst, who lost his wife permission to address the House for 1 in the World Trade Center on Sep- Mr. CLAY. Mr. Speaker, I join my minute and to revise and extend her re- colleagues today as an original cospon- tember 11. marks.) Mr. Clyne and I have just met with sor of H.R. 3113, the TANF Reauthor- Ms. HARMAN. Mr. Speaker, we have ization Act of 2001. This bill recognizes special master Ken Feinberg to work seen this movie before. Federal budget towards a victim’s compensation fund the need to build on the framework of deficits as far as the eye can see; ‘‘con- the 1996 law and refocus our efforts to that is fair and just, and I just wanted straints’’ on Federal spending as real- to share with my colleagues Mr. truly fight poverty in our country. istic as pie in the sky; heavy borrowing Although welfare reform ‘‘ended wel- Clyne’s comments and recollections from Social Security and Medicare and remembrances about his wife fare as we knew it,’’ it did not reduce trust funds to pay for day-to-day family poverty. In many cases, it mere- Susan. spending. She loved her job at Marsh and loved ly moved families off of welfare rolls In the early nineties, this behavior and into the class of working poor. her view from her 96th floor office. She by the Federal Government retarded loved computers; and since computer As a result, despite a strong economy economic growth. The annual Federal and a 50 percent decrease in welfare law was not very popular at the time, deficit was $300 billion a year; post- she chose to stay in insurance where caseloads over the last 5 years, family Cold War defense spending cuts sent poverty has declined by less than 13 she carved her niche, first as a pro- unemployment in my congressional grammer and then rose through the percent, and overall poverty has fallen district into double digits; long-term by less than 2 percent. Families cannot ranks. interest rates stayed high, putting But her greatest love was her chil- be economically secure without em- business borrowing and home mort- ployment that pays a living wage. dren, and she shared that love with her gages out of reach. kids. She juggled work, family and As we work on TANF reauthoriza- Only after a series of hard-fought studying. Her children were her treas- tion, we also need to ensure access to battles and the enactment of the Bal- ures. She adored them, and they wor- Medicaid, food stamps, child care and anced Budget Act of 1997 did budget shipped her. Her office was filled with other transitional work supports for surpluses begin to emerge and to spur pictures. She developed a family Web those families leaving welfare. economic growth and millions of jobs. I support the TANF Reauthorization With the release of Monday’s budget, site with pictures, slide shows, and, Act, because it recognizes the need to Mr. Speaker, it may be ‘‘deja vu all most recently, streaming video. shift the emphasis from reducing wel- over again.’’ As Mr. Clyne wrote in a note to me, fare rolls to reducing child and family Mr. Speaker, we need a wartime ‘‘They were truly her angels. Sue got poverty. budget which recognizes that defense up every morning at 4:45 and was on f and homeland security are our top pri- the 6 a.m. train to the city. We never orities, protects Social Security, and saw her that morning. We never even A SAD DAY FOR THE WORKERS OF had a chance to say good-bye. In an in- AMERICA puts everything else, spending and fu- ture tax cuts, back on the table. stant, some radical religious moron de- (Mr. KINGSTON asked and was given We need to return to a balanced cided it was her time.’’ permission to address the House for 1 budget. Mr. Speaker, I know that this entire minute and to revise and extend his re- Homeland security, Mr. Speaker, House expresses our condolences and marks.) must also mean economic security. best wishes to Mr. Charlie Clyne and Mr. KINGSTON. Mr. Speaker, prior f all of the families of victims of that to serving in the United States Con- horrible day. PHILIPPINE PEOPLE SUPPORT gress, I served in the Georgia legisla- f ture. We were a bicameral body. We AMERICA had a House and Senate; and when the (Mr. CUNNINGHAM asked and was ANNOUNCEMENT BY THE SPEAKER Georgia House passed a bill, the Geor- given permission to address the House PRO TEMPORE gia Senate would take it up for debate. for 1 minute and to revise and extend The SPEAKER pro tempore (Mr. They would vote it up or down. his remarks.) FOSSELLA). The Chair must remind When I became a Member of the Mr. CUNNINGHAM. Mr. Speaker, I Members that during a session of the United States House of Representa- do not believe that the people in Iraq House, it shall not be in order for a

VerDate 11-MAY-2000 23:33 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.005 pfrm01 PsN: H06PT1 H146 CONGRESSIONAL RECORD — HOUSE February 6, 2002 Member, Delegate, or Resident Com- Mrs. MEEK of Florida. Mr. Speaker, Mr. HASTINGS of Washington. Mr. missioner to introduce to or bring to as Congress takes up the reauthoriza- Speaker, this resolution provides that the attention of the House an occupant tion of the welfare law this year, we it shall be in order at any time on the of the galleries of the House. must fashion a truly successful welfare legislative day of Wednesday, February f system, one which does not abandon 6, 2002, for the Speaker to entertain people who need help. motions that the House suspend the STOP THE RAID ON SOCIAL SECU- Most families who have worked their rules relating to the following meas- RITY AND MEDICARE TRUST way off welfare are far from achieving ures: the concurrent resolution, H. FUNDS self-sufficiency and are still living in Con. Res. 312, expressing the sense of (Mr. DOGGETT asked and was given poverty. We must return to making the House of Representatives that the permission to address the House for 1 poverty reduction an explicit goal of scheduled tax relief provided for by the minute and to revise and extend his re- welfare reform. Economic Growth and Tax Relief Rec- marks.) Many ex-welfare recipients have been onciliation Act of 2001, passed by a bi- Mr. DOGGETT. Mr. Speaker, the Ad- unable to pay rent, buy food or afford partisan majority in Congress, should medical care. In 1999, even in the midst ministration’s new budget is wrapped not be suspended or repealed; of an economic boom, ex-welfare recipi- in the flag. Literally. It has a beautiful Second, the joint resolution, H.J. ents who worked earn an average of red, white and blue cover. But the fine Res. 82, recognizing the 91st birthday of nearly $7,200 a year, approximately print inside should be written mostly our 40th President, Ronald Reagan; $6,000 below the poverty line for a fam- in red ink. Contrary to one pledge after and, ily of three. The success or failure of another, from one Administration offi- Three, the resolution, H. Res. 340, cial after another, this plan rejects a welfare reform cannot be measured solely by whether caseloads decline; recognizing and honoring Jack Shea, balanced budget in favor of a ‘‘borrow lower welfare case leads must reflect Olympic gold medalist in speed skat- and spend’’ approach. the integration of former welfare re- ing, for his many contributions to the The central principle on which this cipients into our economic system. Nation and to his community through- budget relies is to take payroll taxes If, on the other hand, lower caseloads out his life. right out of the pocket of employees only reflect a benefit cutoff in which Mr. Speaker, following the adoption around this country—on their hard- people disappear from the system with- of this rule, the House will take up H. earned wages that they paid in, think- out help, an adequate safety net, then Con. Res. 312, expressing our collective ing it was going for Social Security welfare reform must be viewed as a will that the bipartisan tax relief plan and Medicare—and uses them for some- failure. passed by the Congress and signed into thing other than Social Security and I commend my good friend, the gen- law by President Bush should take ef- Medicare. tlewoman from Hawaii (Mrs. MINK), for fect as scheduled. This raid on Social Security is not introducing H.R. 3113. Recently, several Members of Con- only fiscally irresponsible, it not only f gress have proposed that key provi- shifts the cost of what we are doing sions of the Economic Growth and Tax now to our children and our grand- PROVIDING FOR CONSIDERATION Relief Reconciliation Act should be re- children, but it could well produce a di- OF MOTIONS TO SUSPEND THE pealed, delayed, or postponed. H. Con. rect cut in Social Security and Medi- RULES Res. 312 reiterates our full commit- care benefits. It is wrong; it is mis- Mr. HASTINGS of Washington. Mr. ment to all tax relief provisions in this guided. This ‘‘borrow and spend’’ ap- Speaker, by direction of the Com- act, including the across-the-board tax proach should be rejected. mittee on Rules, I call up House Reso- cuts, the marriage penalty relief, the f lution 342 and ask for its immediate elimination of the death tax, doubling consideration. of the per-child tax credit and IRA ex- REDUCE POVERTY ALONG WITH The Clerk read the resolution, as fol- WELFARE ROLLS pansion. lows: Further, H. Con. Res. 312 states that (Mr. DAVIS of Illinois asked and was H. RES. 342 repealing or delaying provisions of given permission to address the House Resolved, That it shall be in order at any President Bush’s tax relief plan would for 1 minute and to revise and extend time on the legislative day of Wednesday, in fact constitute a tax increase; that his remarks.) February 6, 2002, for the Speaker to entertain increasing taxes during a recession Mr. DAVIS of Illinois. Mr. Speaker, motions that the House suspend the rules re- would hurt the economy and American as we move towards reauthorization of lating to the following measures: (1) The concurrent resolution (H. Con. Res. workers; and that Congress should TANF, I am pleased to join with my 312) expressing the sense of the House of Rep- work with the President to promote colleagues this morning in a discussion resentatives that the scheduled tax relief long-term economic growth through a of welfare reform. We must focus on re- provided for by the Economic Growth and fair Tax Code that puts the least pos- ducing poverty as well as reducing the Tax Relief Reconciliation Act of 2001 passed sible burden on taxpayers. welfare rolls. by a bipartisan majority in Congress should Although welfare rolls are down not be suspended or repealed. b 1030 nearly 50 percent in 5 years, many (2) The joint resolution (H.J. Res. 82) rec- Mr. Speaker, last June when the former recipients have been pushed ognizing the 91st birthday of Ronald Reagan. President signed into law the Eco- (3) The resolution (H. Res. 340) recognizing nomic Growth and Tax Relief Rec- into low-wage jobs that keep them in and honoring Jack Shea, Olympic gold med- poverty. Families cannot be economi- alist in speed skating, for his many contribu- onciliation Act of 2001, it provided mil- cally secure without work that pays a tions to the Nation and to his community lions of American taxpayers with the living wage. throughout his life. first meaningful tax relief they had had We need to reduce poverty, not just The SPEAKER pro tempore. The gen- since 1981. caseloads, by focusing on employment tleman from Washington (Mr. All Americans who pay Federal in- that will lift families out of poverty HASTINGS) is recognized for 1 hour. come taxes have benefited from the act and really make work pay. Therefore, Mr. HASTINGS of Washington. Mr. and will benefit from our vote today, one of the best ways to reduce poverty Speaker, for the purpose of debate making it clear that we have no inten- is to raise the minimum wage to a liv- only, I yield the customary 30 minutes tion of weakening or softening in any able wage. Let us make this a part of to the gentleman from Florida (Mr. way our commitment to provide the re- welfare reform. HASTINGS), pending which I yield my- lief that they were promised, especially f self such time as I may consume. Dur- not now, when to do so would weaken ing consideration of this resolution, all the economy and further endanger the WELFARE REAUTHORIZATION time yielded is for the purpose of de- well-being of millions of lower- and (Mrs. MEEK of Florida asked and was bate only. middle-income American workers and given permission to address the House (Mr. HASTINGS of Washington asked their families. for 1 minute and to revise and extend and was given permission to revise and Therefore, Mr. Speaker, I encourage her remarks.) extend his remarks.) my colleagues to support this rule so

VerDate 11-MAY-2000 00:38 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.009 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H147 that we may proceed with H. Con. Res. roads and, most importantly, in leav- ment levels may only be increasing by 312, as well as additional measures hon- ing no child behind, we are getting .1 percent every month and not the 1.5 oring former President Ronald Reagan ready to leave some behind in my home percent as we saw a few months ago, and the late Olympian Jack Shea. county because we do not have the we are in no way re-creating the jobs Mr. Speaker, I reserve the balance of funds to modernize the schools; we that we have already lost. It is going to my time. have already dropped the summer be a long time until the economy will Mr. HASTINGS of Florida. Mr. school program that is proposed, and recover enough to the point that we Speaker, I yield myself such time as I cuts are everywhere, which means that can actually re-create jobs instead of may consume. there are serious problems. The people losing them. Until then, we need to Mr. Speaker, I hope the reporter is of south Florida and throughout this protect the unemployed because times not confused with these two Hastings country have serious human needs are not getting any easier for them. this year. This is a first for the gen- which the President’s budget neglects. As I mentioned at the outset, and for tleman from Washington (Mr. As a member of the Permanent Se- the reasons just explained, I oppose HASTINGS), my good friend and col- lect Committee on Intelligence, I am adoption of this rule. league, and I thank him for yielding keenly aware of what our domestic and Mr. Speaker, I reserve the balance of the time. Let me assure the gentleman national security needs are. I do not my time. that we will try to make this debate quibble with the President’s request for Mr. HASTINGS of Washington. Mr. more friendly than the last Battle of this funding. What I do take umbrage Speaker, I reserve the balance of my Hastings in 1066. with is the insistence that the adminis- time. Mr. Speaker, as the gentleman from tration does not have enough cash or Mr. HASTINGS of Florida. Mr. Washington (Mr. HASTINGS) has already proposed same for the other serious Speaker, I yield 4 minutes to the dis- explained, under rule XV of the House needs in our country. tinguished gentleman from Michigan rules, bills may be considered on the At the same time I remain com- (Mr. LEVIN), my good friend. House floor under suspension of the mitted to homeland security, I also re- (Mr. LEVIN asked and was given per- rules only on Mondays and Tuesdays. main committed to security in folks’ mission to revise and extend his re- Therefore, this resolution is required in homes and in their families. We need to marks.) order to consider the bills on today’s realize that September 11 was not just Mr. LEVIN. Mr. Speaker, I very schedule. an attack on the World Trade Center much oppose this resolution and H. The gentleman has done an adequate and the Pentagon; rather, it was an at- Con. Res. 312 that would be brought up job of explaining why, in the leader- tack against America’s economy, under it. Mr. Speaker, H. Cons. Res. 312 ship’s opinion, these bills must come to America’s values, and all of the Amer- is nothing but a smoke screen. It is to the floor today and in this manner. Mr. ican people. try to hide the fact that the Social Se- Speaker, I respectfully disagree and op- As we fund the war on terrorism curity and Medicare surplus is going up pose adoption of this rule. abroad and within our own borders, we in smoke, going up in smoke, because There is no need to rush to judgment cannot and will not forget our casual- of the way this administration and this on these bills. There is simply no good ties here at home. And, Mr. Speaker, I House have handled the economy and reason to handle these bills outside the am not just talking about the signifi- the budget. It is an effort to hide the normal parameters of the way the cant number of Americans, nearly 3,000 fact that the lockbox of Social Secu- House should conduct its business. or more, who died on September 11 or rity and Medicare is not only being un- Moreover, when the House does operate in the subsequent anthrax attacks. I locked, but it is being thrown into the this way, it effectively curtails our am also talking about the more than scrap heap. rights, and I am talking about the 1.8 million hard-working Americans On five occasions this House voted on Members, and responsibilities as seri- who are jobless as a result of our reces- lockboxes for Social Security and ous legislators. Members should be sion. Every day we pick up the paper Medicare: On May 26, 1999; June 20, very wary of allowing this leadership and another company is firing or lay- 2000; September 18, 2000; September 19, or any leadership to usurp our rights. ing off thousands of workers. 2000; and February 13, 2000. But what There are Members of this body who I am glad to see that the President has happened? The lockbox is essen- have serious concerns with at least one includes a 13-week extension of unem- tially gone. of the resolutions we may consider ployment benefits for those who lost President Bush just a year ago said today, and I think that we may hear their job as a result of the attacks on this: ‘‘To make sure the retirement quite a bit in due time from several our Nation. This extension is a move savings of America’s seniors are not di- distinguished members of the House that I, for one, along with several of verted to any other program, my budg- Committee on Ways and Means regard- my colleagues, in a bipartisan fashion et protects all $2.6 trillion of the Social ing their concerns, in addition to other have been pushing for since I first in- Security surplus for Social Security fiscally responsible Members. troduced my plan to extend unemploy- and for Social Security alone.’’ Mr. Speaker, it was shocking to me ment and job training benefits, as well But look at this chart, what has hap- today to read on the front page of to- as health care benefits, to the unem- pened. A surplus of $5.6 trillion will be day’s Washington Post about the ployed, when I offered an amendment down this year to less than $1 trillion, deaths of six people in this city yester- to the Airline Stabilization Act on Sep- and probably less than that; a loss of $5 day because of the cold weather. It tember 21. My plan currently has more trillion in 1 year, much of it Social Se- strains credulity that we still have than 150 bipartisan cosponsors, the curity and Medicare. people freezing to death in this great most of any plan in the House at this The L.A. Times yesterday in the country. So what is Congress going to time. headlines said, ‘‘Budget Sells Social do to help these people? Well, unfortu- But while the budget extends unem- Security Down Red Ink River,’’ critics nately, the answer from the adminis- ployment, it cuts 20 out of 48 job train- say. How true. How true that is. tration is nothing more. Sorry, they ing programs the Federal Government Let me just read the implications of say. No money for additional heating is currently offers to those who wish to that from the Director of the budget available. improve their on the job skills. In addi- office, and I quote: ‘‘Put more starkly, In my home of Broward County in tion, the budget does nothing to extend Mr. Chairman, the extremes of what the State of Florida, we are facing mil- the health care benefits to displaced will be required to address our retire- lions of dollars of shortfalls to deal workers. ment are these: We will have to in- with serious human needs, from shel- The bottom line, Mr. Speaker, is that crease borrowing by very large, likely tering the homeless to feeding the hun- in less than 1 year, the health care ben- unsustainable amounts; raise taxes to gry to administering medical care, and efits for the 1.3 million already dis- 30 percent of GDP, obviously unprece- I spent a lot of time studying that par- placed workers and their families is dented in our history; or eliminate ticular problem during the last month going to expire. Although the recession most of the rest of the government as in my area. To the infirm persons who may be slowing, we nonetheless remain we know it. That is the dilemma that are not to receive assistance, to paving in a recession. Just because unemploy- faces us in the long run, Mr. Chairman,

VerDate 11-MAY-2000 23:33 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.013 pfrm01 PsN: H06PT1 H148 CONGRESSIONAL RECORD — HOUSE February 6, 2002 and these next 10 years will only be the member it is small business and entre- the amount of time remaining on both beginning.’’ preneurs that are the engines of eco- sides? Here we face a resolution trying to nomic growths. In fact, 80 percent of The SPEAKER pro tempore (Mr. hide these facts. The President’s budg- those who filed taxes under the top two FOSSELLA). The gentleman from Flor- et diverts all of the Medicare surplus, tax brackets are small business people ida (Mr. HASTINGS) has 18 minutes re- all of the Medicare surplus and $1.5 and entrepreneurs who have shops and maining. The gentleman from Wash- trillion of the Social Security Trust businesses on Liberty Street, the down- ington (Mr. HASTINGS) has 22 minutes Fund surplus, and instead of paying town in my home town of Morris, Illi- remaining. down the debt, which is essential to nois, as well as on Main Street all over Mr. HASTINGS of Florida. Mr. meeting our Social Security needs and America. We also passed efforts to wipe Speaker, I yield myself such time as I Medicare, what we are doing is increas- out the marriage tax penalty, to wipe may consume. ing the debt. out the death tax which helps small My distinguished friend and col- One other chart. Mr. Speaker, one re- business and family farmers, to in- league, the gentleman from Illinois sult of this irresponsibility is not only crease contributions and incentives for (Mr. WELLER), I would like to advise to divert Social Security and Medicare retirement savings and to double the the gentleman that I know of no Demo- funds, but to increase interest costs child tax credit. crat that has signified that he or she is over this 10-year period by $1 trillion. If we repeal the Bush tax cut, that is in favor of tax increases. The gentle- What a waste. Baby boomers are going all gone. It is a tax increase on the man’s analogy is a false analogy. Re- to turn 62 in 2008. This resolution is an American worker. And there is no real- pealing these tax cuts would not be a effort to hide the fact that this admin- world economist today who says that tax increase. istration has turned their back on the in a time of war and recession that you Mr. WELLER. Mr. Speaker, will the Social Security and Medicare needs of should increase taxes. But if you repeal gentleman yield? baby boomers. I oppose this resolution. or stall the Bush tax cut, we know it is Mr. HASTINGS of Florida. I yield to Mr. HASTINGS of Washington. Mr. a tax increase. the gentleman from Illinois. Speaker, I am pleased to yield 5 min- Well, the Bush tax cut was working. Mr. WELLER. Mr. Speaker, accord- utes to the gentleman from Illinois Economists were telling us that late ing to the Congressional Budget Office, (Mr. WELLER), a member of the Com- August around Labor Day that the repealing the Bush tax cut will in- mittee on Ways and Means. economy was beginning to grow again. crease tax revenue by about $360 bil- (Mr. WELLER asked and was given Then the terrible tragedy of September lion. Now, when we increase tax rev- permission to revise and extend his re- 11 occurred, costing thousands of enue when people are already making marks.) plans based upon that tax cut, real- Mr. WELLER. Mr. Speaker, today Americans their lives, terrible tragedy, world economists call that a tax in- our House has an opportunity, an op- put us into a war; and unfortunately the psychological blow of that terrorist crease. portunity to go on the RECORD and Mr. HASTINGS of Florida. Reclaim- speak clearly of whether or not we attack also impacted the confidence of ing my time, I would like the gen- should continue lowering taxes for American consumers as well as Amer- tleman to understand that last year’s American workers. Today we are at ican investors. And over a million tax cut, if made permanent as proposed war. The war on terrorism, our efforts Americans have since lost their jobs in the President’s budget, would cost to strengthen our homeland security, since the terrorist attack on the World approximately over $2 trillion over the and the current recession have caused Trade Center, Pennsylvania, and here next 10 years when debt service costs a fiscal deficit in our budget. In fact, in Washington at the Pentagon. are taken into account. That cost is al- according to the Congressional Budget Today we are at work. We are most exactly the same as the total Office, they point out that the reces- strengthening our homeland security. sion, combined with the war on ter- And unfortunately we are also in an raids on Social Security and Medicare rorism and our efforts to protect our economic recession. Again, no real- that will occur over the next 10 years. homeland security, account for 72 per- world economists says that we should There is a future and that is what I do cent of our current deficit. increase taxes during a recession. Tax not think anybody is saying, and there increases hurt our economy, they hurt are human needs and they need to be b 1045 the confidence of our investors, and addressed in a meaningful way. If we So almost three-quarters of our def- they take money out of the pocket- had no tax cut, we would be able to ad- icit has been caused by the economy as books of American workers who can dress them. well as the war. Some on the other side better spend that at home taking care Mr. Speaker, I yield 4 minutes to the are saying we need to raise taxes in of their families’ needs. distinguished gentleman from Texas order to eliminate that deficit. And the We must keep spending under con- (Mr. DOGGETT). way they want to raise taxes is they trol. True fiscal responsibility is keep- Mr. DOGGETT. Mr. Speaker, I rise in are calling for the repeal of the Eco- ing spending under control. Fiscal re- opposition to this resolution to sus- nomic Growth and Tax Relief Rec- sponsibility is not increasing taxes, as pend reality. The only purpose of this onciliation Act, something we com- my friends on the other side of the resolution is to allow the House to de- monly know as the Bush tax cut which aisle today will be advocating. Repeal- bate a resolution that really does sus- will give them more money to spend ing the Bush tax cut is a tax increase. pend reality. here in Washington. Simple. It was just a few short months ago Well, today we have a choice, a Today we will have the opportunity that the same people who are here choice of higher taxes or getting this for the House to go on the record for today urging adoption of this proposal economy growing again. Let us remem- every Member of this House, Repub- were telling us that we could have it ber that when President Bush became lican and Democrat, to say they want all: We could save Social Security; We President he inherited a weakening to increase taxes or we protect the tax could preserve Medicare and extend a economy. At that time the President cut for the American worker and get prescription drug benefit to seniors; We proposed taking one-fifth, 20 percent of this economy moving again. Let us re- could balance the budget; We could the budget surplus that resulted from member, repealing the Bush tax cut is have more spending; We could pay the fiscal responsibilities of this good a tax increase. I ask this House to vote down the debt. Indeed, we could do all Congress, and giving it back to the aye on this rule, and I urge Members of of that with huge tax breaks for the American worker so the American both parties to vote against a tax in- richest people in our society. We could worker can spend it at home for their crease and vote aye in favor of main- do all of that, they told us; and they families and get the economy moving taining the full implementation of the even had the audacity to come to the again. And we succeeded with bipar- Bush tax cut, helping the American House and say we need more tax breaks tisan support in passing the Bush tax worker and let us get this economy because if we do not get them, we will cut, helping our economy. moving again. be paying down the debt too far and We lowered rates for small business Mr. HASTINGS of Florida. Mr. that might jeopardize the economic fu- and entrepreneurs. And we have to re- Speaker, could I please be advised as to ture of our country.

VerDate 11-MAY-2000 23:33 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.015 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H149 Well, these same folks today are Mr. HASTINGS of Washington. Mr. Now, most of us in this body think bringing up what is really a resolution Speaker, I yield 5 minutes to the gen- that the marriage penalty is unfair, to have a straw man about a tax in- tleman from Alabama (Mr. BACHUS). that we ought to repeal it. We voted to crease. There is no one on the floor Mr. BACHUS. Mr. Speaker, it is obvi- do just that. Yet, now Members are today that has a bill or proposal to ous that the Members in the minority saying, well, we ought to delay the raise taxes or even to repeal any of the do not have any problem debating this marriage penalty relief. Across-the- taxes that were changed last year, issue. They do not mind talking about board income tax reduction. People got many of which were outrageously postponing or delaying the tax cuts. $300 and they got $600 back, and they skewed to those at the top of the eco- They do not mind speaking out and said, this is great. The government nomic ladder, rather than reaching blaming the tax cuts for all sorts of trusts us to spend our own money. In- those hardworking Americans, who evil, but they do not want to vote. stead of them spending it, we are get- needed tax relief the most. They do not want to take a position. ting to spend it. No, what we have is a resolution that That is all we are going to do, just take Now there are some in this body that is designed to disguise all of the red a vote and let everybody be counted. said we should not do that. We should ink that is in this budget that has been Now, last night in a kind of bomb not continue that. They are saying we proposed this week and to distract at- blast against this resolution, there was can spend this money. We can make tention from what is really occurring a Member of the minority that said better decisions than the American here—a raid on Social Security and this country ran a surplus for 200 years people. Medicare. and now we are in a deficit and it is no 1100 How does all of this work? Well, in time to reduce taxes. Well, let me re- b order to finance these tax breaks, our mind all of the Members that this I say put that money in the pockets colleagues on the Republican side are country, while it was running a sur- of hardworking Americans; let them not only picking the padlock on the plus, had a tax rate of half of what it is spend that money, whether it is $300 or Social Security and Medicare lock box today. We have actually increased $600. Actually it is $1,700 when these that they voted for five times; rather, taxes by a greater extent than when we tax cuts take effect. within months of having approved this had a surplus. And all those tax in- How about doubling of the per child phony lock box, they are throwing the creases have only resulted in more tax credit? If we delay that, then peo- whole box away. They are saying to the spending, that is what they have re- ple do not get that, and their taxes go people of America that when you work sulted in. They did not get us to a sur- back up where they would have gone hard and you contribute your wages plus until we cut spending; and we down. We are talking about hundreds and you get taxed at work and your went into a surplus not by raising of dollars per American family. I call employer gets taxed to forward those taxes but by cutting the rate of spend- that a tax increase. monies up to Washington to protect ing. And if Members are opposed to, if If we want to vote to postpone, if we and preserve Social Security and Medi- Members want to delay these tax cuts, want to delay these tax cuts, get out care, that they are not going to use if Members want to postpone these tax here and vote for it. The American peo- them for that purpose. They are going cuts, then vote no on this resolution. ple deserve to know how every Member to give Social Security and Medicare But as far as I am concerned, when of the House and every Senator feels on an IOU, and they will redirect those Congress makes a commitment to give this issue. Let us quit obstructing this. same dollars and apply them to finance American people tax relief, they ought Mr. HASTINGS of Florida. Mr. these tax breaks way into the future. to honor that commitment. To put it Speaker, I yield myself 20 seconds. It is not just the tax breaks that plainly, the American people should Would the gentleman from Alabama have already been proposed. Yesterday get the tax cuts they were promised. (Mr. BACHUS) stay at the stand for he we have heard Republicans are already Americans should have the relief they and I to have an exchange? seeking about a trillion dollars more to need now. Am I correct that the surplus in the extend these tax breaks and add to Passage of President Bush’s tax cuts, Social Security, and that we voted five them. As if that was not enough dam- and the ink is barely dry on them. It times in the House of Representatives age to the fiscal strength and sanity of has just been a few months. And that to have a lockbox so that Social Secu- this country, the Secretary of the was a historic bipartisan effort, a his- rity surplus would not be utilized; can Treasury, Mr. Paul O’Neill, indicated toric bipartisan effort. Only three you answer both those questions yes or that his ultimate objective which he times since World War II has this Con- no? had shared with the President, and gress passed across-the-board tax cuts. Mr. BACHUS. Mr. Speaker, will the with which the President indicated he The first time was President Kennedy gentleman yield? was intrigued, is to eliminate all tax- in the 60’s. The second time was Presi- Mr. HASTINGS of Florida. I yield to ation on corporations and businesses in dent Reagan in the ’80’s, and now the gentleman from Alabama. this country. So we will face, one year George W. Bush’s tax cut that we just Mr. BACHUS. Mr. Speaker, we can after another, more reaching into our passed. And already, already we are curtail spending. We do not have to rob pockets to take those payroll taxes and saying we are blaming those tax cuts Social Security. use them to advance the Republican on the disappearance of the surplus. We Mr. HASTINGS of Florida. Mr. Party’s agenda. are blaming them for that. And as the Speaker, I thank the gentleman for his The reality that they want to sus- gentleman from Illinois (Mr. WELLER) response. pend is that under their proposed budg- said, spending accounts for 16 percent Mr. Speaker, I yield 5 minutes to the et, they are going to take $1.5 trillion of it; 72 percent of it was caused by eco- gentleman from California (Mr. MAT- of Social Security payroll taxes and nomic conditions. SUI), my good friend. use them elsewhere. They will take We need to stimulate the economy. Mr. MATSUI. Mr. Speaker, I would $500 billion, in excess of $500 billion of We need tax cuts to stimulate the like to thank the distinguished gen- Medicare payroll taxes and use them economy, to cause growth, to increase tleman from Florida (Mr. HASTINGS) for elsewhere. In addition to all that, they tax revenues. We do not need to be in- yielding me the time. propose piling on almost a trillion dol- creasing taxes. Here we go again. The gentleman lars of additional tax breaks. That Now, someone said we are just post- from Illinois (Mr. WELLER) and the gen- makes no fiscal sense. It means shift- poning and delaying the tax cuts. That tleman who just spoke said that 70 plus ing more and more of the responsibility does not result in a tax increase to percent of the surplus has been elimi- for what we are doing today to our anyone. Why, obviously, it does. The nated because of the war effort and be- children and our grandchildren, and it American people know that it does. cause of the recession. If you only take also means we will not be able to fulfill When we postpone marriage penalty re- it in a snapshot of the last 12 months, our Social Security and Medicare obli- lief, people continue to pay a marriage that may be true, but over the next 10 gations. It means direct benefit cuts as penalty. Their taxes are more because years, we have to look at it over the a result of this kind of phony resolu- the marriage penalty continues to be next 10 years because the tax cut tion. paid. phases in over 10 years. What really

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.036 pfrm01 PsN: H06PT1 H150 CONGRESSIONAL RECORD — HOUSE February 6, 2002 happens is because the CBO made bad the opportunity to offer an amendment riage penalty, death tax, more money projections and because of the reces- to create a lockbox that protects So- in education IRAs benefits most of the sion, the surplus is eliminated by 42 cial Security and Medicare, we are people in America. percent by the change in economic con- jeopardizing the senior citizens of I understand why the gentleman ditions. America. We are putting them at risk. from New York (Mr. RANGEL) wants Secondly, the tax cut once 10 years We are putting them in a situation more government support. He is not have passed is 41 percent of the loss of where they are putting their payroll evil. It helps his district, but in my dis- the surplus, 41 percent of the loss of taxes into a trust fund thinking it is trict and I think the majority of dis- the surplus. The defense spending, the for their retirement, and instead, it tricts, it does not, and that is what we defense spending and the war effort, goes to people like Ken Lay of Enron are fighting for is across the board the total over the next 10 years only Corporation. That is the most out- middle America. comes to 9 percent of the loss of the rageous thing I can imagine on the I would say that when we increased surplus. It is the tax cut, 400 times the floor of the House. taxes on Social Security in 1993, when cost of the defense bill, that is the rea- Let me just conclude by making one we take increased gas taxes, that hurts son that we are losing the surplus and other observation about this, if I may. Americans. Look at the truckers that running deficits and the reason we are If this resolution fails, and I really we had demonstrating on the lawn be- going to dip into the Social Security hope it fails, it means nothing. The tax cause it increased just in gas tax and Trust Fund. cut still goes into effect. So we are the high cost of fuel. That is wrong, What is ironic is the fact that the So- wondering, the American public is say- and it hurts jobs. Why are people lay- cial Security Trust Fund under the ing, well, if it fails, it still goes into ef- ing off people today, over 700,000 people President’s budget over the next 10 fect, why is that? Well, that is because since September 11, and before that, we years will be tapped into in the sum of we are playing games. Instead of doing had started into a recession? Because $1.4 trillion. Some might smirk at that. the public’s business, instead of trying they are not making margins. The problem is that what we have is a to make sure the economy is working, Remember in Los Angeles when we unique situation. The elevator oper- instead of making sure that we have a had the riots, all those businesses that ator, the waitress in the House dining balanced budget, instead we are play- were burned out, how much revenue room that feeds us and makes sure we ing games. was coming to the United States Gov- have our meals, their payroll tax is This is absolutely a meaningless day. ernment? Zero. But yet Jack Kemp’s going to pay for this tax cut that was We are going to spend 3 hours on this, type law for an enterprise zone gave passed last May. debate it, vote on it, and it is going to low-interest loans. We put money in The tax cut that was passed last be totally meaningless because no mat- there. We started those businesses. May, it comes to $1.7 trillion once we ter what we do, that tax cut is still People started working, and the more add it all up with the interest lost, $1.7 going to occur. So we have to ask our- people that worked, the more revenue trillion, and that comes from the So- selves what is really the intention of we had in government. That is what we cial Security surplus that is now being the authors of this amendment? Why believe in, and then we can help these taken out to pay for the tax cut. The payroll tax is the most regres- are they doing this? Well, because they domestic programs. sive tax in America. So we are asking want to play politics. They talk about This country is at war, both domesti- people that make $20,000 a year, $2,000 partisanship. That is exactly what they cally and overseas. Most Americans do they pay into the Social Security are into. not mind reducing the amount of Trust Fund every year, and we are Vote for a motion upon the previous growth. We will set a number, my col- going to ask them to pay for tax cuts question. Vote against the rule and leagues will set a higher number. Be- for people who make $1.1 million be- vote against this resolution which is a cause we do not reach their higher cause the top 1 percent get 40 percent very bad resolution. number, they will say we are cutting Mr. HASTINGS of Washington. Mr. of this tax cut. when we are actually increasing do- Somebody is going to have to tell me Speaker, I am pleased to yield 3 min- mestic programs. I understand my col- about the equities in this. We are not utes to the gentleman from California leagues on the other side, but govern- like the Greeks, we are not like Aris- (Mr. CUNNINGHAM). ment does not do it better than people totle so we do not talk about ethics, Mr. CUNNINGHAM. Mr. Speaker, my themselves. but there is something immoral about colleagues on this side of the aisle are Mr. HASTINGS of Florida. Mr. this, something immoral about asking not evil. Matter of fact, I spoke to the Speaker, would the Speaker give an ac- the waitress on her payroll taxes to gentleman from New York’s (Mr. RAN- count of the amount of time remaining pay for people that make $1 million a GEL) staffer just yesterday. He in- for both sides? year. formed me that only about 9 percent of The SPEAKER pro tempore. The gen- What we have is a little resolution the population that he represents own tleman from Florida (Mr. HASTINGS) that we would like to add on to the their own home, and it is difficult to has 71⁄4 minutes remaining, and the gentleman from Washington’s (Mr. think that people with tax relief in gentleman from Washington (Mr. HASTINGS) resolution. It would basi- that district could help themselves HASTINGS) has 14 minutes. cally say that we want to preserve the more than government, but neither my Mr. HASTINGS of Florida. Mr. Social Security and Medicare Trust district nor the gentleman from New Speaker, I am pleased to yield 4 min- Fund. We want to put that in a sepa- York’s (Mr. RANGEL) district I think utes to the distinguished gentleman rate account. My colleagues voted on it represents mid-America, and tax relief from Texas (Mr. STENHOLM). five times in the last 24 months. In does help those individuals with money (Mr. STENHOLM asked and was fact, only one Republican Member in in their own pockets. given permission to revise and extend the entire body, the gentleman from I would say to my colleagues, the his remarks.) New York (Mr. HOUGHTON), voted issue of the Social Security Trust Fund Mr. STENHOLM. Mr. Speaker, my against it, and he only did that once or is not on this floor because in 1993, friend from California was exactly twice. So they all support taking the when the Democrats controlled the right when he said a moment ago that Social Security and Medicare money, White House, the House and the Sen- Social Security is not on the floor putting it aside so that we do not spend ate, they claimed that they wanted tax today, but it should be. it on anything, including tax cuts and relief for the middle class. What did The reason I rise to strongly oppose other government programs. All we they do? They could not help them- this rule and strongly oppose the pre- want to do is add that on as an amend- selves. They raised the tax on the mid- vious question is that I believe that we ment so we can put a little equity in dle class. They took every dime out of ought to have an amendment allowed this so we can make sure the American the Social Security Trust Fund for do- that would preserve the lockbox for So- public understand what the priorities mestic spending. They increased taxes, cial Security. What our friends on this are. and they increased spending, and what side of the aisle are saying clearly to I have to the say this: If my col- we are saying is that we believe that the American people today, it is much leagues vote for this rule and deny us for all America that tax relief, mar- more important to preserve the tax

VerDate 11-MAY-2000 00:27 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.021 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H151 cuts in 2004, 2005, 2006, 2007, 2008, 2009, increase the limit on our national debt I believe as far as this permanency and 2010 than it is to protect Social Se- to $6.7 trillion to borrow the money resolution is concerned, Mr. Speaker, curity and the ability of our young that they are insisting in their eco- that workers should not face financial people and the baby boomers to draw it nomic game plan, that they voted on, uncertainty just because we fail to in 2007. that they are insisting on, if they are make their tax cut permanent. It is That is the choice today, and do I looking forward to that, then vote for very important to tell the American mind voting on this? Not at all. To this previous question and rule, be- public about the consequences of inac- those that continue to say we are talk- cause they are going to get a chance to tion. ing about raising taxes on this side of vote to borrow, and the American peo- If we do not make the tax bill perma- the aisle, no one on this side of the ple are soon to begin to understand nent, working Americans, teachers, aisle has said one word about raising that we are talking about borrowing small-business people, small-business taxes on anybody in the past several the money to spend. owners, truck drivers will all see a tre- mendous tax increase. No matter what days or in the days ahead. b 1115 My friends on the other side of the anybody says about it, if we do not aisle will point out the primary reason We are fighting a war, and we are make this permanent, and this tax sit- we face a deficit this year is because of borrowing on our children and grand- uation comes back after 10 years to be the war on terrorism and the economic children’s future in order to satisfy a exactly the way it was before the downturn, and they are right, this theoretic game plan that is already President signed the bill last June, year, but we are talking about a 10- shown to be off by $5 trillion within 12 that is a tax increase. year proposal. We are talking about months. If we look at the massive in- Specifically, in 2011, a middle-income setting into concrete a budget resolu- creases in the national debt and the couple making $50,000 a year would see tion that was passed before the war, be- budget that was submitted this week, their tax burden rise by over $1,200 a fore September 11, and saying we can- and the tremendous unfunded liabil- year just because of the phaseout of ities facing the Social Security system not touch any of that. We are going to the provision that now relieves married and the Medicare system, and worry borrow all of the Social Security Trust couples from the marriage penalty. about the legacy we are leaving for our Fund moneys for the next 10 years. I also want to point out the two cen- grandchildren, then perhaps this reso- That is what my colleagues are saying. tral myths that are promoted by our lution does not feel so good. opponents. First of all, tax relief made When they vote for this rule and for I hope there is a few of my colleagues the previous question, they are saying the recession worse. False. In fact, the on that side that share that commit- tax cut had the opposite effect by put- absolutely unequivocally we are going ment because I certainly do. It is time to go back into Social Security, and we ting more money in people’s pockets to set aside these pure partisan com- and by creating incentives to encour- are going to justify it. ments and start working on the real age companies to invest and create What I would ask my friends, those problem, and that is solving the Social who have said, as the gentleman from jobs. The economic data indicate that Security problem before it is too late. consumer spending kept us from falling Alabama (Mr. BACHUS) said a moment Mr. HASTINGS of Washington. Mr. ago, we are going to cut spending, into an even deeper recession. Speaker, I yield 4 minutes to the gen- Secondly, the myth that suspending bring your budget out, give us a chance tlewoman from Washington (Ms. the tax relief is not a tax increase. to work with you. You will find there DUNN), a member of the Committee on False. Make no mistake about it, re- will be considerable support on this Ways and Means. scinding tax relief would be raising side of the aisle for cutting spending. Ms. DUNN. Mr. Speaker, I thank the taxes. That very strange item in the Bring it out. You will have a chance to gentleman for yielding me this time, Senate that requires that any kind of do that. and I want to bring up one point that tax decrease sunset after 10 years has Last year the Blue Dogs warned it people continue to forget. It certainly already had some perverse effects. was dangerous to make long-term is not emphasized in the media. And Under current law, people will have to budgetary commitments based on 10- that is that as we estimated what our die during 9 particular months, from year surplus projections when 70 per- budget surplus would be over the last January 1 to October 1 in 2010, to avoid cent of the projected surplus was in few years, we predicted that over 10 the death tax. For anybody who passes year 2006 to 2010. We suggested it would years it would be $5.6 trillion. We are away in 2011, however, their estate be much more responsible to make still looking at a budget surplus over 10 would face the punishing 55 percent budget decisions based on 5-year pro- years. It has dropped because of reces- rate again that we had in 2001. The res- jections. Now I read that the Office of sion and the war on terrorism and urrection of the death tax ensures that Management and Budget has proposed spending that we continue to do to $1.6 family businesses will continue to pay using 5-year budget projections because trillion, but, in fact, at the end of 10 estate planners and buy expensive in- they have decided that 10-year projec- years, we will have a surplus, according surance policies. It is just as if repeal tions are not reliable, yet here we are to today’s number, of $1.6 trillion. never existed. arguing on the 10-year projection. The So let us not imply we are going to The lack of permanency, the lack of OMB says, no, we should not do that. If have years and years of deficits; that predictability has real consequences. it was a mistake to make budget deci- we are going to do as the other party And I would say, Mr. Speaker, I think sions based on 10-year projections, as did for 40 years and spend our govern- it is especially symbolic that we offer the administration is telling us now, ment into a huger and huger national this resolution today on President Rea- then why are we blindly making deci- debt. It is simply not true. gan’s birthday. We all know what a sions based on a 10-year budget fore- I want to thank the gentleman from champion he was for tax relief, and we cast that turned out to be $5 trillion Illinois (Mr. WELLER) and the gen- honor his legacy by supporting this wrong? tleman from Alabama (Mr. BACHUS) for resolution. What bothers me about the game sponsoring this resolution. I rise today Mr. HASTINGS of Florida. Mr. plan we are now in is what it means to on the 91st birthday of Ronald Reagan, Speaker, I yield myself such time as I the future of Social Security and Medi- our Nation’s 40th President, to call may consume to advise my colleague care. We should be saving the Social upon Congress to make our historic tax that the Governor of the State of Flor- Security and Medicare surpluses to bill permanent. Under President Rea- ida, the President’s brother, just scaled prepare for the retirement of the baby gan’s leadership, we experienced eco- back his own tax cut in Florida. And I boom generation and working on re- nomic expansion and peace and pros- ask, did Governor Bush just raise the forms to strengthen Social Security perity in the midst of a Cold War. He taxes of all Floridians? He is not call- and Medicare for our children and believed that cutting taxes would in- ing it a tax increase. grandchildren. That is what we should crease, not shrink the Federal tax reve- Mr. Speaker, I yield 2 minutes to the be debating on this floor today, tomor- nues, and he was right. We also know gentleman from New York (Mr. RAN- row and the days ahead. that spending did not decrease during GEL), the distinguished ranking mem- I would say to my colleagues that if those years because Congress did not ber of the Committee on Ways and they are looking forward to voting to keep its commitment. Means and my good friend.

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.023 pfrm01 PsN: H06PT1 H152 CONGRESSIONAL RECORD — HOUSE February 6, 2002 (Mr. RANGEL asked and was given taxes, and we are saying that we should Security Trust Fund and over $.5 tril- permission to revise and extend his re- keep spending under control. lion from the Medicare Trust Fund. It marks.) We are in a recession; world war. is absolutely critical that we keep Mr. RANGEL. Mr. Speaker, let me Clearly, we do have a deficit. We all promises we have made to our Nation’s join with the gentlewoman from Wash- admit to that. And every time we have senior citizens and protect their future. ington in wishing President Reagan a been in a recession, we have had a def- This bill is virtually identical to H.R. happy birthday and in saying that, as icit. Every time we have been at war, 2, which was passed nearly unani- most people should know, that this is a we have had a deficit. As the Congres- mously by the House last year. tax policy bill, but because it deals sional Budget Office has stated, 72 per- Mr. Speaker, I ask unanimous con- with more politics than policy, it did cent of the deficit is a result of the sent to insert the text of the previous not go through the Committee on Ways economy and the war against ter- question immediately prior to the vote, and Means. True, we have a lot of rorism. and urge my colleagues once again to Members here trying to protect our ju- Clearly, if we want to get this econ- vote ‘‘no’’ on the previous question. risdiction, but it went through the omy moving again, we need to bring The SPEAKER pro tempore. Is there Committee on Rules. That means it is spending under control and continue to objection to the request of the gen- supposed to be noncontroversial. It lower taxes for American workers. And tleman from Florida? means that what some of the people not one real-world economist has said There was no objection. are projecting here is not only do we that we should increase taxes during a accelerate the tax cuts, which the recession. They all say, including Alan Mr. HASTINGS of Washington. Mr. Committee on Ways and Means has Greenspan, that we should lower taxes. Speaker, I yield 2 minutes to the gen- seen with their majority to enact and I would note that if our friends are tleman from Alabama (Mr. BACHUS) on to pass into law, but they even are successful in stalling or repealing the the issue the gentleman just raised talking about making it permanent, Bush tax cut, this is what they will do: about Social Security. which not only costs trillions of dol- They will increase taxes on married Mr. BACHUS. Mr. Speaker, there lars, but at a time where we find that couples. Our friends would increase they go again. They are talking about 40 or 50 million people will become eli- taxes on the death tax for small-busi- Social Security and throwing out all gible for Social Security. ness people and family farmers. They these things, throwing out numbers. I think this is not noncontroversial. I would increase taxes on small-business The bottom line is this: If my col- think it is something that should go people and entrepreneurs. They would leagues want a tax increase, then sub- through the Committee on Ways and also increase taxes on parents who mit a bill, submit legislation, and tell Means. And I kind of think that since have children, because they would stop the American people where they stand. all of this was enacted at a time when the implementation of doubling the What I have done, what the gen- we did not have a recession and we did child tax credit. tleman from Illinois (Mr. WELLER) has not have war, that we really are tying As Secretary O’Neill has said, ‘‘Any done, we have submitted legislation to up the hands of the Congress to project delay or repeal of the Bush tax cut is let the American people know where what is going to happen in the future. clearly a tax increase.’’ And he also we stand, where everyone in this House There was a time before the State of said, and I can quote him from his tes- and the Senate stands. Be honest. Sub- the Union message that I thought timony before the House Committee on mit legislation and increase taxes. We Osama bin Laden was what was the Ways and Means, ‘‘Raising taxes would will have a vote on that. threat to the United States. The Presi- stifle the process of getting Americans The best way to ensure that we pro- dent says there are 10,000 terrorists back to work. This is a bad idea as our tect Social Security, which is what we walking the streets throughout the recovery is struggling to take hold.’’ all want, is to stimulate the economy. United States of America. The Presi- My colleagues, over a million Ameri- OMB Director Mitch Daniels testified dent says it is not Osama bin Laden, cans are out of work. We do not need a yesterday before the House Committee because he never mentioned his name, tax increase. We need to get this econ- on the Budget, and that is what he but we have the three-country axis, omy moving again. Vote aye on the said. The sooner we return to economic where we have Iran, Iraq, even North previous question, aye on the rule, and growth, the better we can protect So- Korea. But, who knows, Somalia; who aye for the resolution to maintain the cial Security. That was his message. A knows, Libya; who knows, Cuba. tax cut. few hours later, the Senate killed the So we do not know, really, the true Mr. HASTINGS of Florida. Mr. stimulus package. extent of where this war may take us. Speaker, I yield myself the balance of The way to get economic growth is to And since we have the responsibility, I the time. stick with President Bush’s tax relief. think, if we retained it, to declare the I ask my colleagues on the other Raising taxes or postponing or delay- war, we should have the responsibility side, what part of $11⁄2 trillion raid on ing the President’s tax relief is a sure in determining how we pay for it. This Social Security do you not understand way to destroy this economy, that and is the only time, during a time of war, about the next 10 years? What we are obstructing an economic stimulus bill. where we are saying let us accelerate going to do is unlock the lockbox and That is how we will destroy Social Se- tax cuts and make them permanent; box up the economy of America. curity, by driving up taxes and keeping when during a time of war, our great Mr. Speaker, I urge a ‘‘no’’ vote on spending high. Republic always said, let there be sac- the previous question. If the previous rifices, let us protect the poor, let us question is defeated, I am going to We have made a commitment to the protect our men and women, giving offer an amendment to the rule to re- American people to give them tax re- them what they need, let us protect move from the suspension calendar H. lief they need. We must keep that com- Medicare, let us protect Social Secu- Con. Res. 312, the sense of the House mitment. Cutting taxes is the right rity, and let us protect our country. that the tax cuts enacted last year thing to do. It is the fair thing to do. It Mr. HASTINGS of Washington. Mr. should go forward. I will replace it with is the compassionate thing to do for Speaker, I yield 2 minutes to the gen- legislation that will provide for a So- families who are struggling from pay- tleman from Illinois (Mr. WELLER). cial Security and Medicare lockbox for check to paycheck. (Mr. WELLER asked and was given the sixth time in the House of Rep- We need to get this economy going. permission to revise and extend his re- resentatives. We need to create jobs. They do not marks.) Mr. Speaker, regardless of how Mem- want unemployment checks. They Mr. WELLER. Mr. Speaker, we are bers feel about last year’s tax cuts, it would much rather have a payroll having the traditional debate today, is critical that we first work to protect check. Let us give them tax relief, let and that is, when spending is a little and preserve Social Security and Medi- us resurrect that economic stimulus tight, do we raise taxes, or do we bring care. Under the new budget resolution package. We lost 300,000 jobs last spending under control? Our friends on presented by the President this week, month through inactivity and 800,000 the other side of the aisle are using there will be, over the next 10 years, a jobs since this House passed an eco- their traditional argument to raise nearly $1.5 trillion raid on the Social nomic stimulus package.

VerDate 11-MAY-2000 01:06 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.025 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H153 b 1130 or medicare reform legislation for any such less than the amount of receipts) for that fis- fiscal year. cal year set forth in the most recently Mr. Speaker, let us give the Amer- ‘‘(ii) If a concurrent resolution on the agreed to concurrent resolution on the budg- ican people relief. Let us stimulate this budget, or an amendment thereto or con- et or the section 302(a) allocation for such economy. ference report thereon, would be in violation legislation, as applicable, shall not be taken The material previously referred to of subparagraph (A) because of an assump- into account for purposes of enforcing any by Mr. HASTINGS of Florida is as fol- tion of an increase in outlays or a decrease point of order under subsection (a)(2) lows: in revenue relative to the baseline under- ‘‘(3) DISCLOSURE OF HI SURPLUS.—For pur- lying that resolution for social security re- poses of enforcing any point of order under PREVIOUS QUESTION FOR H. RES. ll form legislation or medicare reform legisla- subsection (a), the surplus of the Federal PROVIDING FOR CONSIDERATION OF MOTIONS TO tion for any such fiscal year, then that reso- Hospital Insurance Trust Fund for a fiscal SUSPEND THE RULES lution shall include a statement identifying year shall be the levels set forth in the later At the appropriate place in the resolution any such increase in outlays or decrease in of the report accompanying the concurrent strike ‘‘(1)’’ and all that follows through ‘‘re- revenue. resolution on the budget (or, in the absence pealed.’’ and insert in lieu thereof: ‘‘(2) SPENDING AND TAX LEGISLATION.— of such a report, placed in the Congressional ‘‘(1) A bill to establish a procedure to safe- ‘‘(A) IN GENERAL.—It shall not be in order Record prior to the consideration of such guard the surpluses of the Social Security in the House of Representatives or the Sen- resolution) or in the joint explanatory state- and Medicare hospital insurance trust funds ate to consider any bill, joint resolution, ment of managers accompanying such reso- printed in section 2 of this resolution.’’ amendment, motion, or conference report lution. At the end of the resolution insert the fol- if— ‘‘(c) ADDITIONAL CONTENT OF REPORTS AC- lowing new section: ‘‘(i) the enactment of that bill or resolu- COMPANYING BUDGET RESOLUTIONS AND OF ‘‘SEC. 2. The text of the bill is as follows: tion, as reported; JOINT EXPLANATORY STATEMENTS.—The re- Be it enacted by the Senate and House of Rep- ‘‘(ii) the adoption and enactment of that port accompanying any concurrent resolu- resentatives of the United States of America in amendment; or tion on the budget and the joint explanatory Congress assembled, ‘‘(iii) the enactment of that bill or resolu- statement accompanying the conference re- port on each such resolution shall include SECTION 1. SHORT TITLE. tion in the form recommended in that con- ference report, the levels of the surplus in the budget for This Act may be cited as the ‘‘Social Secu- each fiscal year set forth in such resolution rity and Medicare Lock-Box Act of 2002’’. would cause the surplus for any fiscal year and of the surplus or deficit in the Federal SEC. 2. FINDINGS AND PURPOSE. covered by the most recently agreed to con- current resolution on the budget to be less Hospital Insurance Trust Fund, calculated (a) FINDINGS.—The Congress finds that— than the surplus of the Federal Hospital In- using the assumptions set forth in sub- (1) fiscal pressures will mount as an aging surance Trust Fund for that fiscal year. section (b)(2)(A). population increases the Government’s obli- ‘‘(B) EXCEPTION.—Subparagraph (A) shall ‘‘(d) DEFINITIONS.—As used in this section: gations to provide retirement income and not apply to social security reform legisla- ‘‘(1) The term ‘medicare reform legislation’ health services; tion or medicare reform legislation. means a bill or a joint resolution to save (2) social security and medicare hospital Medicare that includes a provision stating ‘‘(b) ENFORCEMENT.— insurance surpluses should be used to reduce the following: ‘For purposes of section 316(a) ‘‘(1) BUDGETARY LEVELS WITH RESPECT TO the debt held by the public until legislation of the Congressional Budget Act of 1974, this CONCURRENT RESOLUTIONS ON THE BUDGET.— is enacted that reforms social security and For purposes of enforcing any point of order Act constitutes medicare reform legisla- medicare; under subsection (a)(1), the surplus for any tion.’. (3) preserving the social security and medi- fiscal year shall be— ‘‘2) The term ‘social security reform legis- care hospital insurance surpluses would re- ‘‘(A) the levels set forth in the later of the lation’ means a bill or a joint resolution to store confidence in the long-term financial concurrent resolution on the budget, as re- save social security that includes a provision integrity of social security and medicare; ported, or in the conference report on the stating the following: ‘For purposes of sec- and concurrent resolution on the budget; and tion 316(a) of the Congressional Budget Act (4) strengthening the Government’s fiscal ‘‘(B) adjusted to the maximum extent al- of 1974, this Act constitutes social security position through debt reduction would in- lowable under all procedures that allow reform legislation.’. crease national savings, promote economic ‘‘(e) WAIVER AND APPEAL.—Subsection (a) budgetary aggregates to be adjusted for leg- growth, and reduce its interest payments. may be waived or suspended in the Senate islation that would cause a decrease in the (b) PURPOSE.—It is the purpose of this Act only by an affirmative vote of three-fifths of surplus for any fiscal year covered by the to— the Members, duly chosen and sworn. An af- concurrent resolution on the budget (other (1) prevent the surpluses of the social secu- firmative vote of three-fifths of the Members than procedures described in paragraph rity and medicare hospital insurance trust of the Senate, duly chosen and sworn, shall (2)(A)(ii)). funds from being used for any purpose other be required in the Senate to sustain an ap- ‘‘(2) CURRENT LEVELS WITH RESPECT TO than providing retirement and health secu- peal of the ruling of the Chair on a point of SPENDING AND TAX LEGISLATION.— rity; and order raised under this section. ‘‘(A) IN GENERAL.—For purposes of enforc- (2) use such surpluses to pay down the na- ‘‘(f) EFFECTIVE DATE.—This section shall ing subsection (a)(2), the current levels of tional debt until such time as medicare and cease to have any force or effect upon the en- the surplus for any fiscal year shall be— actment of social security reform legislation social security reform legislation is enacted. ‘‘(i) calculated using the following and medicare reform legislation.’’. SEC. 3. PROTECTION OF SOCIAL SECURITY AND assumptions— (b) CONFORMING AMENDMENT.—The item re- MEDICARE SURPLUSES. ‘‘(I) direct spending and revenue levels at lating to section 316 in the table of contents (a) PROTECTION OF SOCIAL SECURITY AND the baseline levels underlying the most re- set forth in section 1(b) of the Congressional MEDICARE SURPLUSES.—Title III of the Con- cently agreed to concurrent resolution on Budget and Impoundment Control act of 1974 gressional Budget Act of 1974 is amended by the budget; and is amended to read as follows: adding at the end the following new section: ‘‘(II) for the budget year, discretionary ‘‘LOCK-BOX FOR SOCIAL SECURITY AND spending levels at current law levels and, for ‘‘Sec. 316. Lock-box for social security and HOSPITAL INSURANCE SURPLUSES outyears, discretionary spending levels at hospital insurance surpluses.’’. SEC. 4. PRESIDENTS’ BUDGET. ‘‘SEC. 316. (a) LOCK-BOX FOR SOCIAL SECU- the baseline levels underlying the most re- (a) PROTECTION OF SOCIAL SECURITY AND RITY AND HOSPITAL INSURANCE SURPLUSES— cently agreed to concurrent resolution on MEDICARE SURPLUSES.—If the budget of the ‘‘(1) CONCURRENT RESOLUTIONS ON THE the budget; and United States Government submitted by the BUDGET— ‘‘(ii) adjusted for changes in the surplus President under section 1105(a) of title 31, ‘‘(A) IN GENERAL.—It shall not be in order levels set forth in the most recently agreed in the House of Representatives or the Sen- to concurrent resolution on the budget pur- United States Code, recommends an on-budg- ate to consider any concurrent resolution on suant to procedures in such resolution that et surplus for any fiscal year that is less the budget, or an amendment thereto or con- authorize adjustments in budgetary aggre- than the surplus of the Federal Hospital In- ference report thereon, that would set forth gates for updated economic and technical as- surance Trust Fund for that fiscal year, then a surplus for any fiscal year that is less than sumptions in the mid-session report of the it shall include a detailed proposal for social the surplus of the Federal Hospital Insurance Director of the Congressional Budget Office. security reform legislation or medicare re- Trust Fund for that fiscal year. Such revisions shall be included in the first form legislation. (b) EFFECTIVE DATE.—Subsection (a) shall ‘‘(B) EXCEPTION.—(i) Subparagraph (A) current level report on the congressional cease to have any force or effect upon the en- shall not apply to the extent that a violation budget submitted for publication in the Con- actment of social security reform legislation of such subparagraph would result from an gressional Record after the release of such and medicare reform legislation as defined assumption in the resolution, amendment, or mid-session report. by section 316(d) of the Congressional Budget conference report, as applicable, of an in- ‘‘(B) BUDGETARY TREATMENT.—Outlays (or Act of 1974. crease in outlays or a decrease in revenue receipts) for any fiscal year resulting from relative to the baseline underlying that reso- social security or medicare reform legisla- Mr. HASTINGS of Washington. Mr. lution for social security reform legislation tion in excess of the amount of outlays (or Speaker, I encourage Members to vote

VerDate 11-MAY-2000 01:06 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.028 pfrm01 PsN: H06PT1 H154 CONGRESSIONAL RECORD — HOUSE February 6, 2002 ‘‘yes’’ on the previous question and on Shays Sweeney Walsh Messrs. MEEHAN, MCINTYRE, Sherwood Tancredo Wamp the rule. Shimkus Tauzin Watkins (OK) REYES, OWENS, GORDON and LIPIN- Mr. Speaker, I yield back the balance Shuster Taylor (NC) Watts (OK) SKI changed their vote from ‘‘yea’’ to of my time, and I move the previous Simmons Terry Weldon (FL) ‘‘nay.’’ question on the resolution. Simpson Thomas Weldon (PA) So the previous question was ordered. Skeen Thornberry Weller The SPEAKER pro tempore (Mr. Smith (MI) Thune Whitfield The result of the vote was announced WHITFIELD). The question is on order- Smith (NJ) Tiahrt Wicker as above recorded. ing the previous question. Smith (TX) Tiberi Wilson (NM) Mr. STUPAK. Mr. Speaker, I ask Souder Toomey Wilson (SC) The question was taken; and the Stearns Upton Wolf unanimous consent that the House Speaker pro tempore announced that Stump Vitter Young (FL) RECORD reflect that I was unavoidably the ayes appeared to have it. Sununu Walden delayed on rollcall No. 8. Had I been Mr. HASTINGS of Florida. Mr. NAYS—204 present, I would have voted ‘‘no.’’ Speaker, I object to the vote on the Abercrombie Gutierrez Murtha The SPEAKER pro tempore (Mr. ground that a quorum is not present Ackerman Hall (OH) Nadler WHITFIELD). The question is on the res- and make the point of order that a Allen Hall (TX) Napolitano olution. Andrews Harman Neal The resolution was agreed to. quorum is not present. Baca Hastings (FL) Oberstar The SPEAKER pro tempore. Evi- Baird Hill Obey A motion to reconsider was laid on dently a quorum is not present. Baldacci Hilliard Olver the table. Baldwin Hinchey Ortiz The Sergeant at Arms will notify ab- Barcia Hinojosa Owens f sent Members. Barrett Hoeffel Pallone TECHNICAL CORRECTION OF Pursuant to clause 8 of rule XX, the Becerra Holden Pascrell Bentsen Holt Pastor ERROR IN THE CODIFICATION OF Chair will reduce to 5 minutes the min- Berkley Honda Payne TITLE 36 imum time for electronic voting, if or- Berman Hooley Pelosi dered, on the question of adoption of Berry Inslee Peterson (MN) The SPEAKER pro tempore. The un- Bishop Israel Phelps finished business is the question of sus- the resolution, and then on the motion Blumenauer Jackson (IL) Pomeroy to suspend the rules on S. 1888 post- Bonior Jackson-Lee Price (NC) pending the rules and passing the Sen- poned from yesterday. Borski (TX) Rahall ate bill, S. 1888. The vote was taken by electronic de- Boswell Jefferson Rangel The Clerk read the title of the Senate Boucher John Reyes bill. vice, and there were—yeas 212, nays Boyd Johnson, E. B. Rivers 204, not voting 19, as follows: Brady (PA) Jones (OH) Rodriguez The SPEAKER pro tempore. The Brown (FL) Kanjorski Roemer question is on the motion offered by [Roll No. 8] Brown (OH) Kaptur Ross the gentleman from Wisconsin (Mr. YEAS—212 Capps Kennedy (RI) Rothman Capuano Kildee Roybal-Allard SENSENBRENNER) that the House sus- Aderholt Flake Latham Cardin Kilpatrick Rush pend the rules and pass the Senate bill, Akin Fletcher LaTourette Carson (IN) Kind (WI) Sabo Armey Foley Leach S. 1888, on which the yeas and nays are Carson (OK) Kleczka Sanchez Bachus Forbes Lewis (CA) ordered. Clay Kucinich Sanders Baker Fossella Lewis (KY) Clayton LaFalce Sandlin This is a 5-minute vote. Ballenger Gallegly Linder Clement Lampson Sawyer The vote was taken by electronic de- Barr Ganske LoBiondo Clyburn Langevin Schakowsky Bartlett Gekas Lucas (OK) vice, and there were—yeas 413, nays 0, Condit Lantos Schiff Barton Gibbons Manzullo Conyers Larsen (WA) Scott not voting 22, as follows: Bass Gilchrest McCrery Costello Larson (CT) Serrano [Roll No. 9] Bereuter Gillmor McHugh Coyne Lee Sherman Biggert Gilman McInnis YEAS—413 Cramer Levin Shows Bilirakis Goode McKeon Crowley Lewis (GA) Skelton Abercrombie Brown (SC) DeFazio Blunt Goodlatte Mica Cummings Lipinski Smith (WA) Ackerman Bryant DeGette Boehlert Goss Miller, Dan Davis (CA) Lofgren Snyder Aderholt Burr Delahunt Boehner Graham Miller, Gary Davis (FL) Lowey Solis Akin Burton DeLauro Bonilla Granger Miller, Jeff Davis (IL) Lucas (KY) Spratt Allen Buyer DeLay Boozman Graves Moran (KS) DeFazio Lynch Stark Andrews Callahan DeMint Brady (TX) Green (WI) Morella DeGette Maloney (CT) Stenholm Armey Calvert Deutsch Brown (SC) Greenwood Myrick Delahunt Maloney (NY) Strickland Baca Camp Diaz-Balart Bryant Grucci Nethercutt DeLauro Markey Tanner Bachus Cannon Dicks Burr Gutknecht Ney Deutsch Mascara Tauscher Baird Cantor Dingell Burton Hansen Northup Dicks Matheson Taylor (MS) Baker Capito Doggett Buyer Hart Norwood Dingell Matsui Thompson (CA) Baldacci Capps Dooley Callahan Hastings (WA) Nussle Doggett McCarthy (MO) Thompson (MS) Baldwin Capuano Doolittle Calvert Hayes Osborne Dooley McCarthy (NY) Thurman Ballenger Cardin Doyle Camp Hayworth Ose Doyle McCollum Tierney Barcia Carson (IN) Dreier Cannon Hefley Otter Edwards McGovern Towns Barr Carson (OK) Duncan Cantor Herger Paul Engel McIntyre Turner Barrett Castle Dunn Capito Hilleary Pence Eshoo McKinney Udall (CO) Bartlett Chabot Edwards Castle Hobson Peterson (PA) Etheridge McNulty Udall (NM) Barton Chambliss Ehlers Chabot Hoekstra Petri Evans Meehan Velazquez Bass Clay Ehrlich Chambliss Horn Pickering Farr Meek (FL) Visclosky Becerra Clayton Emerson Coble Hostettler Pitts Fattah Meeks (NY) Waters Bentsen Clement Engel Collins Houghton Platts Filner Menendez Watson (CA) Bereuter Clyburn English Combest Hulshof Pombo Ford Millender- Watt (NC) Berkley Coble Eshoo Cox Hunter Portman Frank McDonald Waxman Berman Collins Etheridge Crane Hyde Pryce (OH) Frost Miller, George Weiner Berry Combest Evans Crenshaw Isakson Putnam Gephardt Mink Wexler Biggert Condit Everett Culberson Issa Quinn Gonzalez Mollohan Woolsey Bilirakis Conyers Farr Cunningham Istook Radanovich Gordon Moore Wu Bishop Costello Fattah Davis, Jo Ann Jenkins Ramstad Green (TX) Moran (VA) Blumenauer Cox Ferguson Davis, Tom Johnson (CT) Regula Blunt Coyne Filner Deal Johnson (IL) Rehberg NOT VOTING—19 Boehlert Cramer Flake DeLay Johnson, Sam Reynolds Blagojevich Luther Slaughter Boehner Crane Fletcher DeMint Jones (NC) Rogers (KY) Bono McDermott Stupak Bonilla Crenshaw Foley Diaz-Balart Keller Rogers (MI) Cooksey Oxley Traficant Bonior Crowley Forbes Doolittle Kelly Rohrabacher Cubin Riley Wynn Boozman Culberson Ford Dreier Kennedy (MN) Ros-Lehtinen Frelinghuysen Roukema Young (AK) Borski Cummings Fossella Duncan Kerns Royce Hastert Ryan (WI) Boswell Cunningham Frank Dunn King (NY) Ryun (KS) Hoyer Shaw Boucher Davis (CA) Frost Ehlers Kingston Saxton Boyd Davis (FL) Gallegly Ehrlich Kirk Schaffer Brady (PA) Davis (IL) Ganske Emerson Knollenberg Schrock b 1157 Brady (TX) Davis, Jo Ann Gekas English Kolbe Sensenbrenner Ms. SANCHEZ, Mrs. MEEK of Flor- Brown (FL) Davis, Tom Gephardt Everett LaHood Sessions Brown (OH) Deal Gibbons Ferguson Largent Shadegg ida, Ms. BROWN of Florida, and

VerDate 11-MAY-2000 01:06 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.029 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H155 Gilchrest Linder Rohrabacher Hoyer Roukema Velazquez tisan majority in Congress, should not be Gillmor Lipinski Ros-Lehtinen Lampson Ryan (WI) Wamp suspended or repealed; Gilman LoBiondo Ross Luther Shaw Wynn (2) suspending, repealing or delaying provi- Rothman McDermott Sherman Young (AK) Gonzalez Lofgren sions of the Economic Growth and Tax Relief Goode Lowey Roybal-Allard Oxley Slaughter Goodlatte Lucas (KY) Royce Riley Traficant Reconciliation Act of 2001 is a tax increase; Gordon Lucas (OK) Rush (3) increasing taxes in the midst of a reces- Goss Lynch Ryun (KS) b 1208 sion would not be helpful to the Nation’s Graham Maloney (CT) Sabo So (two-thirds having voted in favor economy or American workers; and Granger Maloney (NY) Sanchez (4) instead of increasing taxes, Congress Graves Manzullo Sanders thereof) the rules were suspended and should be working with the President to pro- Sandlin Green (TX) Markey the Senate bill was passed. mote long-term economic growth through a Green (WI) Mascara Sawyer The result of the vote was announced Greenwood Matheson Saxton fair tax code that puts the least possible bur- Grucci Matsui Schaffer as above recorded. den on taxpayers. Gutierrez McCarthy (MO) Schakowsky A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- Gutknecht McCarthy (NY) Schiff the table. Hall (OH) McCollum Schrock ant to the rule, the gentleman from Il- Hall (TX) McCrery Scott f linois (Mr. WELLER) and the gentleman Hansen McGovern Sensenbrenner from New York (Mr. RANGEL) each will ANNOUNCEMENT BY THE SPEAKER Harman McHugh Serrano control 20 minutes. Hart McInnis Sessions PRO TEMPORE Hastings (FL) McIntyre Shadegg The Chair recognizes the gentleman Hastings (WA) McKeon Shays The SPEAKER pro tempore (Mr. from Illinois (Mr. WELLER). Hayes McKinney Sherwood WHITFIELD). Pursuant to clause 8, rule Mr. WELLER. Mr. Speaker, I yield Hayworth McNulty Shimkus XX, the Chair will postpone further Hefley Meehan Shows myself such time as I may consume. Herger Meek (FL) Shuster proceedings today on certain motions Mr. Speaker, today our House of Rep- Hill Meeks (NY) Simmons to suspend the rules on which a re- resentatives has the opportunity to Hilleary Menendez Simpson corded vote or the yeas and nays are speak very clearly on whether or not Hilliard Mica Skeen Hinchey Millender- Skelton ordered, or on which the vote is ob- we should continue to lower taxes for Hinojosa McDonald Smith (MI) jected to under clause 6, rule XX. American workers or to raise taxes on Hobson Miller, Dan Smith (NJ) Record votes may be taken in two American workers. Hoeffel Miller, Gary Smith (TX) groups, the first occurring after debate The war on terrorism, homeland se- Hoekstra Miller, George Smith (WA) Holden Miller, Jeff Snyder has concluded on House Concurrent curity, and economic recession has Holt Mink Solis Resolution 312, and the second fol- caused a fiscal deficit in our budget. Honda Mollohan Souder lowing the remainder of legislative Some are now calling for repeal of the Hooley Moore Spratt Horn Moran (KS) Stark business today. Economic Growth and Tax Relief Rec- Hostettler Moran (VA) Stearns f onciliation Act, something commonly Houghton Morella Stenholm know as the Bush tax cut, and they Hulshof Murtha Strickland EXPRESSING SENSE OF HOUSE argue that higher taxes will give Wash- Hunter Myrick Stump THAT SCHEDULED TAX RELIEF Hyde Nadler Stupak ington more money to spend here in Inslee Napolitano Sununu SHOULD NOT BE SUSPENDED OR Washington. So today before us we Isakson Neal Sweeney REPEALED have a choice: higher taxes or getting Israel Nethercutt Tancredo Issa Ney Tanner Mr. WELLER. Mr. Speaker, I move to the economy moving again. Istook Northup Tauscher suspend the rules and agree to the con- Let us remember at the beginning of Jackson (IL) Norwood Tauzin current resolution (H. Con. Res. 312) ex- last year: when President Bush became Jackson-Lee Nussle Taylor (MS) pressing the sense of the House of Rep- President, he inherited a weakening (TX) Oberstar Taylor (NC) Jefferson Obey Terry resentatives that the scheduled tax re- economy. The President proposed tak- Jenkins Olver Thomas lief provided for by the Economic ing 20 percent of the budget surplus re- John Ortiz Thompson (CA) Growth and Tax Relief Reconciliation sulting from our Congress’ fiscal re- Johnson (CT) Osborne Thompson (MS) Johnson (IL) Ose Thornberry Act of 2001 passed by a bipartisan ma- sponsibility and giving it back to the Johnson, E. B. Otter Thune jority in Congress should not be sus- American worker so they could spend Johnson, Sam Owens Thurman pended or repealed. it at home for their own families. Jones (NC) Pallone Tiahrt The Clerk read as follows: We passed the President’s tax cut in Jones (OH) Pascrell Tiberi Kanjorski Pastor Tierney H. CON. RES. 312 June, it was signed into law, and the Kaptur Paul Toomey Whereas on June 7, 2001, President Bush President succeeded in lowering rates Towns Keller Payne signed into law the Economic Growth and for small business and entrepreneurs, Kelly Pelosi Turner Kennedy (MN) Pence Udall (CO) Tax Relief Reconciliation Act of 2001, which the engines of economic growth. We Kennedy (RI) Peterson (MN) Udall (NM) provides millions of taxpayers with the larg- wiped out the marriage tax penalty, we Kerns Peterson (PA) Upton est tax relief since 1981; wiped out the death tax, we increased Kildee Petri Visclosky Whereas all Americans who pay Federal in- opportunities for retirement savings, Kilpatrick Phelps Vitter come taxes will benefit from the Act, which and we doubled the child tax credit. Kind (WI) Pickering Walden includes across-the-board income tax reduc- Walsh King (NY) Pitts tions, reduction of the marriage penalty, And our tax cut was working. Econo- Kingston Platts Waters mists were telling us in late August Kirk Pombo Watkins (OK) elimination of the death tax, tax rebate Kleczka Pomeroy Watson (CA) checks, doubling of the per-child tax credit, and by Labor Day that the economy Knollenberg Portman Watt (NC) increasing tax-free contributions to Indi- was beginning to recover. Kolbe Price (NC) Watts (OK) vidual Retirement Accounts and a broad Then the tragedy of September 11 oc- Kucinich Pryce (OH) Waxman range of other beneficial provisions; curred, a terrorist attack that cost LaFalce Putnam Weiner Whereas the Act was passed by a bipar- Weldon (FL) thousands of Americans their lives and LaHood Quinn tisan majority in Congress of 211 House Re- Langevin Radanovich Weldon (PA) caused a psychological blow to the con- publicans, 28 House Democrats, 1 House Inde- Lantos Rahall Weller fidence of business investors as well as Largent Ramstad Wexler pendent, 46 Senate Republicans and 12 Sen- Larsen (WA) Rangel Whitfield ate Democrats, making the Act an impor- consumers. Today we have seen as a re- Larson (CT) Regula Wicker tant bipartisan achievement; and sult of that terrorist attack on our Latham Rehberg Wilson (NM) Whereas several Members of Congress have economy that over 1 million Americans LaTourette Reyes Wilson (SC) recently called for repealing or delaying tax have lost their jobs. Wolf Leach Reynolds relief provisions of the Economic Growth and Lee Rivers Woolsey Mr. Speaker, today we are at war Levin Rodriguez Wu Tax Relief Reconciliation Act of 2001: Now, against terrorism, we are building our Lewis (CA) Roemer Young (FL) therefore, be it homeland security, and we are in an Lewis (GA) Rogers (KY) Resolved by the House of Representatives (the economic recession. We must get this Lewis (KY) Rogers (MI) Senate concurring), That it is the sense of the House of Representatives that— economy moving again. We must cre- NOT VOTING—22 (1) the scheduled tax relief provided for by ate jobs for those who lack work. Blagojevich Cooksey Frelinghuysen the Economic Growth and Tax Relief Rec- Today, no real-world economists Bono Cubin Hastert onciliation Act of 2001, passed by a bipar- have called for a tax increase in time

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.003 pfrm01 PsN: H06PT1 H156 CONGRESSIONAL RECORD — HOUSE February 6, 2002 of recession. They point out that tax been promising the American people, because I think it shows a very clear increases hurt our economy and that the baby boomers, that the trust funds contrast in what we are about in this tax increases take money out of the would only be used to strengthen So- House. pockets of America’s workers and con- cial Security and pay down the na- He talks about honesty and keeping sumers, making it harder for them to tional debt. In fact, the Republican promises. I take those things very seri- meet the needs of their families. We leadership insisted many times on ously, and I take my own integrity must keep spending under control, and bringing lockbox bills to the floor. Now very seriously. There has been an his- true fiscal responsibility is keeping we know that they were not serious toric reversal, as the minority leader spending under control. Fiscal respon- about those bills. They were ploys. says. That historic reversal is that we sibility is not increasing taxes. They were ruses. And the votes that are in a recession and that America has This House has the opportunity to go were taken were not serious, and they been attacked, and we are at war. on the record for higher taxes, or to were not honest. I believe there are two things this maintain the Bush plan to lower taxes, We have had an historic reversal. In- country must do now. We have to win which will be implemented over the stead of talking about surpluses for as the war on terrorism, and we have to rest of this decade. Repealing the Bush far as the eye can see, now we are create jobs. I think we are united, we tax cut is a tax increase. Vote ‘‘aye’’ to again talking about deficits for as far are together on the first, and we are re- not impose higher taxes and to keep as the eye can see. Instead of shoring solved we are going to win this war on the Bush tax cut in place. up Social Security and Medicare, we terrorism, and we will spend what it Mr. Speaker, I reserve the balance of are facing a situation where the trust takes to win it. But the worst thing we my time. fund will be tapped for other functions could do in a recession is to raise taxes. Mr. RANGEL. Mr. Speaker, I yield of government. Instead of preparing for All of those little small businesses out myself such time as I may consume. the baby boomers and their retirement, there who are worrying about whether Mr. Speaker, I am going to be trying instead of adding a prescription drug they are going to have to lay off more to find out where this resolution came program to Medicare, we are faced with people because they cannot make the from. I will be asking the gentleman a debate about saving Social Security rent payment on their shop this month from Illinois (Mr. WELLER), I will be without resources and how to dig our- need the reassurance that we are with asking the chairman of the Committee selves out of the deficit ditch. The Re- them, that we understand, that we are on Ways and Means. I sit on this com- publican slogan seems to be: Save So- not going to raise their taxes. mittee. I am proud to be a member of cial Security last, not first. Most of this tax relief that is going this committee. This resolution has a simple purpose. to be phasing in is for middle-income Mr. Speaker, this concerns tax pol- It is to hide the fact that Republicans Americans and particularly for fami- icy. This bill should not be coming out are breaking their promises, going lies. We eliminate the marriage pen- of the Committee on Rules, and it back on their commitments. This is an alty and, as a result, 43 million Ameri- should have had a hearing and we effort to change the subject. The Amer- cans are not going to be paying more should have had input in it. That has ican people should not and will not be just because they are married. It is not happened, and in these 40 minutes fooled by this transparent ploy, and about time that we started honoring I am going to try to find out how this they should be reminded that the prob- marriage in this country and stop tax- political resolution reached the floor. lem is that we are operating under a ing it. Mr. Speaker, I am pleased and hon- Republican economic policy and Re- When the President of the United ored to yield 2 minutes to the gen- publican budget priorities. States came to New Mexico in August, tleman from Missouri (Mr. GEPHARDT), We need to invest in people. We need he went with me to Griegos Elemen- our distinguished minority leader. to pass tax cuts that promote long- tary School in the north valley of Al- (Mr. GEPHARDT asked and was term economic growth and oppor- buquerque, New Mexico, and as we were given permission to revise and extend tunity, and we need to keep our com- going down this little lane to get there, his remarks.) mitments to the baby boomers who there was a sheet hung on a fence and Mr. GEPHARDT. Mr. Speaker, I urge paid their money responsibly into the in handwritten letters it said, Mr. Members to vote ‘‘no’’ on this resolu- Social Security Trust Fund. That is President, thank you for my new bed. tion. I am disappointed that the major- our challenge, and that is what the It cost $300. ity prevented us from offering a bill American people want us to do. That is Maybe $1,700 in the pocket of an that would protect Social Security what we need to do this year, and we American family is not a whole lot in from further raids on the trust fund. should do it together, not in a partisan Washington terms, but it is in New This is not a vote about taxes; it is a manner. Mexico terms. It is a lot for a New vote about protecting Social Security. Mr. Speaker, let us get about doing Mexico family. I think we should let It is about honoring our commitments what we need to make the budget them keep their own money and give to the American people who have paid whole and to invest in the priorities small businesses the confidence to be their hard-earned dollars into the So- that the American people want us to be able to hire workers this next year and cial Security trust fund. It is about en- investing in. This resolution is non- create jobs and not abandon them in suring security and retirement for sense. Let us get about saving Social their time of need. every citizen. Security first. Mr. RANGEL. Mr. Speaker, I yield 1 The resolution before us has no bind- Mr. WELLER. Mr. Speaker, before I minute to the gentleman from Texas ing effect. It is an effort to divert at- yield some time here, I yield myself (Mr. STENHOLM), a voice that is re- tention from Republican mismanage- such time as I may consume to remind spected on both sides of the aisle. ment of the budget. Less than one year my good friends on the other side of (Mr. STENHOLM asked and was after passage of the Republican tax the aisle that we are at war against given permission to revise and extend bill, an economic plan, more than $4 terrorism, that we are in an economic his remarks.) trillion of the surplus has miraculously recession, and that a ‘‘no’’ vote on this Mr. STENHOLM. Mr. Speaker, this is vanished, wiped out, gone, finished; and resolution is a vote for a tax increase an amazing debate. In listening to the the Social Security trust fund will be during an economic recession. gentlewoman from New Mexico talking attacked every year for the next 10 Mr. Speaker, it is a pleasure to yield about the recession, surely she does years. 2 minutes to the gentlewoman from not mean that the economic game plan One might say, what is happening, New Mexico (Mrs. WILSON), a leader in that was voted in last year is going to what is going on? Both parties repeat- the effort to help working families in last us in a recession until 2004 or 2005. edly voted to safeguard the trust funds. her home State of New Mexico. That is when the next part of the tax Mrs. WILSON of New Mexico. Mr. cuts that everybody is talking about is b 1215 Speaker, I thank the gentleman from going to kick in. I believe we are going We voted for lockboxes. We said that Illinois. I have revised a little bit of to be out of the recession before then, they would be inviolate, that they what I will say based on what we have but obviously, the gentlewoman be- could not be picked. For years we have just heard from the minority leader, lieves that we are not.

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.039 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H157 What we are talking about today is, Mr. STENHOLM. Mr. Speaker, it The SPEAKER pro tempore. The gen- are we going to borrow $1.6 trillion of does not take effect until 2004. The tleman from Alabama is recognized. Social Security Trust Funds in order logic that the gentleman from Illinois Mr. BACHUS. Mr. Speaker, I hope my to finance an economic game plan that is following today, that means that he time will be extended. this side still thinks is a good one. I do voted for the largest single tax in- The SPEAKER pro tempore. The gen- not understand the logic there. crease in history in 2010 when the bill tleman’s time will not be curtailed by I do not care how many times the the gentleman voted for last year ex- the interruption. gentleman from Illinois (Mr. WELLER) pires. The gentleman voted for the big- Mr. BACHUS. Mr. Speaker, President stands on the floor and says we are gest tax raise in history. That is what Bush’s historic tax cut was a bipar- raising taxes; no one on this side is he did by his own logic. I do not under- tisan achievement. Only three times raising taxes. In fact, I voted for more stand that logic. since World War II have we had an of a tax cut last year for the economy Mr. WELLER. Mr. Speaker, it is my across-the-board tax cut. The first one than the gentleman did. I did. pleasure to yield 5 minutes to the gen- was in 1960 under President Kennedy, Mr. WELLER. Mr. Speaker, will the tleman from Alabama (Mr. BACHUS), a then under President Reagan in 1980, gentleman yield? real leader in helping bring jobs back and finally, last fall, under President Mr. STENHOLM. I yield to the gen- to the great State of Alabama, as some Bush. Yes, people are talking about de- tleman from Illinois. of the American workers have been laid laying that. People are talking about Mr. WELLER. Mr. Speaker, I seem to off by the terrorist attacks of Sep- postponing that. This is a joint resolu- recall a few years ago, my friends on tember 11. tion. Hopefully, the Members will sup- the other side of the aisle, when we Mr. BACHUS. Mr. Speaker, we made port those tax cuts we gave, and among talked. them are marriage penalty relief, the The SPEAKER pro tempore (Mr. a commitment to the American people to give them tax relief. Let us honor elimination of the death tax, and SIMPSON). The gentleman’s time has that commitment. The American peo- across-the-board income tax cuts. We expired. left no one out. We doubled the per- Mr. STENHOLM. Mr. Speaker, would ple should get the tax cuts that they have been promised. We should not child tax credit. the gentleman from Illinois (Mr. Hopefully, we will all stand up and be postpone them, we should not delay WELLER) yield 30 seconds additional to recorded, because the American people them. We are all going to have an op- me so that we can continue? deserve to know where each and every Mr. WELLER. Mr. Speaker, we have portunity in a few minutes to affirm Member of this House and this Senate additional speakers. those tax cuts. The gentleman from stands. They deserve a recorded vote. Mr. STENHOLM. Mr. Speaker, I Texas says no one in this body has pro- I say this: This resolution is plain yielded to the gentleman. Will the gen- posed delaying them, no one has pro- and simple. It affirms our support for tleman give me 30 seconds so that we posed postponing them. We will get an the tax cut. It says that it should not can continue whatever point the gen- opportunity to vote, yes or no. I say be repealed or delayed. If my col- tleman was wanting to make? the American people should get the tax leagues want to repeal them, if they Mr. WELLER. Mr. Speaker, I will relief they need. want to delay them, if they want to yield myself some time. Now, the gentleman from New York raise taxes, vote against the resolu- Mr. RANGEL. I cannot believe this, who is rising said, tax matters are be- tion. Mr. Speaker. fore the Committee on Ways and The second thing, we have to revi- Mr. WELLER. Mr. Speaker, I will Means. They ought to have jurisdiction talize our economy. Now, there has yield myself some time. in that. They ought to have an interest been a lot of talk about Social Secu- Mr. RANGEL. To yield to the gen- in that. They ought to decide that. rity. Well, let me state this: The best tleman from Texas. The gentleman Mr. RANGEL. Mr. Speaker, par- way to ensure and to protect Social Se- from Illinois (Mr. WELLER) asked the liamentary inquiry. curity, which we all want, is to stimu- gentleman to yield for a question. Mr. BACHUS. Mr. Speaker, I say that The SPEAKER pro tempore. The gen- late our economy. OMB Director Mitch the Congress ought to decide. Daniels said to the Committee on the tleman’s time has expired. Mr. RANGEL. Mr. Speaker, par- Mr. RANGEL. Mr. Speaker, I yield 30 Budget, the best way to protect the liamentary inquiry. baby boomer generation and Social Se- seconds to the gentleman from Texas The SPEAKER pro tempore. Does the (Mr. STENHOLM) to use himself, since curity retirement is economic growth. gentleman from Alabama yield for a We have to get the economy going. he was courteous enough to yield to parliamentary inquiry? the gentleman from Illinois (Mr. Couple that with Social Security sys- Mr. BACHUS. No, Mr. Speaker. tem reforms. If we are serious about WELLER), but I will give him 30 seconds The SPEAKER pro tempore. The gen- to see whether or not the gentleman Social Security, let us reform Social tleman does not yield. Security. Let us get the economy grow- would like to respond, to get a response Mr. RANGEL. Mr. Speaker, I cannot to his question. ing. read the chart that is there. We have had lost 800,000 jobs in the The SPEAKER pro tempore. The gen- Mr. BACHUS. Now, Mr. Speaker, the tleman from Texas (Mr. STENHOLM) is last 4 months because we had not passage of President Bush’s tax cut. passed an economic stimulus plan. recognized for an additional 30 seconds. The SPEAKER pro tempore. The gen- Mr. STENHOLM. Mr. Speaker, I yield Now, some in Congress have tried to tleman from Alabama has the time. to the gentleman from Illinois (Mr. maneuver and scheme for political ad- Mr. BACHUS. Mr. Speaker, the pas- WELLER). vantage by blaming the President’s tax Mr. WELLER. Mr. Speaker, I will sage of President Bush’s tax cut was an relief plan for the deficit and recession. make my question quick. historic bipartisan achievement. I am glad that the gentleman from A few years ago my friends on the PARLIAMENTARY INQUIRY Texas finally acknowledged that the other side of the aisle said when we Mr. RANGEL. Parliamentary in- tax cuts had nothing to do with defi- wanted to slow the rate of growth and quiry, Mr. Speaker. cits. Those that say they do are not increase some funding for Medicare, The SPEAKER pro tempore. The gen- telling the truth. These tax supporters that was called a cut. So the same defi- tleman will suspend. try to sell the myth that we must in- nition would apply. If the gentleman Mr. WELLER. Regular order, Mr. crease taxes just 6 months after we wants to repeal the Bush tax cut, that Speaker. started giving Americans rebate is a tax increase. Mr. RANGEL. Mr. Speaker, do I have checks. The ink on this new tax relief Mr. STENHOLM. Mr. Speaker, re- to get permission from the gentleman bill is hardly dry, and now people are claiming my time, no one is talking in the well to make a parliamentary talking about repealing it. about repealing anything that has gone inquiry of the Speaker, of the Chair? Mr. RANGEL. Mr. Speaker, would into effect. No one. The gentleman The SPEAKER pro tempore. While the gentleman yield? keeps saying this is a tax increase. that gentleman is under recognition, Mr. BACHUS. They would like to Mr. WELLER. Mr. Speaker, the Bush yes. delay or postpone it. tax cut is already law, so it is already Mr. RANGEL. I thank the Speaker. I Mr. RANGEL. Mr. Speaker, would in effect. apologize. the gentleman yield?

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.042 pfrm01 PsN: H06PT1 H158 CONGRESSIONAL RECORD — HOUSE February 6, 2002 Mr. BACHUS. I will yield on the gen- Mr. TANNER. Mr. Speaker, I came stead they nitpick things. It is like tleman’s time. here and asked the people in Tennessee getting a great novel like ‘‘War and Mr. RANGEL. Mr. Speaker, I was just to send me here in 1988 because I knew Peace’’ and saying I just did not like wondering if the gentleman has charts from my business and personal life that the novel because there is a grammat- to pass out, because while those charts this country, not my business, not me ical error on page 352. I just could not are good for television, we cannot read personally and my wife could continue accept it. It is like not liking the them. to borrow money every year, which is Superbowl because New England called Mr. BACHUS. Well, this is from CBO, what we were doing then and pile up the wrong play in the third quarter. I and what it says is that 87 percent of more and more debt without jeopard- just could not possibly support them. the deficit is because of the economic izing the future of this country. It is that kind of mad-at-the-world, conditions are spending, spending, only Now, here we are in 2002. Everybody sour puss, liberal approach to issues; 13 percent as a result of tax relief. knows from the budget presented yes- and it is always the nitpicking. Just Mr. RANGEL. Mr. Speaker, does it terday that the country has physically come out and say, I am a liberal. As a say where that information came from? deteriorated in a breathtaking way in liberal I like to spend money. I like the Mr. BACHUS. From CBO, Congres- the last year. We do not have the government to grow. And I want con- sional Budget Office. money that we thought we were going trol of people from cradle to grave be- Mr. RANGEL. I see. Does the gen- to have, that we were told we were cause that creates government depend- tleman have the date on that? going to have last year. And now we ency. And when the government con- Mr. BACHUS. Yes. I will be glad to are in a position as the budget was pre- trols you and you are dependent on the supply the gentleman with all of that sented by the Secretary of the Treas- government, you have to keep coming information. ury to committee yesterday to be in back to Washington year after year The SPEAKER pro tempore. The gen- the next 10 years never in a surplus po- and you have to beg for a new program tleman’s time has expired. sition from an on-budget surplus num- or new relief or new regulations or a Mr. WELLER. Mr. Speaker, I yield an ber. That is to say, we are going to bor- change that creates constituency additional 1 minute to the gentleman row money every year for the next 10 groups, and that keeps me, a liberal, in from Alabama (Mr. BACHUS). years. It is going to cost another tril- power. Now, conservatives on the other hand Mr. BACHUS. Mr. Speaker, I thank lion dollars. the gentleman. As I said, we have got Let me state why deficits matter. say, I want less government. I do not to revitalize this economy. Tax cuts Deficits matter because it is money want people who have to come groveling to Washington year after stimulate the economy, get the econ- you owe. And when you owe money, year for relief, for regulatory relief for omy moving. They create jobs. Presi- you have got to pay interest on it. more freedom. Less government cre- dent Bush said it best when he said, the Right now 13 cents out of every dollar ates more freedom. When you have bottom line is jobs, creating good jobs. that comes here goes to pay interest. money in your pocket you have more They say we are paying for war. We are b 1230 choices. The working man can go out not paying for anything. We are bor- there and buy more hamburgers, take Baby boomers, to protect their re- rowing for the war. That is wrong. We his family out to eat on a Friday night. tirement, they need to be working; ask the young men and women in this He can buy more clothes, a set of tires they need to be paying into their re- country in uniform to go overseas and for the car. He can go on a few more tirement accounts, not drawing unem- fight for us. We say no price is too high ployment checks. We have got a delay vacations. He can send his kids to col- for you. We will protect you, give you lege. Creating freedom for the working over in the Senate of the economic everything you need; but we will not stimulus package that is being ob- family. pay for it. We will borrow it from our What happens when the American structed. Now it has actually been kids. They are the ones making the killed. We lost 300,000 jobs this last people have more money in their pock- sacrifice. This is a generational mug- ets and they are buying more ham- month while the Senate failed to act. ging, that is what is going on. It is like Now these same people who killed the burgers and more clothes and more a heavyweight fight except that the CDs? Businesses have to expand. Small economic stimulus package want to kids are getting mugged and are paying kill the tax cut. businesses react by saying I have to in- for this because we are borrowing the crease my inventory. We know in Washington that if you money to pay for war. We are bor- want to kill something, you simply When they do that, jobs are created. rowing the money to pay for tax cuts. Small businesses say, I have to hire postpone it or delay it. That is Wash- We are not paying for anything, noth- ington-talk for kill it. new employees to help me handle this ing for the next 10 years, and that is new demand, and there are more oppor- We all know that if these taxes do absolutely wrong. not go into effect that taxpayers, tunities and there is more upward mo- Mr. WELLER. Mr. Speaker, how bility in society. It is an economic American people will be paying more much time remains on both sides? truth. More people are working, more out of their pay check. The SPEAKER pro tempore. The gen- revenues come in and then we have I will close simply by saying this. tleman from Illinois (Mr. WELLER) has more revenues to address this deficit. There will be a vote in a few minutes 81⁄2 minutes remaining. The gentleman That is why conservatives want to on whether we preserve the tax cuts, from New York (Mr. RANGEL) has 14 have permanent tax relief for the whether that money stays in the pock- minutes remaining. American people. et of hardworking Americans or wheth- Mr. WELLER. Mr. Speaker, I would It is interesting. Al Gore wanted er we bring it up here and spend it. We once again remind my colleagues on higher taxes. The American people said will all have a say. We will all take a the other sides that today’s vote is no. Dukakis wanted higher taxes. The position. whether or not we maintain the Bush American people said no. Bill Clinton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tax cut or increase taxes. said, I will give you a middle-class tax The SPEAKER pro tempore (Mr. Mr. Speaker, I yield 3 minutes to the cut. He wins. Maybe there is a lesson SIMPSON). The Chair would admonish gentleman from Georgia (Mr. KING- there. Members that they should refrain from STON), an advocate of helping working The ruling elite hates it when the improper references to the Senate such families go back to work by getting working people get it right. They can- as characterizing their actions. this economy moving again. not stand it. Well, the working folks Mr. RANGEL. Mr. Speaker, I yield 2 Mr. KINGSTON. Mr. Speaker, I want this tax relief. They want it per- minutes to the gentleman from Ten- thank the gentleman from Illinois (Mr. manently. And I proudly support the nessee (Mr. TANNER), a distinguished WELLER) for yielding me time. effort of the gentleman from Illinois member of the Committee of Ways and Mr. Speaker, it is interesting to (Mr. WELLER). Means. watch the liberal psyche in this town. I hope that my colleagues will show (Mr. TANNER asked and was given When they do not like something, they some independence and do the same permission to revise and extend his re- do not come out and say, I like bigger thing for the working people of Amer- marks.) taxes. I like bigger government. In- ica.

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.045 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H159 Mr. RANGEL. Mr. Speaker, I yield budget raids Social Security over 10 the world has changed since September 11⁄2 minutes to the gentlewoman from years of $1.5 trillion. Last year we were 11. Everything has changed, the Presi- Connecticut (Ms. DELAURO), a leader in promised that we would pay down the dent said. Everything but this tax cut our party and a spokesperson. national debt of $3.5 trillion. What do that was considered in an entirely dif- Ms. DELAURO. Mr. Speaker, when it we know today? The Bush budget in- ferent time. comes to the state of the budget, so creases the debt. What do we see? We see Governors all much has changed in the last several Last year we were told prescription over the country postponing tax cuts months. Our economy is struggling, drug benefits would be available for all because the reality of their State budg- unemployment is up, and we are fight- seniors. What do we know today? Only ets is they cannot continue to provide ing a war against terrorism. But with some seniors will get it. Last year we tax cuts and provide the services that the President’s budget released this were promised we would support public their States need, whether it is edu- weekend, now with this resolution it is education. Today what do we know? cation or highways or infrastructure clear one thing has not changed, and I The Bush budget eliminates all funding repairs. am sorry that my colleague, the gen- for class-size reduction. It eliminates What do we see now? Republican tleman from Georgia (Mr. KINGSTON), all funding for school construction. It Governors postponing tax cuts. I do not left the floor, because what this resolu- cuts drug prevention programs. It cuts think they think they are raising tion is about, what this budget is about money for drop-out prevention pro- taxes. They think they are doing pru- is that, in fact, the other side of the grams. dent economics on behalf of the citi- aisle, that the Republican majority in Education came first? zens of their State. We should reject this House will stop at nothing to raid Today we also know that September this proposal. Social Security and raid Medicare. 11 left us with the need to fund home- Mr. WELLER. Mr. Speaker, I reserve Despite their protestations over the land security and to address our ter- the balance of my time. last couple of years, they fundamen- rorism needs. By the way, the Presi- Mr. RANGEL. Mr. Speaker, I yield 1 tally do not believe in Social Security dent said it is costing us about $1 bil- minute to the distinguished gentle- and Medicare. They take every oppor- lion a month, $12 billion a year to fight woman from California (Mrs. terrorism. Extended out for 10 years, tunity to dismantle the current system TAUSCHER). that is $120 billion. Why are you taking which plays such a role in the lives of Mrs. TAUSCHER. Mr. Speaker, I $1.5 trillion from Social Security? Stop working families today. thank our ranking member for yielding Social Security has been a lifeline showing those charts. We also know today that we have me time. and Medicare is a lifeline to health lay-offs and unemployment as a result Mr. Speaker, I must rise in opposi- care for seniors and for people who of September 11. American workers in tion to this senseless sense of the Con- have worked all their lives, who, in need. We know today the corruption gress resolution. fact, will need that retirement secu- and greed of big business commands I support tax cuts, and I even voted rity. The Republican majority would the attention of the American public for last year’s tax package because I deny that retirement security. They because of companies like Enron in- believe hardworking Americans de- would move to privatizing Social Secu- flicting real and heavy hits on our serve tax relief. But in the year since rity. They would talk about investing American workers and their pensions. we passed the tax cut, America’s eco- in the stock market. And, my God, We also know that the Enrons of the nomic conditions have drastically look at what has happened in recent world and the executives like Kenneth worsened. We now face a future of times with the stock market and with Lay who used to run Enron are the budget deficits that threaten Social Enron and with a variety of other com- ones that would benefit from these tax Security and Medicare. That is why panies. But that is the direction this cuts more than any of Enron’s workers. yesterday I submitted an amendment majority would like to go. You cannot claim innocence. You to the Committee on Rules that would Mr. WELLER. Mr. Speaker, how cannot claim ignorance. You know have added a trigger mechanism to the much time remains on both sides? what you are doing if you vote for this. tax cut. The SPEAKER pro tempore. The gen- Vote against it. Help the Senate in My amendment would have ensured tleman from Illinois (Mr. WELLER) has doing the heavy lifting in helping that the tax cuts passed last year con- 51⁄2 minutes. The gentleman from New American workers, not this. tinue as planned as long as future cuts York (Mr. RANGEL) has 121⁄2 minutes. Mr. WELLER. Mr. Speaker, I con- are not paid for with Social Security Mr. WELLER. Mr. Speaker, it looks tinue to reserve my time. and Medicare money. Unfortunately, like they have a few more speakers Mr. RANGEL. Mr. Speaker, I yield 1 the rule does not allow me to offer this than we do. I will reserve the balance minute to the gentleman from Cali- amendment. of my time. fornia (Mr. GEORGE MILLER), a veteran It is simply irresponsible for Con- Mr. RANGEL. Mr. Speaker, I yield 2 legislator. gress to jeopardize Social Security and minutes to the gentleman from Cali- (Mr. GEORGE MILLER of California its promise of a secure future. That is fornia (Mr. BECERRA), a distinguished asked and was given permission to re- why I urge my colleagues on both sides member of the Committee on Ways and vise and extend his remarks.) of the aisle to vote no on this senseless Means. Mr. GEORGE MILLER of California. resolution and let us get back to work. Mr. BECERRA. Mr. Speaker, I thank Mr. Speaker, as we honor President b 1245 the gentleman for yielding me time. Regan’s birthday today, it is fitting Mr. Speaker, it is hard to believe that we remember one of his most fa- Mr. RANGEL. Mr. Speaker, I yield that today as the Senate moves to vote mous lines, ‘‘There you go again.’’ 11⁄2 minutes to the gentleman from to help workers left unemployed by Well, tragically, there you go again Vermont (Mr. SANDERS). September 11, this House chooses to and here we go again. Mr. SANDERS. Mr. Speaker, I thank vote to reaffirm last year’s massive In the early 1980’s President Reagan the gentleman from New York (Mr. and imprudent tax cut bill. Knowing forced through a massive tax cut and RANGEL) for yielding me the time. what we know today, how can we vote military spending hikes that resulted The question we are debating today for tax cuts that are tilted towards big in budget deficits over the next 12 could not be simpler. In a time of a $6 business and the well-to-do? years. The American tax payers paid trillion national debt and a growing Last year we were told in 2001 that trillions of dollars in additional inter- deficit, a recession and a war, do we we would have a surplus of $300 billion est costs. Long-term interest rates re- provide hundreds of billions of dollars into the year 2002. Now what do we mained high. The penalty was on work- in tax breaks to the wealthiest 1 per- know? That there is a deficit of $100 ers, on their families, on their children cent of the population, people with a billion in the President’s budget. and on the poor of this Nation. Sounds minimum income of $375,000 a year, and Last year we were told that Social familiar? There he goes again. Presi- in the process raid the Social Security Security would be protected. We all dent Bush’s budget priorities. Trust Fund and endanger that system? voted for the so-called lock box. What In spite of everything we have Further, do we cut back on Medicare do we know today? The President’s learned, as the previous speaker said, and other important needs in order to

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.049 pfrm01 PsN: H06PT1 H160 CONGRESSIONAL RECORD — HOUSE February 6, 2002 make the richest people in this country lowing the example of a certain very Security and Medicare in order to give even richer? prominent Kennedy. In 1962, with a tax cuts to make the rich even richer? Mr. Speaker, the answer is pretty ob- Federal tax burden lower than it is Actually the Los Angeles Times did vious. According to an L.A. Times poll today, President John F. Kennedy ob- ask the question, and 80 percent said published yesterday, 81 percent of the served, and I will quote, ‘‘The largest stop the tax cut. We should vote no on American people think that the Presi- single barrier to full employment and a this shameless resolution. dent’s tax breaks should not go higher rate of economic growth is the Mr. RANGEL. Mr. Speaker, I yield 1 through if it means taking money out unrealistically heavy drag of Federal minute to the gentleman from Ohio of Social Security; 81 percent of the income taxes.’’ He said that when the (Mr. KUCINICH). American people believe that. I believe tax burden was lower than it is today. (Mr. KUCINICH asked and was given that, and I hope the United States Con- President Kennedy then went on to permission to revise and extend his re- gress has the guts to stand up to the lower Federal taxes dramatically and marks.) wealthy campaign contributors and be- sparked 7 years of robust economic Mr. KUCINICH. Mr. Speaker, we have lieve it also. growth and job creation. Despite the not allocated a full hour in our short The SPEAKER pro tempore (Mr. lower rates, the government took in workweek to consider a resolution that SIMPSON). The gentleman from New more revenue than before the tax cut, would ensure the richest 1 percent of York (Mr. RANGEL) has 7 minutes re- and the budget deficits were signifi- Americans receive their tax cut on maining. The gentleman from Illinois cantly reduced. time. (Mr. WELLER) has 51⁄2 minutes remain- The fact is every time that the Fed- When it comes to policies that would ing. eral Government has significantly cut benefit the mass of middle- and work- Mr. WELLER. Mr. Speaker, I under- taxes in the last century, the Mellon ing-class Americans, the administra- stand I have the right to close. tax cuts of the 1920s, the Kennedy cuts tion does not seem particularly punc- The SPEAKER pro tempore. The gen- of the 1960s, the Reagan tax cuts of the tual. After killing OSHA’s ergonomics tleman is correct. 1980s, the fact is the economy re- rules, the administration promised a Mr. WELLER. Mr. Speaker, I have sponded, jobs were created and tax rev- new set of ergonomic standards. Nearly one additional speaker. enue grew. And we just heard an alle- a year later thousands of American I yield 21⁄2 minutes to the gentleman gation that the Reagan tax cuts of the workers injured on the job are still from Pennsylvania (Mr. TOOMEY), a 1980s caused deficits. When will we ac- waiting. leader in the fight to get the economy knowledge the truth? The fact is after The administration has long prom- moving again. Ronald Reagan lowered taxes in the ised a meaningful prescription drug Mr. TOOMEY. Mr. Speaker, I thank 1980s, Federal tax revenue nearly dou- benefit for the elderly. The people are the gentleman from Illinois (Mr. bled. The problem was that spending still waiting. WELLER) for the time. tripled. Sure, we had deficits, but it Shunning the Kyoto Global Warming I rise in strong support of H. Con. was not because of the tax relief. Protocol, the administration promised Res. 312 in support of the Economic I urge my colleagues to support this to develop a new plan to reduce green- Growth and Tax Relief Reconciliation resolution, support the American econ- house gas emissions. The people are Act we passed last year. omy, support the people who are look- still waiting. It seems to me one of the most im- ing to get back to work. Despite promising to control energy portant questions that we can be ask- Mr. RANGEL. Mr. Speaker, is it our costs, the administration dragged its ing ourselves and should be asking is understanding that the majority in- feet in imposing Federal price caps on what do we do to get this economy tend to reserve the balance of their electricity, allowing Enron and others moving again. Unfortunately several of time to close? to gouge California consumers to the my colleagues, and we have heard them The SPEAKER pro tempore. The gen- tune of $6.8 billion. Californians waited just recently, have suggested exactly tleman from Illinois (Mr. WELLER) has 6 months for relief. what we should not do. They are openly 3 minutes remaining and one addi- After bailing out the airline industry advocating that we raise taxes during a tional speaker, and the gentleman from post-September 11, the majority in the recession. New York (Mr. RANGEL) has 7 minutes House promised legislation to help Some like to spin this proposal as remaining. That is correct. thousands of furloughed airline em- not a tax hike really, but rather a re- Mr. RANGEL. Mr. Speaker, I yield 1 ployees. They are still waiting. peal of future tax cuts. I am afraid that minute to the gentlewoman from Illi- The people should not have to wait is a distinction without a difference. nois (Ms. SCHAKOWSKY). anymore for help, and I tell my col- The fact is, current law establishes a Ms. SCHAKOWSKY. Mr. Speaker, I leagues, the richest 1 percent in this specific declining series of tax rates thank the gentleman from New York country, they can wait their turn. that are known to all and on which (Mr. RANGEL) for yielding me the time. Mr. RANGEL. Mr. Speaker, I yield 1 people are planning and making their I rise in strong opposition to this minute to the gentleman from Massa- investment decisions. To replace that measure. This resolution is nothing chusetts (Mr. NEAL), a member of the existing law with a new series of higher more than an effort to divert attention Committee on Ways and Means. tax rates is simply a tax increase. from the Enron-like scandal in the Re- Mr. NEAL of Massachusetts. Mr. There is no doubt about it. publican economic plan. Speaker, one of the previous speakers The fact is this is a reckless plan, The Republicans are robbing Social noted the Kennedy tax cuts as a meas- and it will endanger our economy, and Security and Medicare in order to ure of achievement, but what he failed that is just Economics 101. I mean, guarantee additional future tax breaks to note was that part of the revenue, at economists of all political parties, all to the richest Americans. In order to least one-third of the revenue gen- stripes, people everywhere understand mask this irresponsible, risky and cyn- erated on that occasion, came from when we raise taxes, we slow the econ- ical behavior, they fall back on their closing tax loopholes, which this Con- omy down, and when we slow an econ- old discredited mantra, that putting gress has been reluctant to address, but omy down, it results in job losses. Fed- future tax cuts for the rich on hold let me speak specifically to this issue. eral taxes right now are still a near equals a tax increase. They will say it The hot movie in 1981 was Smokey postwar record high level, and we are over and over, but it will never be true. and the Bandit, the cool band was in the midst of a recession that has Everyone in this House is for middle- Blondie, and the prevailing fiscal the- cost hundreds of thousands of jobs. and lower-income tax cuts, which, by ory was trickle down economics. While If we were to adopt the irresponsible the way, benefit the wealthy as well as 1981 is a distant memory for most of us, idea of repealing or delaying part of the economy, but now that this admin- we should learn from that experience this tax plan that we adopted last year, istration has presided over the dis- and not repeat the mistakes of the it can only result in a slower economy appearance of a $5 trillion surplus, they past. and more job losses. want to go after Social Security. The meaningless resolution we are Instead of proposing that we raise Ask the American people the real considering today would unfortunately taxes, frankly I think we should be fol- question. Should we sacrifice Social do just that. The budget released this

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.051 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H161 week says that the way to climb out of going to be able carry on this current b 1300 this deficit is with more tax cuts, ex- economics. So we have to leave our- So the question before us today is ploding tax cuts that we all know are selves some adjustment room so we can really a restatement of May’s tax cut going to be drawn from Social Security make decisions in the future when we vote, but done in light of what we now and Medicare Trust Funds, just when see do we want prescription drugs for know. In May, we voted saying it the baby boomers begin to retire. seniors or a little more help for the bil- would not touch Social Security. Mr. Speaker, we cannot afford these lionaires among us. Today, we know in light of the Presi- tax cuts now, and everybody knows it, Mr. RANGEL. Mr. Speaker, how dent’s budget plan that it raids Social so why do we think we can afford them much time do we have remaining? Security to the tune of $2 trillion. The SPEAKER pro tempore. The gen- when the baby boom generation begins Under those circumstances, Mr. Speak- tleman from New York (Mr. RANGEL) to retire? Apparently the taxpayers er, I cannot support this resolution. has 3 minutes remaining. agree with us. The Los Angeles Times I could support this resolution if poll is clear that the American people Mr. RANGEL. Mr. Speaker, I yield myself such time as I may consume. there were a credible budget plan ad- dispute the priority that the majority vanced by the majority that showed we in this House is about to undertake. I have been waiting for an answer from the other side as to how this tax were not touching Social Security and These tax cuts are not only skewed to- we were not touching Medicare. But to ward the wealthy, but they dispropor- policy provision could come out with- out ever coming before the Committee over the next 10 years, and not just in tionately go to the superwealthy. on Ways and Means. They refuse to an- this period of war and recession, as the Mr. RANGEL. Mr. Speaker, I yield 2 majority says, but over the next 10 minutes to the gentleman from New swer. It did not come out of the Com- mittee on the Budget. They refused to years launch us on a plan that diverts York (Mr. NADLER), in whose district $2 trillion of funds coming in for Social the Twin Towers once stood and was answer. It must have come out of the Republican campaign to reelect the Security and Medicare jeopardizes our the target of this vicious attack Congress because it is a political issue Nation, jeopardizes a future commit- against the United States of America. ment to our seniors, and jeopardizes Mr. NADLER. Mr. Speaker, this reso- and should not be on this floor. Mr. WELLER. Mr. Speaker, if the those in the work force today paying lution is a joke. I have been a Member gentleman would yield, I would like to for the retirement. of Congress for almost 10 years, and I provide an answer. It is wrong to use Social Security cannot remember any resolution that Mr. RANGEL. Well, it is too late monies in this way. They ought to put simply supports current law. To not re- now. My colleague sure had his chance, a plan forward that holds harmless So- peal or roll back tax cuts, we do not and he will get another chance to an- cial Security. The vote today is wheth- need this resolution. Nothing is coming swer. er we want to use Social Security on to the floor. Nothing is threatened. We Mr. Speaker, the remaining time all future aspects of the tax cut. do not have to do anything. that I have I yield to the gentleman The SPEAKER pro tempore (Mr. The fact of the matter is that it was from North Dakota (Mr. POMEROY), an SIMPSON). The time of gentleman from the Clinton budget’s deficit reduction outstanding member of the Committee New York (Mr. RANGEL) has expired. package, which the Republicans called on Ways and Means. The gentleman from Illinois (Mr. the greatest tax increase in history in Mr. POMEROY. Mr. Speaker, I thank WELLER) has 31⁄2 minutes remaining. 1993, which they predicted, and I re- the gentleman from New York (Mr. Mr. WELLER. The time of the gen- member the gentleman from Texas RANGEL) for yielding me the time, and tleman from New York has fully ex- (Mr. ARMEY) on the floor saying this I thank the gentleman from Alabama pired, Mr. Speaker? will lead to a depression, this will lead (Mr. BACHUS) for bringing this motion The SPEAKER pro tempore. The gen- to hair-curling depression, instead led to the floor. I think it is very helpful. tleman’s time has expired. to the greatest economic boom in the When we passed the tax bill in May, Mr. WELLER. Mr. Speaker, I yield history of this country, led to the low- we all agreed that Social Security and myself the balance of my time. est unemployment, lowest inflation, Medicare funds would be held inviolate. In conclusion, I would say to my col- greatest job growth. In fact, that was the terms of the con- leagues that it is clear to me that we It led to reversing the $5 trillion in sideration of the tax bill as put forward have an ideological divide. Our friends debt that we incurred during the by the President. He said, to make sure on the other side of the aisle are pro- Reagan, Bush Senior, years. Instead, the retirement savings of American posing a tax increase as their solution we got what we predicted a year ago seniors are not diverted to any other to our current situation. And if we after 8 years of the Clinton economics program, my budget protects all $2.6 look at the facts today, we are at war, was going to be $5.5 trillion of surplus, million. a war against terrorism, we are re- and 1 year with this tax cut and with This was elaborated on by members building our homeland security, we are the economic recession partially of the majority as they advanced the in an economic recession, and all those brought about by this tax cut, we now budget, including the tax plan. In fact, who are students of history know that have $4 trillion of that wiped out. the gentleman from Texas (Mr. ARMEY) whenever we are in a war, we have a Now they say we should not have a said we must understand that it is in- deficit, and whenever we have an eco- tax increase in a recession. Of course violate to intrude against either Social nomic recession, we have a deficit. Of we should not. No one is proposing that Security or Medicare, and if that course, my hope is we can bring spend- unless they think the recession is means foregoing or, as it were, paying ing under control and eliminate that going to last another 4 or 5 years, but for the tax cuts, then we will do that. this year. the real point here is that with a $4 Now we know, however, that the ac- Our friends on the other side of the trillion in surplus wiped out, this coun- tual budget plan this year involves all aisle propose a tax increase. They say try is going to face choices a couple of future phase-ins of this tax cut coming we should repeal the tax cut that years down the road. out of Social Security funds. If we look President Bush proposed last year, and Do we want another tax cut for the at the green line on this chart, we will that by doing so, raise tax revenue that richest people in our country, or do we note that for each of the next 10 years, they could spend here in Washington. want prescription drugs coverage for we are into Social Security funds to Well, let us look at what it is they seniors on Medicare? How are we going fund any future dimension of this tax propose repealing. First, I will mention to pay for that? There is not enough cut. So it is a very different picture the marriage tax penalty. Twenty- money in the Bush budget for it. There than we had when we passed the bill in eight million married couples pay an is not enough money that we see in the May. It is not funded from general average of $1,400 more in higher taxes. next 10 years for prescription drugs funds. This is a raid on Social Security. We, of course, passed legislation to under Medicare, not if we give more In fact, the President’s budget reveals wipe out the marriage tax penalty. A tax cuts to the richest people in our so- that up to $2 trillion will be diverted married couple making $60,000, a mid- ciety. from Social Security and Medicare in dle-class married couple in the district If we want to fully fund the edu- order to fund all future aspects of the I represent, the south suburbs, pays on cation bill that we passed, we are not tax cut. average $1,400 taxes under the marriage

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.053 pfrm01 PsN: H06PT1 H162 CONGRESSIONAL RECORD — HOUSE February 6, 2002 tax penalty. They are middle class. But instead of coming together in a bipar- further strengthen our military. We have finally They would see higher taxes under the tisan way to deal with these important matters, adjusted to the post cold war world, and after Democrat tax increase. the House is wasting time today debating a the terrorist attacks of September 11, we now They also propose wiping out the symbolic and politically slanted resolution that have an even better understanding of the elimination of the death tax, and they has one and only one purpose: To try to make world and those who threaten us. I fully sup- propose wiping out the doubling of the it seem like some Members oppose tax cuts port the President’s efforts to strengthen our child’s tax credit. Working moms and so that it can be used against them in political military forces through modern equipment and working families who have children campaigns. That this is a purely political exer- facilities and highly trained and compensated will be able to get up to a $1,000 tax cise is underscored by the fact that the Con- personnel. credit. It is $500 under the current law gressional Leadership rejected all attempts to I also applaud the President for his efforts to that is in place. They want to raise modify this resolution to include the protection strengthen our security at home. The concept taxes on those parents with children. of Social Security. of ‘‘Homeland Security’’ holds special meaning We also provide an opportunity for I support tax cuts. My record on that is to the people of our nation for the first time in families to put more tax-free contribu- clear. I have consistently voted—sometimes more than 50 years. The images of that fateful tions into their retirement accounts. If even against my own party—to support re- day in September will haunt each of us for the we go along with the Democrat pro- sponsible tax cuts for families, be it in the es- rest of our lives. But we are a strong and posal, we wipe out that opportunity tate tax, the marriage penalty tax, or other tax proud people and we will not forsake our re- and increase taxes on those who want cuts. Despite that, I will vote on this resolution. sponsibilities to guard the privileges of free- to save for education and retirement. It is the type of silly political ‘‘gotcha’’ game dom for which so many of our forefathers If we care about economic growth, we that Americans hate about Washington. And it shed their own blood. We all support our have to remember that it is the small- glosses over the real budget challenges we President in his efforts to protect us and will business person, the entrepreneur who face. go the extra mile to meet our security needs. is in the top two tax brackets, the peo- Last year, the Congressional Budget Office Yet, we must not neglect the other prin- ple they call rich. And 80 percent of projected over $5.6 trillion in surpluses over ciples that have made our nation the strongest those who pay taxes under the top two the next ten years. Now, based on the Presi- and most productive in the history of civiliza- tax brackets are the small-business dent’s budget presented this week, the surplus tion. We are a nation of over-achievers who people, the entrepreneurs, the people will be about $600 billion—a difference of $5 strive to reach the top and to win. But, we are who have shops and businesses on Lib- trillion lost in less than one year. also a nation of compassion, kindness and erty Street in my hometown, our main That budget will force the government to dip giving and we have always been willing to street, and main streets all across into Social Security and Medicare every year reach down and help those who need assist- America. We know small businesses for the next ten years, and because it fails to ance. and the entrepreneurs are going to cre- pay off the debt, will cost the country an addi- I am fearful that the domestic side of Presi- ate jobs and get our economy moving tional $1 trillion. That is one trillion dollars that dent Bush’s budget plan will neglect not only again. those who are least fortunate among us, but So, again, a world war, we are re- won’t be available for families to meet their also a good many of us who are working to building our homeland security, and we needs or for the government to help with reach the top, but have yet to fulfill the dream. are in a recession. And there is not one schools, energy research, prescription medi- The Congressional Budget Office (CBO) re- real world economist who has said that cine, or anything else. That’s a one trillion cently issued a report that said the single big- now is the time to increase taxes. In debt that will rest on our children. gest factor in the elimination of the estimated fact, economists tell us it is best to As many of us warned last year, Congress $5.6 trillion surplus was last year’s Economic lower taxes in a recession so people simply left no cushion in the budget resolution. Growth and Tax Relief Reconciliation Act have more money to invest and spend Last year, no one predicted that we would which cut taxes by $1.35 trillion, most of which in the creation of jobs. enter a recession, and no one knew we would Yesterday, Secretary O’Neill, some- be at war. But many of us warned that unfore- went to the wealthiest individuals and busi- one who is known for his frankness and seen occurrences always arise and carry ex- nesses. I strongly supported using this surplus independent thought, was asked the penses with them. Set aside more of the to improve the lives of all Americans. I be- question: ‘‘Is a repeal of the Bush tax budget, we said, and that will put us in a bet- lieved it best to divide the surplus into thirds, cut a tax increase?’’ And the Secretary ter position for the future—whatever comes. with one third for tax cuts, one third for addi- said yes. And he noted that raising There is no doubt that the recession and the tional funding on national priorities like edu- taxes would stifle the process of get- war on terrorism have contributed to the dis- cation, Social Security, and infrastructure im- ting Americans back to work. This is a appearance of the surplus. But the single larg- provements, and one third toward eliminating bad idea as our recovery is struggling est contributor to that disappearance over the the national debt. President Bush’s tax cut to take hold. next decade is the President’s tax package. was too much and, once hit by the recession My colleagues, this is a simple vote. This resolution will be presented as a litmus and the attacks of September 11, it is clear We are in a recession, we are at war. test of who wants to raise taxes. I won’t raise that this huge tax cut has knocked our fiscal Do we want to increase taxes? Those taxes. Americans can rest assured that no one house into a heap of rubble. who want to increase taxes vote ‘‘no.’’ here is proposing to raise taxes, certainly not For the first time since 1997, the budget of Those who want to make sure the Bush at a time of economic weakness. the United States Government will experience tax cut is fully implemented and we We’ll see this resolution in only two places: a deficit. We must pay for the war on terrorism get this economy moving again vote On the House floor today and in campaign and we must protect the Homeland. But, we ‘‘aye.’’ commercials this fall. We shouldn’t be wasting should not put domestic programs at jeopardy, I urge an ‘‘aye’’ vote and ask for bi- time on finger pointing and political games. go into further debt, and raid the Social Secu- partisan support for this sense of House We should be working together to find solu- rity and Medicare Trust Funds in order to give resolution and preserve the President’s tions to the problems that are waiting out on the wealthiest Americans large tax cuts. tax cut. the horizon. In fact, even though last year’s tax cuts are Mr. HOLT. Mr. Speaker, I rise to offer a few Mr. PASTOR. Mr. Speaker, President Bush scheduled to expire in 2010, the President’s comments on the House’s consideration of H. recently delivered his budget proposals for new budget has proposed making these tax Con. Res. 312. Fiscal Year 2003 to Congress. I was hopeful cuts permanent. This is estimated to cost an Today our nation is at war, both here and that all Americans would be a part of the additional $675 billion over the next ten years. abroad. Congress is considering a budget plan American dream, but he has woefully put al- This means domestic programs will be cut by that is likely to spend money out of the Social most 60 percent of us in jeopardy. The most almost five percent below the levels necessary Security Trust Fund. Our economy is trying to pressing question in Washington this year is to maintain current services. This means that find its footing in the wake of the ongoing re- will we support a budget that makes the we will be using Social Security and Medicare cession. And many central New Jerseyans wealthiest 15 percent of Americans wealthier, funds to pay for these tax cuts. It means we have questions about the security of their or will we pursue policies that will keep 60 will be forced to eliminate 28 elementary and 401K retirement plans in the wake of the percent of the people from becoming worse secondary education programs. It means we Enron bankruptcy. Looking at that list of off. will cut rural health care activities by 42 per- issues, I imagine most Americans feel Con- I wholeheartedly support the President in his cent. It means we must freeze the Child Care gress has plenty of work to do. efforts to improve homeland security and to and Development Fund. It means we must cut

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K06FE7.055 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H163 funds for critical repairs to public housing. It were unrealistic and too conservative, the Re- not think that makes sense, and I cannot sup- means our federal highway program will be publicans ignored our warnings and pro- port this resolution any more than I could sup- cut a drastic 29 percent. ceeded full speed ahead. Then, to make the port last year’s tax bill. In my view, the price we are being asked to bloated tax cut fit into their rosy budget sce- I am not opposed to cutting taxes. I have pay for these huge tax cuts is too high. I do nario, the Republicans used budget gimmicks supported—and still support—a substantial re- not believe it is in the best interest of our na- to make their tax cut expire in 2011. Now, ap- duction in income taxes and the elimination of tion as a whole to return to deficit spending pallingly, the President has called to make the ‘‘marriage penalty.’’ I have supported—and just so the wealthiest 15 percent of our people these tax cuts permanent in the budget he re- still support—including the child credit and can become even wealthier. leased on Monday. Apparently the rich aren’t making it refundable so that it will benefit more I am opposing the domestic portions of the rich enough. Meanwhile, seniors who cannot lower-income families. And I have supported— President’s budget and call on decision mak- afford prescription drugs are reminded by this and still support—reforming, but not repealing, ers to join me in a common sense approach resolution, and the President’s budget, that the estate tax. to meeting the priorities of America. We their concerns are not a priority. But the affordability of last year’s tax bill de- should continue to fight the war on terrorism. The Congressional Budget Office just re- pended on uncertain projections of continuing We should continue to protect the Homeland ported that making the Bush tax cut perma- budget surpluses that now may inspire nos- against attack. But we must not continue the nent would decrease revenues by $569 billion talgia but are otherwise meaningless. As I said ill-fated principles that drive us further and fur- resulting in debt service payment increases of last year, the tax bill was a riverboat gamble. ther into economic insecurity and debt. Let’s $58 billion. This leads to a total cost of $627 It put at risk our economic stability, the future be sure all Americans are given an opportunity billion in FY 2003–2012. To do a real Medi- of Medicare and Social Security, and our abil- to strive for the American dream. care prescription drug benefit will cost some ity to make needed investments in health and Mr. STARK. Mr. Speaker, I oppose H. Con. $600 billion over ten years. We should scrap education. For me, the stakes were too high Res. 312, expressing the sense of the House the additional tax cuts called for in the Presi- and the odds were too long, and I had to vote of Representatives that the scheduled tax re- dent’s budget and instead provide a Medicare against it. This resolution does not correct lief provided for by H.R. 1836, the Economic prescription drug benefit to all beneficiaries. those problems—merely insists that they don’t Growth and Tax Relief Reconciliation Act of This resolution is an insult to every Amer- exist. That may make its sponsors feel better, 2001, should not be suspended or repealed. ican worker who expects to receive an ade- but it does not deserve the support of the I oppose the resolution before us today for quate Social Security check at retirement. It is House. the same reasons I opposed H.R. 1836 last also an insult to every senior who has been Mr. WATTS of Oklahoma. Mr. Speaker, I summer. It’s the wrong tax cut at the wrong anticipating a meaningful Medicare prescrip- rise to support the tax relief law as Congress time. The wealthiest ten percent of U.S. tax- tion drug benefit. I urge my colleagues to vote passed it and as the President signed it. Even payers reap the greatest benefit from the tax ‘‘no’’ on H. Con. Res. 312. in the middle of a recession, some lawmakers cut. The tax cut is so costly that the President Mr. UDALL of Colorado. Mr. Speaker, this have chosen to resurrect a hatred of tax re- is willing to imperil Social Security and Medi- resolution is not real legislation intended to lief—this time giving speeches and making care by using revenue from the Trust Funds to meet a national need or resolve a national statements in support of delaying or repealing pay for the tax cut. problem. Instead, it is a political game. Every- the promise we made to the American people I am not willing to weaken the foundations one in this Chamber knows that—and by last year. But a promise made should be a of retirement security in order to pay for a bringing it forward under this extraordinary promise kept. Yanking cash out of the wallets bloated tax cut that benefits the wealthy. Nor procedure, the Republican leadership is doing and pocketbooks of hardworking taxpayers is am I willing to compromise on a Medicare pre- us the favor of making it clear to everyone in not good policy. Their elected officials told scription drug benefit. The bottom line is, there the country. them they would have more money to spend is only a limited amount of revenue coming In simplest terms, the point of this resolution on their families and needs—and that’s the into the federal government. By passing last is to try to make the House again express commitment we ought to honor. year’s tax cut, the Republican Congress put a support for last year’s tax bill—a bill based on Creating jobs and letting people keep more premium on tax cuts for the wealthy while economic projections that were very doubtful of the money they earn is the recipe for get- making retirement security, seniors, education, then and that now have been shown to have ting our economy back on track. Raising taxes and our children, a lower priority. been wildly over-optimistic. would send the wrong message, set the wrong Last January, the 10-year surplus (2002– When the bill was passed, the economic precedent and take the wrong action during a 2011) estimate was $5.6 trillion. In one year, weather seemed bright—we did not yet know national recession. that surplus decreased $4 trillion. Certainly the that we already were in recession—and spon- Mr. Speaker, let me remind my colleagues events of September 11 and the fledgling sors of the bill claimed that we could rely on exactly what it is we are talking about: elimi- economy contributed to some of this de- that to continue not just for a matter of months nating the death tax, reducing the marriage crease. However, forty percent of that de- but for a full decade. And now, despite the penalty, doubling the child credit and offering crease can be attributed to the Republican in- dramatic change in economic conditions, de- across-the-board income tax relief. This is not come tax cut passed last summer. Last Feb- spite the need for increased resources to fight about ‘‘tax cuts for the rich.’’ This is not about ruary, Treasury Secretary Paul O’Neill stated terrorism and for homeland defense, the spon- special breaks for only the wealthy. Under the before the Ways and Means Committee: sors of this resolution are calling on us to say tax relief law, anyone who pays taxes pay ‘‘If we lock box Social Security, that the that nothing has changed. less. These are initiatives that should be per- President said we should do, effectively use it With storm clouds looming and the wind manent, not delayed or repealed. to pay down the public debt and you all want shifting sharply, they are saying that instead of Today’s vote will put the House on record. to do Medicare too, that is fine. We still have considering whether to shorten sail we should Are we keeping our word or breaking our got after implementation of the President’s act as if the sun was still shining and the seas word? Mr. Speaker, I urge my colleagues to proposal $1.5 trillion available, or more than were calm—instead of considering adjust- stand behind our promise to hardworking tax- 25 percent of the total projected surplus avail- ments, we should swear allegiance to stay the payers around the country and vote for this able as a cushion against the prospect of run- course—even if it was plotted in error. And resolution in support of economic growth and ning ourselves back into a deficit ditch.’’ that’s not all. The resolution asks that the tax relief. Our constituents are counting on us. Secretary O’Neill was wrong. Using the ‘‘on- House insist that ‘‘suspending, repealing or Mr. RODRIGUEZ. Mr. Speaker, the resolu- budget’’ or non-Social Security baseline budg- delaying’’ any part of last year’s bill ‘‘is a tax tion on the House floor is a sham. Rather than et from the Administration’s own budget ta- increase.’’ I guess that they subscribe to the accept responsibility for their reckless budget bles, there is now a $298 billion deficit over 5 theory that if you say something often enough policies, they try to hide behind a feel-good years from 2003–2007. This means that all of and loudly enough you can get people to be- resolution that does nothing to balance the those Republican-promoted Congressional lieve it. budget, and does nothing to protect our na- resolutions last year promising to put the So- Of course, the problem is that saying some- tional obligations to senior citizens or vet- cial Security and Medicare trust funds in a thing is so doesn’t make it so. It simply is not erans. ‘‘lockbox’’ were nothing more than dog and true that changing something scheduled for Yes, we are in a war, and we face new pony shows for America’s retirees. Sadly, the the future is the same thing as doing some- challenges that require a strong response. I days of fiscal responsibility are over. thing today—any more than revising next support that effort 100 percent. But given that Although Democrats noted last year that the year’s baseball schedule would be the same reality, we face a choice. One year ago, our figures used to calculate the size of the tax cut as adding an exhibition game tomorrow. I do new President told us that we need huge

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\A06FE7.008 pfrm01 PsN: H06PT1 H164 CONGRESSIONAL RECORD — HOUSE February 6, 2002 across-the-board tax cuts because the sur- growth in the history of the world. We should the gentleman from Illinois (Mr. pluses were so large. Now he says we need follow the lessons we learned then and main- WELLER) that the House suspend the them even though the surplus is gone and tain fiscal responsibility and balanced budgets. rules and agree to the concurrent reso- deficits are back. He promised us that we Our priority should be to retire the debt so lution, H. Con. Res. 312. would meet our national priorities first, before we do not put America’s economy at risk. I am The question was taken. cutting revenues in a way that overwhelmingly for tax relief, but we need to do it the right The SPEAKER pro tempore. In the benefit the most well-off in our society. But his way at the right time. It is a travesty that the opinion of the Chair, two-thirds of budget leaves key priorities unmet. Republican leadership did not allow us to vote those present have voted in the affirm- This week the administration sent us a on the Social Security lockbox bill that would ative. budget that breaks the promise not to use have maintained continued support for fiscally Mr. WELLER. Mr. Speaker, I object Medicare and Social Security funds to fund responsible tax relief that does not take to the vote on the ground that a government operations. Now we have a deficit money away from Social Security. A similar quorum is not present and make the with no end in sight. And we all know, we all bill passed the House last year by a margin of point of order that a quorum is not know, that the deficit numbers will end up 407–2. present. much worse once we work through all the Mr. Speaker, I ask my colleagues to join me The SPEAKER pro tempore. Evi- budget gimmicks and tricks. This resolution in opposing H. Con. Res. 312, as it threatens dently a quorum is not present. champions fiscal irresponsibility. Let’s do what Social Security and Medicare funds. The Sergeant at Arms will notify ab- the President said we would do: meet our na- Mr. HOEFFEL. Mr. Speaker, this resolution sent Members. tional priorities first. That means we take care before us today is a sham. This resolution is The vote was taken by electronic de- of Social Security and Medicare, that means a political tool, not an economic tool. vice, and there were—yeas 235, nays we expand quality health care access for If this resolution was really about improving 181, not voting 19, as follows: those who still find themselves outside the our economy, it would proclaim the need to [Roll No. 10] system, that means we fulfill our promises to protect Social Security and Medicare and not veterans, not just next year, but five years ill conceived tax cuts that are plunging this YEAS—235 from now, that means we invest in our na- country back into deficit spending. Aderholt Ganske Matheson Akin Gekas McCarthy (NY) tional infrastructure and protect our environ- If it was about improving the economy, it Armey Gibbons McCrery ment so that we leave our children a world of would seek to explain how a projected $5.6 Bachus Gilchrest McHugh clean, expanding commerce. trillion in surpluses over 10 years have been Baker Gillmor McInnis The tax cuts enacted last year—especially reduced to $661 billion in just eight months. Ballenger Gilman McIntyre Barcia Goode McKeon now—are simply unfair and unwarranted. They If it was about improving the economy, it Barr Goodlatte McKinney help the very few at the expense of the many. would explain to the American people how we Bartlett Gordon Mica Americans loved the $300 rebate they got last can afford $2 trillion in tax cuts, while our Barton Goss Miller, Dan budget is in deficit. Bass Graham Miller, Gary year; we could offer all Americans that rebate Bereuter Granger Miller, Jeff for years and years to come if we simply did If it was truly about improving the economy, Biggert Graves Moore not purse the most irresponsible aspects of it would explain how three-quarters of that $2 Bilirakis Green (WI) Moran (KS) the majority’s tax policies. Instead, we will like- trillion will be borrowed from Social Security, Bishop Greenwood Myrick Blunt Grucci Nethercutt ly face rising interest rates, the most unkind and the other 25 percent ($550 billion) will be Boehlert Gutknecht Ney tax hike on American consumers and a true borrowed form Medicare, which, by the way, is Boehner Hall (OH) Northup drag on our economy. We face a choice. all of the projected surplus in Medicare. Bonilla Hall (TX) Norwood I am one of the fiscally responsible mem- Boozman Hansen Nussle Blindly adhere to a doctrine of tax cuts first Brady (TX) Hart Osborne and always, or adopt a balanced approach bers of this body that apparently caused the Brown (SC) Hastings (WA) Ose that offers tax cuts to all Americans while still tax-cut-all-all-cost sponsors of this resolution Bryant Hayes Otter meeting our national obligations. Let’s make to draft it. I called for a freeze of still-to-be-en- Burr Hayworth Paul Burton Hefley Pence the right choice and put the interests of Amer- acted tax cuts that would allow us to deter- Buyer Herger Peterson (MN) ica’s working families first. mine how much the war on terrorism, reces- Callahan Hilleary Peterson (PA) Ms. MCCARTHY of Missouri. Mr. Speaker, I sion and the already enacted tax cuts will cost Calvert Hobson Petri rise in opposition to H. Con Res. 312, ex- us. I have not called for a tax increase. I have Camp Hoekstra Pickering Cannon Hooley Pitts pressing the sense of the House of Rep- not called for a rollback of taxes. I have called Cantor Horn Platts resentatives that the scheduled tax relief pro- for a common sense breather to assess our Capito Hostettler Pombo vided for by the Economic Growth and Tax situation. Anyone calling this tax freeze a tax Capps Houghton Portman Carson (OK) Hulshof Pryce (OH) Relief Reconciliation Act of 2001 passed by a increase is suffering from a brain freeze. Castle Hunter Putnam bipartisan majority in Congress should not be The President’s budget, which includes Chabot Hyde Quinn suspended or repealed. many laudable items, includes about $80 bil- Chambliss Isakson Radanovich Since January, 2001, we have seen a 10- lion in tax cuts next year. Not coincidentally, Coble Israel Ramstad Collins Issa Regula year estimated $5.6 trillion surplus completely about $80 billion is expected to be borrowed Combest Istook Rehberg dissolve. Today, Congressional Budget Office form Social Security and Medicare next year, Condit Jenkins Reynolds estimates show a meager $600 billion surplus, according to his budget. What good does it do Cox Johnson (CT) Roemer and this is after every dollar has been raided for the federal government to give money to Cramer Johnson (IL) Rogers (KY) Crane Johnson, Sam Rogers (MI) from the Social Security and Medicare trust American taxpayers with one hand, and take Crenshaw Jones (NC) Rohrabacher funds. Instead of insisting on more tax cuts it away with the other? Culberson Kaptur Ros-Lehtinen that will drive us further into debt and raise our If corporate America treated pension funds Cunningham Keller Ross Davis, Jo Ann Kelly Royce long term interest rates, let us consider other like Congress treats Social Security, someone Davis, Tom Kennedy (MN) Ryun (KS) options. would be in jail. We can’t steal from the future Deal Kerns Sandlin Last year’s tax cuts have already provided to pay for today’s unwise fiscal policies. DeLay King (NY) Saxton income tax relief to most working Americans, I urge my colleagues who support this reso- DeMint Kingston Schaffer Diaz-Balart Kirk Schrock and the lowest individual income tax rate has lution to stop playing ‘‘gotcha’’, because the Dooley Knollenberg Sensenbrenner fallen from 15 percent to 10 percent. By wait- American people ‘‘get it’’. They understand Doolittle Kolbe Sessions ing to enact additional tax cuts until we can af- that it is wrong to borrow from Social Security Dreier LaHood Shadegg ford it, we can again work towards a balanced Duncan Largent Shays and Medicare. They understand that it is Dunn Larsen (WA) Sherwood budget and ensure the solvency of Social Se- wrong to prolong deficit spending. They under- Ehlers Latham Shimkus curity and Medicare. In my 25 years of public stand that every additional dollar we pay in in- Ehrlich LaTourette Shows service, I have worked under the constraints terest on our national debt is a dollar that we Emerson Leach Shuster English Lewis (CA) Simmons of a President who sought to spend outside of don’t use to pay down our debt. Everett Lewis (KY) Simpson our means, and I had the pleasure of working And because they do understand, I whole- Ferguson Linder Skeen with a President committed to paying down heartedly vote against this ill-conceived, petty Flake LoBiondo Smith (MI) the debt and balancing the budget. It was this Fletcher Lucas (KY) Smith (NJ) resolution. Foley Lucas (OK) Smith (TX) second strategy that allowed America to have The SPEAKER pro tempore. The Forbes Maloney (CT) Souder the longest sustained period of economic question is on the motion offered by Gallegly Manzullo Stearns

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.012 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H165 Stump Tiberi Weldon (PA) 312, the concurrent resolution just con- Mr. Speaker, I rise in strong support Sweeney Toomey Weller Tancredo Upton Whitfield sidered. of House Joint Resolution 82, and I Tauzin Vitter Wicker The SPEAKER pro tempore (Mr. commend the gentleman from Cali- Taylor (NC) Walden Wilson (NM) SIMPSON). Is there objection to the re- fornia (Mr. COX) for introducing it. Terry Walsh Wilson (SC) quest of the gentleman from Illinois? This resolution extends birthday greet- Thomas Wamp Wolf Thornberry Watkins (OK) Young (FL) There was no objection. ings and the best wishes of a grateful Nation to Ronald Reagan on his 91st Thune Watts (OK) f Tiahrt Weldon (FL) birthday. NAYS—181 b 1330 Ronald Reagan is among the greatest of statesmen ever to serve in the Oval Abercrombie Gutierrez Oberstar RECOGNIZING THE 91ST BIRTHDAY Office, or indeed to have served the Ackerman Harman Obey OF RONALD REAGAN Allen Hastings (FL) Olver American people in any capacity. He is Andrews Hill Ortiz Mr. WELDON of Florida. Mr. Speak- loved and admired by millions of Amer- Baca Hilliard Owens er, I move to suspend the rules and icans and by countless others around Baird Hinchey Pallone Baldacci Hinojosa Pascrell pass the joint resolution (H.J. Res. 82) the world. Twice elected by over- Baldwin Hoeffel Pastor recognizing the 91st birthday of Ronald whelming margins as President of the Barrett Holden Payne Reagan. United States, Ronald Reagan built a Becerra Holt Pelosi The Clerk read as follows: record of public service to our Nation Bentsen Honda Phelps Berkley Hoyer Pomeroy H.J. RES. 82 and to the American people. He was an Berman Inslee Price (NC) Whereas February 6, 2002, is the 91st birth- eloquent and forceful champion of all Berry Jackson (IL) Rahall day of Ronald Wilson Reagan; freedom-loving people, especially those Blumenauer Jackson-Lee Rangel enslaved by the former Soviet Union Bonior (TX) Reyes Whereas Ronald Reagan is the first former Borski Jefferson Rivers President ever to attain the age of 91; and its satellites. Boswell John Rodriguez Whereas both Ronald Reagan and his wife Ronald Reagan pledged to restore Boucher Johnson, E. B. Rothman Nancy Reagan have distinguished records of ‘‘the great, confident roar of American Boyd Jones (OH) Roybal-Allard public service to the United States, the progress, growth and optimism.’’ And Brady (PA) Kanjorski Rush American people, and the international com- Ronald Reagan pledged to ensure eco- Brown (FL) Kennedy (RI) Sabo munity; Brown (OH) Kildee Sanchez nomic prosperity. He kept that pledge. Capuano Kilpatrick Sanders Whereas Ronald Reagan was twice elected by overwhelming margins as President of the Ronald Reagan inherited a moribund Cardin Kind (WI) Sawyer economy mired in recession and Carson (IN) Kleczka Schakowsky United States; Clay Kucinich Schiff Whereas Ronald Reagan fulfilled his pledge wracked by rampant inflation. But his Clayton LaFalce Scott to help restore ‘‘the great, confident roar of wisdom, his confidence in the Amer- Clement Lampson Serrano American progress, growth, and optimism’’ ican people, his sound economic poli- Clyburn Langevin Sherman and ensure renewed economic prosperity; Conyers Lantos Skelton cies and his courage in the face of Costello Larson (CT) Smith (WA) Whereas Ronald Reagan’s leadership was fierce opposition led us out of that re- Coyne Lee Snyder instrumental in extending freedom and de- cession and defeated inflation. Presi- Crowley Levin Solis mocracy around the globe and uniting a dent Reagan’s policies laid the ground- Cummings Lewis (GA) Spratt world divided by the Cold War; Davis (CA) Lipinski Stark Whereas Ronald Reagan is loved and ad- work for an unprecedented period of Davis (FL) Lofgren Stenholm mired by millions of Americans, and by prosperity. He put us back to work and Davis (IL) Lowey Strickland countless others around the world; unleashed the genius of American en- DeFazio Lynch Stupak trepreneurs. He inherited a hollow DeGette Maloney (NY) Tanner Whereas Ronald Reagan’s eloquence united Delahunt Markey Tauscher Americans in times of triumph and tragedy; military and a Nation unsure of itself. DeLauro Mascara Taylor (MS) Whereas Nancy Reagan not only served as He rebuilt our Armed Forces into the Deutsch Matsui Thompson (CA) a gracious First Lady but also led a national finest fighting force in the world, and Dicks McCarthy (MO) Thompson (MS) crusade against illegal drug use; Dingell McCollum Thurman he lifted our spirits and strengthened Whereas, together Ronald and Nancy our resolve. Ronald Reagan’s leader- Doggett McGovern Tierney Reagan dedicated their lives to promoting Doyle McNulty Towns national pride and to bettering the quality of ship and courage paved the way for the Edwards Meehan Turner ultimate demise of the Soviet Union Engel Meek (FL) Udall (CO) life in the United States and throughout the Eshoo Meeks (NY) Udall (NM) world; and and the extension of freedom and de- Etheridge Menendez Velazquez Whereas the thoughts and prayers of the mocracy around the globe. Evans Millender- Visclosky Congress and the country are with Ronald Ronald Reagan’s commitment to our Farr McDonald Waters Reagan in his courageous battle with Alz- men and women in uniform earned him Fattah Miller, George Watson (CA) heimer’s disease: Now, therefore, be it Filner Mink Watt (NC) a high accolade last spring when the Ford Mollohan Waxman Resolved by the Senate and House of Rep- USS Ronald Reagan was christened in Frank Moran (VA) Weiner resentatives of the United States of America in Newport News, Virginia. His devoted Frost Morella Wexler Congress assembled, That the Congress, on be- wife Nancy stood in his behalf to chris- Gephardt Murtha Woolsey half of the American people, extends its Gonzalez Nadler Wu birthday greetings and best wishes to Ronald ten and accept this evidence of Amer- Green (TX) Neal Wynn Reagan on his 91st birthday. ica’s esteem and gratitude for Ronald Reagan’s unstinting service to our Na- NOT VOTING—19 The SPEAKER pro tempore (Mr. tion. During the ceremony, President Blagojevich Luther Shaw LAHOOD). Pursuant to the rule, the Bush noted that ‘‘when we send her off Bono McDermott Slaughter gentleman from Florida (Mr. WELDON) to sea, it is certain that the Ronald Cooksey Napolitano Sununu and the gentleman from Illinois (Mr. Cubin Oxley Traficant Reagan will meet with rough waters DAVIS) each will control 20 minutes. Fossella Riley Young (AK) and smooth waters, with headwinds as Frelinghuysen Roukema The Chair recognizes the gentleman well as fair, but she will sail tall and Hastert Ryan (WI) from Florida (Mr. WELDON). strong like the man we have known.’’ b 1327 GENERAL LEAVE Mr. Speaker, we continue to benefit So (two-thirds not having voted in Mr. WELDON of Florida. Mr. Speak- today from Ronald Reagan’s foresight favor thereof) the motion was rejected. er, I ask unanimous consent that all and courage. There can be no better or The result of the vote was announced Members may have 5 legislative days more dramatic example than our im- as above recorded. in which to revise and extend their re- proving relations with the Russian Re- f marks on House Joint Resolution 82. public. Once the heart of our fiercest The SPEAKER pro tempore. Is there adversary, our relations with Russia GENERAL LEAVE objection to the request of the gen- are now marked far more by coopera- Mr. WELLER. Mr. Speaker, I ask tleman from Florida? tion than confrontation. I do not dis- unanimous consent that all Members There was no objection. count for 1 minute the importance of may have 5 legislative days within Mr. WELDON of Florida. Mr. Speak- the diplomatic skills and courage of which to revise and extend their re- er, I yield myself such time as I may President Bush in building that rela- marks on the subject of H. Con. Res. consume. tionship, but it simply could not have

VerDate 11-MAY-2000 01:06 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.005 pfrm01 PsN: H06PT1 H166 CONGRESSIONAL RECORD — HOUSE February 6, 2002 happened had President Reagan not Deal Democrat to a conservative Re- When he became President, we had persevered in the face of the constant publican. In 1966, he became Governor endured, unhappily for all of us, an era and often vehement criticism of the so- of California. He was reelected in 1970. of national malaise, bereft of any sense called experts as he confronted what he Using his popularity in California, he of moral direction. Throughout his correctly labeled the ‘‘Evil Empire.’’ unsuccessfully challenged President term of office, throughout 8 of the fast- Indeed, I had the privilege of visiting Gerald Ford for the Republican nomi- est moving years in history, President with Anatoly Sharansky when I was in nation in 1976. He tried again and won Reagan brought us back. That Irish Israel several years ago who was in jail the nomination in 1980 and thereafter twinkle, that homespun style of his, in the Soviet Union at the time that defeated the incumbent Democrat, seemed never to change, and it brought Ronald Reagan gave that speech. He President Jimmy Carter. With his 1984 a new assurance to America. said those words labeling the Soviet reelection victory, Mr. Reagan became He was not only America’s President, Union the Evil Empire not only rever- the most politically successful Repub- but the leader of the free world. With a berated throughout the jail he was in, lican President since President Eisen- toughness that we had not seen for a but throughout the entire Soviet hower. long time, he stood toe to toe with Union, because the people themselves Today, we celebrate former President what he unabashedly termed ‘‘the Evil knew that Ronald Reagan’s words were of the United States Ronald Reagan’s Empire.’’ And when he said, ‘‘Mr. true. 91st birthday. We wish him a happy Gorbachev, tear down this wall,’’ he Ronald Reagan is an American hero birthday and a debt of gratitude to him was widely criticized. It was thought on many fronts. He and Mrs. Reagan and his family for their many years of that this was not constructive, it was dedicated their lives to promoting na- public service. not going to work, because realists tional pride and to bettering the qual- Mr. Speaker, I reserve the balance of among us knew the Soviet Union was ity of life in the United States and my time. going to be there forever, and we throughout the world. Mrs. Reagan’s Mr. WELDON of Florida. Mr. Speak- should accommodate it. He saw a dif- years as a gracious First Lady were er, it is my privilege to yield 4 minutes ferent future, and he worked hard to spent leading a national crusade to the author of this resolution, the bring it about. As a result, hundreds of against illegal drug use and the mis- gentleman from California (Mr. COX). millions of people not just in the So- sion that became known as ‘‘Just Say Mr. COX. Mr. Speaker, I thank the viet Union, but throughout Eastern No.’’ gentleman from Florida (Mr. WELDON) and Central Europe, were liberated. Mr. Speaker, the thoughts and pray- for yielding me this time. I also want He was called the great communi- ers of the Congress and the country are to thank the gentleman from Illinois cator in part because he spent so much with Ronald Reagan in his courageous (Mr. DAVIS) who just spoke very elo- time on television explaining his poli- battle with Alzheimer’s disease. On be- quently about an Illinois native son. I cies, and he was quite good at it. But it half of all Americans, it is fitting that think you can see a lot of the same was more than communication skill, it we honor this great American Presi- traits of Ronald Reagan in the gen- was that he had a message to commu- dent on his 91st birthday. I urge all tleman from Illinois (Mr. DAVIS), in our nicate. Lady Thatcher, then Prime Members to support this resolution. Speaker, and in our Speaker pro tem, Minister Thatcher, compared him to Mr. Speaker, I reserve the balance of all sons of Illinois. Winston Churchill. She said, ‘‘Like my time. The sons and daughters of Illinois Winston Churchill, he made words fight Mr. DAVIS of Illinois. Mr. Speaker, I have a great deal to be proud of as we like soldiers and lived the spirit of a yield myself such time as I may con- recognize once again President Reagan Nation.’’ sume. on his birthday. He has had a lot of If the events of September 11 have Mr. Speaker, I am pleased to join in taught us anything, it is that America consideration of this resolution. A big- them. At 91, he is America’s oldest President ever. No President has lived still requires a strong national defense ger-than-life screen actor and tele- that acts as a vanguard against en- vision personality, Ronald Reagan to the age of 91. The record was set by John Adams. As you know, John emies who would destroy freedom and moved from being Governor of Cali- democracy. Ronald Reagan cared about fornia in the 1960s to President of the Adams died on the Fourth of July, the same day as Thomas Jefferson. They these things very deeply and carried United States and dominated American forward the ideals of freedom and the politics in the 1980s. He was the first died on the 50th anniversary of the Declaration of Independence. I hope defense of freedom throughout the 8 President to be reelected to a second years of his Presidency. President Rea- that Ronald Reagan will be able some- term since General Dwight D. Eisen- gan’s foreign policy and his strength of day to see the end of his days in as hower. character will not be forgotten. Media-made and media-presented, noteworthy a fashion. Already, how- A recent book, ‘‘Reagan: In His Own President Reagan got millions of ever, he has left such a legacy that it Hand,’’ details the writings of the Americans to feel proud of their Na- is appropriate that we are here to President that we are just now discov- tion. America’s 40-year Cold War with honor him. ering, even late in his life, that we His career, any of his careers, would the Soviet Union cooled considerably, never knew when he was President. An- and perhaps actually ended, during the be remarkable in and of themselves. He other book, ‘‘When Character Was Reagan Presidency. Many Americans was a successful sports announcer. Of King,’’ by Peggy Noonan, includes credit him with having achieved that course, he had a career in pictures. He writings from Ronald Reagan when he significant outcome. was a very successful two-term Gov- was a teenager. He was a remarkable Born the son of a shoe salesman in ernor of California and a very success- individual, the first labor union presi- small-town Illinois, a great State, Rea- ful two-term President of the United dent to become President of the United gan’s impoverished but loving parents States, winning election twice in land- States. instilled in him a sense of optimism slides. If he were here with us today, I say with all of us here, as he said at that carried him through college as an President Reagan would presumably the end of his D-Day speech in Nor- average student. After graduation, he humbly acknowledge that he appre- mandy, we will always remember, Mr. worked for a few years as a sports ciated the birthday wishes on the 52nd President, and we will always be proud. broadcaster in Midwestern radio before anniversary of his 39th birthday. That Happy birthday. landing a film contract with Warner is what it is today. Mr. DAVIS of Illinois. Mr. Speaker, I Brothers which took him to Hollywood When President Clinton was running want to thank the gentleman from in 1936. Over the next 30 years, he made for office, he once said that America California for his kind remarks as well scores of films, including Army films needed a President for the 1990s. Hope as for the introduction of this resolu- produced during World War II. He springs eternal. Perhaps now we could, tion. hosted two popular television series, if we would only repeal the 27th amend- Mr. Speaker, I yield 4 minutes to the and he actively engaged in politics as ment, get a President in his 1990s. We gentleman from New York (Mr. HIN- president of the Screen Actors Guild. would welcome, I think, Ronald CHEY). In the 1950s, President Reagan Reagan back to Washington were it Mr. HINCHEY. Mr. Speaker, I want changed from being a Roosevelt New possible. to join with my friends and colleagues

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.060 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H167 on both sides of the aisle in recognizing for the health, safety, and welfare of Congress and put into place the Eco- the 91st birthday of former President the people in those States, so we will nomic Recovery Tax Act. I am very Ronald Reagan and paying tribute to see similarly responsibilities passed on proud to have voted for that measure, him. I particularly want to associate to local governments and increases in which nearly tripled the flow of reve- myself with the remarks which were local real property taxes. nues to the Federal Treasury. made a few moments ago by the gen- There is a very outstanding Amer- Our friend, the gentleman from Flor- tleman from Illinois. ican philosopher named George Santa- ida (Mr. WELDON) is absolutely right. This is also an opportunity for us as yana, who once made the observation We saw a dramatic increase in social we recognize former President Reagan that those who fail to recognize the spending take place. And, yes, we did to reflect for a few moments on his mistakes of the past will be doomed to see the military buildup; and we all policies and to see if we can find within repeat them. That admonition is par- know how essential that was following them some instructions for us in the ticularly applicable to all of us in this the demise of our military during the present context. Congress as we face these present eco- Carter years. And what did it bring us? It brought b 1345 nomic conditions, a condition where we have gone from anticipated record us, again, the demise of the Evil Em- Having done so, I do find some in- budget surpluses at the Federal level to pire, and I am pleased to see George struction, and I think it could be help- now anticipating substantial and in- Bush using that Reaganistic term once ful to the Members of the House as we creasing budget deficits. again; and we were able to sustain the approach some of the important issues So as we pay tribute to President economic recovery for now literally which are before us today and for the Reagan, let us also recognize the effect decades. And it all started with Ronald rest of this 107th Congress. of the policies that he adopted in tax- Reagan’s vision of reducing that tax One of the first things that President ation and apply those lessons to our burden on working Americans, real- Reagan did when he came into office present condition today. izing that marginal tax rate reduction was to offer a major tax cut, the effects Mr. WELDON of Florida. Mr. Speak- in fact increases the flow of revenues of which were to cut taxes for the most er, I yield myself 30 seconds just to say to the Federal Treasury. affluent people in the country, the that the period during which Ronald Happy birthday, Mr. President. We most financially successful people. He Reagan was President during the 1980s, are very, very privileged to be standing also proposed at the same time a very the Congress engaged in a dramatic in- on your shoulders as we try to pursue substantial increase in the military crease in social spending. It is not to- the policies which you successfully im- budget. tally correct to attribute the deficits of plemented. We find ourselves at this moment the 1980s purely to the defense buildup, Mr. DAVIS of Illinois. Mr. Speaker, I facing a very similar situation: a Presi- but indeed can equally be attributed to yield myself 1 minute. dent having proposed and succeeded in the actions of the Democratic Congress Mr. Speaker, even before Ronald passing a massive tax cut last year, the at the time which engaged in a dra- Reagan was elected Governor of Cali- primary benefits of which went to the matic increase in social spending. The fornia, I think one of the other con- richest people in the Nation, and also Reagan defense buildup was essential tributions that he made was to cause proposing a massive increase in mili- for our winning the Gulf War, it was Americans to take a different look at tary spending. the right thing to do, and the tax cut individuals in the entertainment indus- Now, what were the effects of the was instrumental in lifting us out of a try. I think as a result of Ronald Reagan economic policies, the tax cut recession. Reagan, many entertainers have devel- and increase in military spending? In Mr. Speaker, I yield 2 minutes to the oped far more interest in public policy regard to taxes, the impact was to pass gentleman from California (Mr. decision-making and are more actively the tax-bearing responsibility in our DREIER), the very distinguished chair- engaged and more actively involved in country from the most affluent people man of the Committee on Rules. those processes than before his time. to middle-income and lower-middle-in- (Mr. DREIER asked and was given So in addition to the service he pro- come Americans. In other words, mid- permission to revise and extend his re- vided as an elected official, I think we dle-income and lower-middle-income marks.) have to give him some credit for the working people assumed a larger por- Mr. DREIER. Mr. Speaker, I thank movement away from certain kinds of tion of the tax burden as a result of the my friend for yielding me time. perceptions relative to entertainers. initial Reagan tax cuts, some of which Mr. Speaker, I really cannot believe Mr. Speaker I reserve the balance of were changed and rescinded later on in this. Today is Ronald Reagan’s 91st my time. the Reagan administration. birthday. He is one of the most revered Mr. WELDON of Florida. Mr. Speak- Also the effect was to deny States of individuals to have ever lived. He is the er, it is a privilege for me to yield 31⁄2 substantial amounts of revenue. States person who brought down the Soviet minutes to the gentleman from coastal then passed taxing responsibilities on Union, brought back this amazing Georgia (Mr. KINGSTON). to the localities and increases in local sense of patriotism which we once Mr. KINGSTON. Mr. Speaker, I property taxes occurred across Amer- again are enjoying here in the United thank the gentleman for yielding me ica, in my State, New York, included States, and he focused on what was time, and I thank the gentleman from along with many, many, if not all very important, and that was getting the other side, the gentleman from Illi- other States. the economy going. And we have people nois (Mr. DAVIS), for supporting this We are about to see something very, who now want to re-debate and com- resolution, in that this is not a bipar- very similar here as a result of the eco- pletely rewrite the history of what tisan Republican birthday. It is an nomic policies of the present adminis- took place during the 1980s. American birthday, which we all have tration. The effect of the tax cut which Let us look at what happened. When reverence for the office of the Presi- was passed by this Congress and signed President Reagan came into office, dency. into law by President Bush is having taking over for Jimmy Carter, this As we celebrate Ronald Reagan’s 91st the same and will have increasingly country was, according to Jimmy birthday, we ask ourselves, what is the that same impact. It will cause the tax Carter, in a state of malaise; and Ron- essence of Reagan? Why is this man, so responsibility and increasingly larger ald Reagan almost single-handedly many years out of office, still so spe- burdens to be borne by middle-income turned it around. cial and still so exciting to so many of and lower-middle-income people as the Until 1994, when we won the Repub- us? wealthiest people are relieved of hav- lican majority in the United States Was it the fact that he lived the ing to pay taxes. Congress, we had not had control of American dream, starting out from a Furthermore, the effect of the tax this place since 1981. You can say in very humble beginning, even a broken cuts which were passed by this Con- 1981 the Democrats still controlled this home? He started out as a radio an- gress last year are going to deny States institution, but the fact of the matter nouncer, an athlete, an actor, and then of their ability to pay for the things is Ronald Reagan was able to maintain went on to be a businessman, ulti- that they need to do in order to provide working control of the United States mately a Governor, and President of

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.062 pfrm01 PsN: H06PT1 H168 CONGRESSIONAL RECORD — HOUSE February 6, 2002 the United States. Is that the essence I guess that is the best I can do on That is the kind of person Ronald of Ronald Reagan? this 91st birthday of Ronald Reagan. Reagan was. He won my heart then. He Or was it the fact that when he be- So, happy birthday, Mr. President; was a person who was very kind to came President, it was the policies and God bless America. other people, but he was very tough that we conservatives have wanted for Mr. DAVIS of Illinois. Mr. Speaker, I when it came to policy. so many years: lower taxes, beating in- yield myself such time as I may con- b 1400 flation, less government regulations, sume. creating more jobs? Was that it? Mr. Speaker, I will simply close by He was a principled man. He was a Or was it the fact that he made our suggesting that Ronald Reagan was in- principled man who cared about others. men and women in uniform proud once deed and has been a tremendous inspi- What were his principles that he based more to have that American label as ration to millions of people, notwith- his decisions on that made him a suc- part of their vocation and existence, standing whether you agreed with all cessful person? He believed in personal the pride? of his policies or not. As a matter of responsibility, and he believed that Or was it the fact that he defeated fact, there were many that I disagreed people should keep more of what they the Soviet Union, the Evil Empire? I with. But the reality is that he dem- earn and be able to decide on things have had the opportunity to travel to onstrated that one not need always that were important for their lives, and Bulgaria, Czechoslovakia, Tajikistan, look at where you come from, but what that they should control their own des- Uzbekistan, and to even go to Red is really important is where you are tinies. He felt that government, if we Square. It is amazing to go to these going. So he went from this small town had to turn to government for help, it places today and think about all their in Illinois, the land of Lincoln, to be- should be the government that was years of oppression under a communist come President of the most powerful closest to the people so that it would regime and how they are growing and greatest Nation on the face of the not become isolated from the people young republics and democracies Earth. That is indeed a tribute, and I and bureaucratic and autocratic. today. Is that the essence of Ronald wish for him a happy 91st birthday. So that is why he believed things like Reagan? Mr. Speaker, I yield back the balance education should be run at the local Or was it the fact he was a happy of my time. level, controlled by parents and teach- conservative, never scowling, but al- Mr. WELDON of Florida. Mr. Speak- ers, rather than increasing Federal in- ways talking and making illustrations er, it is my privilege to yield the bal- volvement, which would lead to bu- with stories, like the one about the ance of my time to the gentleman from reaucratic control from Washington. Russian who was going to get a part for California (Mr. ROHRABACHER). He believed America should be a pow- his car, and it was in January, and the Mr. ROHRABACHER. Mr. Speaker, I erful force for freedom in the world, part was going to come June 12th. And first met Ronald Reagan when I was and he knew that for America to be a still in my teens. I had been active in they said, ‘‘That is as soon as we can force in the world and for there to be his first campaign for Governor. Dur- get the part for your car,’’ June 12, 6 peace and freedom anywhere in the ing the primary season we had been months away. He said, ‘‘I cannot see world, America had to be strong. He very active, and we found out that the you June 12.’’ They said, ‘‘Why not?’’ did feel that defense, the military heads of the campaign were going to He said, ‘‘Because that is the day my strength of the United States, and the eliminate Youth for Reagan during the plumber is going to be there.’’ That defense of freedom and our country and general election and have us all work kind of illustration of a story. the peace of our people was the number Or was it that twinkle in his eye? with the adult organization. I felt very one responsibility of the Federal Gov- Was it the fact that he appealed to peo- disturbed about that. We had worked ernment. ple on a bipartisan basis? Was it the so hard; I had hundreds of kids out He, during his time period, was casti- fact that in my area blue collar Demo- passing out leaflets for him. So I de- gated. Just because we are celebrating crats switched over to vote Republican, cided to go see him myself. his 91st birthday and most people are not to vote Republican necessarily to I hiked up to his home at Pacific saying good things about him, the fact become Republicans, but because they Palisades at 3 o’clock in the morning is that he is 91 years old today and he believed in Ronald Reagan, that he put and camped out on his lawn in a sleep- does deserve that praise, but when he America above party? ing bag. About 7 o’clock in the morn- Or was it the grandeur that he re- ing, Nancy stuck her head out the door was President of the United States, he turned to the White House, that he and and says, ‘‘Who are you?’’ I had a little was vilified regularly by people who Nancy brought back a kind of stately sign that said ‘‘Ronald Reagan, please just did not believe in the things that style and fashion when they came back speak to me.’’ he believed in, but they tried to make that showed they were ready to lead Nancy says, ‘‘You know, my husband, him into a warmonger and a person the new world, or was it that natural if he comes out to talk to you, I know with a bad heart. style of relaxed attitude and optimism? that he is going to spend 5 or 10 min- Now, we should be able to disagree, I think, Mr. Speaker, on this 91st utes with you. He will be late for the and I never heard Ronald Reagan call birthday of Ronald Reagan, it was all rest of the day; he won’t be able to anybody a name. The fact is we should of the above. have his breakfast. If you will go to the be able to disagree on policy and be- I know he was very inspirational to campaign headquarters, I will get you lieve in the goodness of each other. me as a college student. When I first a meeting with the top person in the Ronald Reagan did have a good heart, ran for the State legislature in 1984, campaign. I have to protect my hus- but his policies were right. The fact is my wife, Libby, and I had the oppor- band, you see.’’ his low tax policy is what started the tunity to meet him in person; and he I said, well, how can you argue with economic recovery of this country, was truly somebody who urged all of that? So I started walking down that which was in a shambles before Ronald Americans to get off your duff and long driveway in Pacific Palisades Reagan became President. It ignited start running for office and participate dragging that sleeping bag. Behind me this rocket and in about January of in public policy. I heard these footsteps, and there was 1993, which is exactly when the final Libby and I still love him and have Ronald Reagan. His shirt was half off, phase of his tax cuts came in, and the great affection for him. In fact, I told he had the shaving cream on his face. recovery has not stopped since then. It my wife, Libby, I have said this before He was going, ‘‘Wait a minute, wait a faltered a little bit in 1992. So Ronald on the floor, ‘‘Libby, you like Ronald minute. If you can spend the night on Reagan’s policy started, ignited this, Reagan so much, you talk about him, my back lawn, I can certainly spend a the greatest and the longest period, you praise him, you say he is the kind few minutes with you. Now, what is the and we are enjoying it. of politician that I should be; in fact I problem?’’ This is, right now, the final phase of am a little jealous, my dear wife. I Ronald Reagan listened to me, and I that Ronald Reagan prosperity. The think you like Ronald Reagan better do not know if that is what saved the only other time the economy went than you like me.’’ And she said, ‘‘Yes, day, but the Youth for Reagan never down even a little was in 1992, and then but I like you better than I like George was eliminated. We worked in the cam- it shot right back. It was just a mo- Bush.’’ paign as our Youth for Reagan unit. mentary faltering.

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.064 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H169 What about peace in the world? Ron- ment and renewed our commitment to indi- his heart with passionate words, words that ald Reagan was vilified as a war- vidual liberty and entrepreneurship. Through resonate in people’s hearts and minds for gen- monger. People on the other side of the Ronald Reagan’s resolve and inspiration we erations to come. aisle in this body would try to under- fought and defeated one of history’s greatest When I think of President Reagan, I think of mine his efforts to prevent Communist threats to the sanctity of the individual human how important it is to work hard with deter- expansion in Latin America, under- spirit not on a world-destroying nuclear battle- mination. He re-ignited American patriotism, mine his efforts to try to be firm with field, but on the economic and cultural battle- and what it means to be an American. He Gorbachev and the Soviet leaders in field. taught us that education is the foundation for bringing down the level of missiles Today, we stand one quarter of the way into a successful future, and that everyone has the rather than just freezing the high level the 100-year future that Ronald Reagan opportunity to achieve his or her dreams. He of nuclear weapons we had, and, in the looked into in 1976. The challenges before us made us understand why everyone, no matter end, Ronald Reagan was able to end the are new, but no less daunting than they were what background, can be a hero. Reagan also Cold War, which permitted us to de- in 1976. The sanctity of the individual human helped us remember that the purpose of gov- crease military spending in these last spirit is again under attack by people who ernment is to serve the people, not the other 15 years. It was that investment he made a human and cultural wasteland of one way around, and that we should cherish our made, the good policies he had, but it country and would do the same to the entire freedom because not every nation guarantees was his principle and his strength of world if they acquired the means. it. character that carried the day for this As we go forward in our war on terrorism let As a former high school teacher, I have long country. us pause for a moment today and thank Ron- believed that history is what makes us remem- So God bless you, Ronald Reagan. We ald Reagan for ensuring that America took the ber our past so that we can fully understand know that you have Alzheimer’s dis- hard path of freedom and responsibility. Let us who we are and why. President Reagan often ease and you probably cannot under- remember that our greatest and most effective stressed the importance of history because he stand what we are saying, and you may weapons are not always the military might that also believed that by learning from our past, not remember me, but we will never President Reagan so staunchly advocated, but we could better appreciate our forefathers who forget you. the entrepreneurship and economic power of sacrificed their lives to preserve the freedom Mr. PUTNAM. Mr. Speaker, distinguished the individual that he so vigorously defended. that we have here in America today. colleagues, today is President Ronald Rea- And let us renew our commitment to keep I want to commend President Bush for his gan’s 91st birthday. Please join me in wishing America ‘‘the shining city on a hill’’ that pro- actions in making President Reagan’s boy- Mrs. Reagan the very best today and express- vided Ronald Reagan with inspiration through- hood home a National Historic Site by signing ing to her, and the President, the gratitude of out his life and provides all mankind with a the bill into law today. As the author of this freedom-loving peoples everywhere for his beacon of hope and freedom. legislation and the Congressman who rep- service to our Nation and the cause of liberty. May God Bless President and Mrs. Reagan resents the little hamlet of Dixon, IL, where On September 1, 1976, Ronald Reagan de- and May God Bless America. Ronald Reagan grew up, I could not be more livered a radio address entitled ‘‘Shaping the Mr. JEFF MILLER of Florida. Mr. Speaker, proud. There will now be a lasting, living leg- World for 100 Years to Come.’’ In this brief it is my honor today to pay tribute to a true acy to our 40th President who won the cold address the future President defined the chal- American patriot on his 91st birthday, Presi- war and returned America to greatness in the lenges that lay before the American people as dent Ronald Reagan. As we in Congress late 20th century. a choice between individual freedom or state wrestle with the Defense budget, I recall the With the preservation of Reagan’s boyhood control of our very lives. words of Ronald Reagan when he submitted home, we are protecting American history and At that time in the life of our country it his Presidential budget. He said, paying tribute to a good man and great Presi- wasn’t at all clear that the American people We start by considering what must be done dent who truly believed in American values, would continue to choose the path of indi- to maintain peace and review all the possible American principles, and most of all, the vidual freedom, with all its perils and respon- threats against our security. Then a strategy American spirit. sibilities, over the comforts of a paternalistic for strengthening peace and defending President Reagan, congratulations on the against those threats must be agreed upon. government. And, finally, our defense establishment must 52nd anniversary of your 39th birthday. God- It seemed that as government grew, indi- be evaluated to see what is necessary to pro- speed. vidual liberty shrank. As taxes grew, personal tect against any or all of the potential Mrs. BIGGERT. Mr. Speaker, I rise in strong initiative was discouraged and the entrepre- threats. The cost of achieving these ends is support of H.J. Res. 82, a bill honoring former neurial American spirit was being stifled by a totaled up, and the result is the budget for President Ronald Reagan on the occasion of government that no longer seemed to be of national defense. his 91st birthday. the people, by the people and for the people. Mr. Speaker, as we debate on the proper Ronald Reagan holds a special place in the Just as he called Americans to take charge amount for the defense of our Nation, the hearts and minds of the citizens of northern Il- of their individual destinies that day Ronald greatest tribute we can pay to Ronald Reagan linois. Many believe that President Reagan Reagan also spoke of the international chal- is to build on the strong defense foundation was a Californian. But his core values and lenges facing our country, in particular the hor- that he laid and provide our military the fund- bold conservatism were the product of a child- rible threat of nuclear war. He reflected on the ing and resources to defend the Constitution hood in Illinois. beauty of the world he knew and challenged and protect the values under which this great Ronald Reagan continues today to serve as the Americans of 1976 to avoid a nuclear Ar- Nation was founded. a model of optimism and hope. In his very first mageddon, and still pass on to future genera- Mr. HASTERT. Mr. Speaker, today, as we inaugural address, President Reagan set the tions a world of beauty, peace, prosperity, and commemorate President Ronald Reagan’s tone for his 8 years in office when he pro- the ultimate in personal freedom. 91st birthday, we remember the significant im- claimed that, ‘‘no arsenal or no weapon in the In 1976 Ronald Reagan saw that America, pact he had on our lives here in America. arsenals of the world is so formidable as the and Americans, were faced with several his- When our country was struggling through the will and moral courage of free men and toric choices. We could choose the hard road cold war and a suffering economy, he had the women.’’ During these challenging times for of individual liberty and personal freedom, or ability to lead us with courage and hope, not our Nation, President Reagan’s words seem we could choose the easy road of government fear or disappointment. When he gave his first even more relevant today. paternalism. We could choose the clear road inaugural speech in January 1981, he said, ‘‘I President Reagan truly was the ‘‘Great of Mutually Assured Nuclear Destruction or we do not believe in a fate that will fall on us no Communicator.’’ One of my favorite lines of could choose the unclear path of fighting—and matter what we do. I do believe in a fate that his was when he said that the best view of big defeating—our enemies on the economic and will fall on us if we do nothing.’’ These words government is in the rear view mirror as you’re cultural battlefield. In 1980 Americans made alone explain the perseverance that Reagan driving away from it. Throughout his presi- their choice, and elected Ronald Reagan the possessed throughout his presidency. These dency, Reagan used his trademark humor and 40th President of the United States. words also taught Americans that it is impor- wit to unite a nation, end the cold war, and re- Today, all Americans, and indeed freedom- tant not to give up during difficult times. store prosperity. He championed the notion of loving people throughout the world, reap the The Great Communicator is a title that we individual responsibility and accountability. benefits of that choice. President Reagan led all remember him by. He earned this name And most importantly, he made people feel the American people down the hard road of because of the way he conveyed his mes- good about being proud of our great Nation. reducing the growth of the Federal Govern- sages to all people, because he spoke from President Reagan once said that he would like

VerDate 11-MAY-2000 23:55 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\K06FE7.066 pfrm01 PsN: H06PT1 H170 CONGRESSIONAL RECORD — HOUSE February 6, 2002 to go down in history as the President who The question was taken. (2) extends it deepest condolences to the made Americans believe in themselves again. The SPEAKER pro tempore. In the family of Jack Shea and to the Olympic I believe that he has. opinion of the Chair, two-thirds of community on their loss. On behalf of a grateful Nation, Happy 91st those present have voted in the affirm- The SPEAKER pro tempore. Pursu- Birthday, President Reagan. ative. ant to the rule, the gentleman from Mr. CRANE. Mr. Speaker, today we honor a Mr. WELDON of Florida. Mr. Speak- Florida (Mr. WELDON) and the gen- man who has had a profound impact on the er, on that I demand the yeas and nays. tleman from Illinois (Mr. DAVIS) each lives of us all, a positive impact that has had The yeas and nays were ordered. will control 20 minutes. a reverberating positive effect, not just here in The SPEAKER pro tempore. Pursu- The Chair recognizes the gentleman the United States, but worldwide. ant to clause 8 of rule XX and the from Florida (Mr. WELDON). In the past I have taken time on this floor to Chair’s prior announcement, further GENERAL LEAVE expound at length upon many of President proceedings on this motion will be Mr. WELDON of Florida. Mr. Speak- Reagan’s achievements. He more than fulfilled postponed. er, I ask unanimous consent that all his pledge to help restore ‘‘the great, confident f Members may have 5 legislative days roar of American progress, growth, and opti- RECOGNIZING AND HONORING within which to revise and extend their mism’’ and ensure renewed economic pros- JACK SHEA, OLYMPIC GOLD remarks on H. Res. 340. perity. MEDALIST IN SPEED SKATING, The SPEAKER pro tempore. Is there Today I simply want to pay tribute to the FOR HIS MANY CONTRIBUTIONS objection to the request of the gen- man who has left his permanent stamp on the TO THE NATION AND TO HIS tleman from Florida? course of history. We salute that gentleman COMMUNITY THROUGHOUT HIS There was no objection. who has turned 91 today and pay tribute to LIFE Mr. WELDON of Florida. Mr. Speak- er, I yield myself such time as I may him. Mr. WELDON of Florida. Mr. Speak- God bless you, President Reagan. We are consume. er, I move to suspend the rules and Mr. Speaker, I am pleased to have all eternally grateful for that unprecedented agree to the resolution (H. Res. 340) the House consider House Resolution role that you played in our national experience recognizing and honoring Jack Shea, 340. I commend my distinguished col- and it will never be forgotten. Olympic gold medalist in speed skat- league, the gentleman from New York Mr. GIBBONS. Mr. Speaker, today, our 40th ing, for his many contributions to the (Mr. SWEENEY), for introducing it. This President, Ronald Reagan, is celebrating his Nation and to his community through- resolution recognizes the enduring con- 91st birthday. I want to wish this Great Amer- out his life. ican a peaceful birthday and to thank him for The Clerk read as follows: tributions, heroic achievements, and his leadership which has endured well beyond dedicated work of Jack Shea. H. RES. 340 his years in the White House. Mr. Shea died on Tuesday, January Whereas John ‘‘Jack’’ Amos Shea was born 22, 2002 at the age of 91 from injuries in Ronald Reagan rekindled our nation’s patri- September 7, 1910, in Lake Placid, New York, otism and pride. Today, as we continue to a village in the Adirondack Mountains; a car accident a few blocks from his wage a war against terrorism—a war against Whereas Shea was the son of James Shea, home. The driver of the car that hit those individuals who jeopardize our freedoms a New York State Assemblyman, and Grace Jack Shea’s car was charged with driv- and liberties—the confidence Ronald Reagan Shea; ing while intoxicated and other counts. had in the American spirit provides every one Whereas at the age of 3 Jack began ice Mr. Speaker, Jack Shea devoted his of us with the strength and will to see this war skating and by the age of 10 he was com- life to living the Olympic ideal and to its rightful end—to victory. peting in speed skating; passing his inspiration and knowledge In the 106th Congress, I was proud to intro- Whereas Shea was the North American to younger generations. At 22, Jack speed skating champion in 1929 and 1930; duce legislation to award the Congressional Whereas at the age of 21 Shea entered the Shea won gold medals in speed skating Gold Medal to Ronald Reagan and his wife, 1932 Winter Olympics in Lake Placid, New in both the 500 meter and the 1,500 Nancy. This legislation was signed into law York, during which he won the gold medal in meter events in front of his hometown and the award will stand as a fitting tribute to speed skating for both the 500 meter and the crowd at the 1932 Winter Olympics in the commitment and dedication the Reagans 1,500 meter events; Lake Placid, New York. With this ac- have had to this nation. Whereas Shea was elected to the Speed complishment, he became the first dou- As President, Ronald Reagan was dedi- Skating Hall of Fame, was among the first ble gold medalist in Winter Olympic cated to encouraging economic growth, recog- group of honorees elected to the Lake Placid history. Hall of Fame, and received numerous other Later Jack Shea recalled, ‘‘When I nizing the value of hard work, and sparking honors from the speed skating community; hope and pride among Americans. Whereas after graduating from Dartmouth stood on the dais to get the gold medal He believed that ‘‘everyone can rise as high College with a degree in political science, and I heard the national anthem of the and as far as their ability will take them.’’ This Shea served as the town justice of North United States, how proud I was to rep- principle became a guiding creed of Reagan’s Elba, New York, from 1958 to 1974, after resent my country, my community, my Presidency, as he successfully turned the tide which he became the town supervisor until father, and mother.’’ of public cynicism and sparked a national re- his retirement in 1983; Jack Shea not only promoted the newal. Whereas Shea was a member of the Execu- Olympic ideal of peace, he lived that President Reagan fulfilled his pledge to re- tive Committee of the 1980 Lake Placid ideal. He had a chance to win more Olympic Organizing Committee; store ‘‘the great, confident roar of American Whereas in 1982 Shea was appointed to Olympic medals at the 1936 winter progress, growth, and optimism.’’ During his serve as vice chairman of the Olympic Re- games in Germany, but Lake Placid presidency, Americans once again believed in gional Development Authority; had a large Jewish community whose the American Dream. Whereas Shea was a loving husband to his rabbi asked him not to take part in an Today, as we face a great evil, we build wife of 67 years, Elizabeth Steams Shea, and event linked with Hitler’s Germany. upon this ‘‘confident roar’’ and find solace in had 4 sons and several grandchildren and Jack Shea honored that request. Ronald Reagan’s everlasting faith in America great-grandchildren; and Back troubles kept Mr. Shea from and her people. Whereas Shea’s son Jim competed in the skating much after the 1950s. However, 1964 Winter Olympics in Innsbruck, Austria, Thank you Mr. President for your inspiration and his grandson Jim Jr. will compete in the he continued to serve the Olympics and and leadership which continues to guide our 2002 Winter Olympics in Salt Lake City, the Lake Placid area. He served as the nation and which will help us to protect our Utah: Now, therefore, be it town justice of North Elba, New York, freedoms and liberties in the twenty-first cen- Resolved, That the House of from 1958 to 1974. He then became the tury. May you have a peaceful and relaxing Representatives— town’s supervisor and remained in that birthday and God bless. (1) recognizes and honors Jack Shea, Olym- position until his retirement in 1983. The SPEAKER pro tempore (Mr. pic gold medalist in speed skating, for his Jack Shea also served on the execu- many contributions to the Nation and to his LAHOOD). The question is on the mo- tive committee of the 1980 Lake Placid community throughout his life, and for tran- tion offered by the gentleman from scending the sport of speed skating and be- Organizing Committee. He realized his Florida (Mr. WELDON) that the House coming a symbol of athletic talent and a role personal quest to bring the Winter suspend the rules and pass the joint model as a loving husband, father, and Olympic games back to Lake Placid. resolution, H.J. Res. 82. grandfather; and When speaking about the winter games

VerDate 11-MAY-2000 03:34 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.017 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H171 held in 1980 at Lake Placid, Mr. Shea the Shea family was the first to have So I am particularly proud and ex- said, ‘‘I felt I would like to accomplish three generations of Winter Olympians. cited about the idea that we have been one more medal, to bring the Olympics Jack’s son Jim participated in three able to come forward today as a body back to Lake Placid.’’ He accomplished skiing competitions at the 1964 Winter to recognize the great achievements of that goal. Olympics in Innsbruck. His grandson, Jack Shea. In a couple of days, Jack Jack Shea was a member of the first Jim Shea, Jr., has qualified for the up- Shea would have been in Salt Lake family with three generations of Olym- coming Salt Lake City games. City lighting the cauldron to begin the pians and, at 91, was the winter games’ Jack Shea’s life was best summed up Winter Olympics. But unfortunately oldest living gold medalist. Mr. Shea by his son Jim who said, ‘‘For 70 years, and sadly, that is not to be what hap- and his wife of 67 years Elizabeth had he was proud to be an Olympian. He pens now. four sons and several grandchildren was the chief of our family and loved What is to happen now, though, as and great-grandchildren. His son, Jim what the Olympics stood for, to pro- his grandson Jimmy Shea will partici- Shea, Sr., was a Nordic skier in the 1964 mote peace through friendly competi- pate and represent our great Nation in winter games. His grandson, Jim Shea, tion.’’ these winter games, having trained so Jr., will continue this tradition by Mr. Speaker, I, too, am proud to diligently and so hard and learned so competing in the skeleton event at the honor this great life today, and I urge many lessons from his grandfather and 2002 Winter Olympics in Salt Lake that we continue to work towards fur- his father, also an Olympian from the City. ther reduction of driving while under 1964 Winter Olympics in Innsbruck, The Olympic games were obviously the influence of alcohol so that others that that spirit will continue forward an important part of Jack Shea’s life. may never have their lives taken by a and will be seen by the entire world When the Olympic torch relay came drunk driver. Yes, Jack Shea was a and exemplified in the entire world in through his village on its way to Salt great life, a great soul, a tremendous the competition that is going to be un- Lake City, Mr. Shea carried the flame legacy, and I am pleased to join in hon- dertaken in Salt Lake. So I would call into the Olympic speed skating oval oring him today. on all of our citizens to recognize the Mr. Speaker, I yield back the balance where he won his gold medals and ig- accomplishments of Jack Shea by root- of my time. nited the cauldron. Three weeks later ing real hard for Jimmy Shea as he en- Mr. WELDON of Florida. Mr. Speak- at his funeral, his grandson carried deavors to win a medal in the United er, I yield 5 minutes to the distin- States Olympic skeleton team. that same torch. guished gentleman from New York (Mr. As Father J. Michael Gaffney said SWEENEY), the author of this piece of b 1415 about Jack Shea, ‘‘Jack took life and legislation. I would further call on our colleagues made something of it. He had an im- Mr. SWEENEY. Mr. Speaker, I thank to support this resolution whole- pact. People knew that he lived. That the gentleman. I rise today to pay trib- heartedly as a symbol of our great sup- kind of stuff you can’t kill. It lives for- ute to a great man from my district port for a great man with a great life. ever.’’ and a great friend, Jack Shea. I do so Mr. Speaker, I yield 4 to the gen- Mr. Speaker, it is appropriate that proudly as the chief sponsor of this res- tleman from California (Mr. DREIER). the House recognize the dedicated work olution. Mr. DREIER. Mr. Speaker, I thank and outstanding accomplishments of As the previous speakers have noted, my friend for yielding me time. I rise Mr. Jack Shea today and extend condo- Jack Shea was really an American to compliment our distinguished col- lences to his family. He improved the treasure, as are all of the members of league, the gentleman from New York lives of many by not just speaking his family. They have participated so (Mr. SWEENEY), for moving forward about ideals, but by living those ideals greatly and so importantly in the with this very important measure. that he promoted. Olympic movement in the United It was 4 years ago this month that I Mr. Speaker, I urge all Members to States, not just in the United States, had the opportunity to meet Jack support this resolution. but throughout the world. Jack Shea, Shea; and the gentleman from Illinois Mr. Speaker, I reserve the balance of in 1932, in a real come-from-behind, un- (Mr. DAVIS) and the gentleman from my time. derdog story, captured two Olympic Florida (Mr. WELDON) and the gen- Mr. DAVIS of Illinois. Mr. Speaker, I speed skating gold medals, and he em- tleman from New York (Mr. SWEENEY) yield myself such time as I may con- bodied the spirit and the will and the have all talked about the fact that 7 sume. determination of the Olympic move- decades ago, exactly 7 decades ago Mr. Speaker, I am pleased to join ment and the goodwill that is projected Jack Shea became the first American with the gentleman from Florida in from that. to win two gold medals. I had known of consideration of this resolution. Jack It is at a very difficult time and a him and had the chance to meet him, Shea was an Olympic gold medalist, very tragic time that we lose Jack as I said, 4 years ago this month. both on and off his ice skates. His Shea. He was 91 years young, but one He had a tremendous impact on me death came just 17 days before we are would not know that. Last week a personally. I know that many of my about to begin another Olympic cele- group of Members of Congress and peo- colleagues remember this well because bration, and we are truly saddened. ple from the administration went up to I suffered for a while after having met However, we are here today to honor a Lake Placid, New York, to participate him because it was Jack Shea who en- great life and a great man. in an annual event that we have, an couraged me to actually take the Skel- John ‘‘Jack’’ Amos Shea was born Olympic challenge that is meant to eton Run at Lake Placid, and it was an September 7, 1910, in Lake Placid, New bring people together, to highlight the experience that I shall never forget. York. By age 3 he was on ice skates, importance of Lake Placid in the And Jim Shea, Sr., Jack’s son, encour- and by age 10 he was already competing Olympic movement in terms of our Na- aged me to simply say I wanted to ride in speed skating. In 1929, while he was tion’s history and what it provides for the Skeleton sled to the team of men still in high school, he won the North us in terms of character, and Jack who were putting us on to the bob sled American speed skating championship. Shea ironically was to be our principal run, but it was Jack Shea who told me In 1930, he captured the title again. speaker at our banquet on Saturday that I should actually take the Skel- Two years later, he honored his home- evening as we recognized the achieve- eton Run. And it was an unbelievable, town of Lake Placid by winning the 500 ments of all of those who participated. an unbelievable experience; and one meter and 1,500 meter events at the Unfortunately, obviously, Jack was un- that I, as I said, shall never forget. Lake Placid Winter Olympics. He again able to be part of that event. But his He was an individual who inspired so honored Lake Placid through his suc- grandson, Jimmy Shea, Jr., broke from many of us, and we have been fortunate cessful efforts to have the 1980 Winter his training, training that is so critical to see that television commercial that Olympics return to Lake Placid. and important at this point, and deliv- has been running in which we could see Jack Shea’s Olympic successes ered a speech on his behalf, as did his how articulate and thoughtful he was. earned him the distinction of becoming son Jim, with the message that we I remember the great interview that the first person in Winter Olympic his- must go on, and that is how Jim Shea I saw just the other day after the trag- tory to earn two gold medals. In fact, wanted it. ic accident that took his life, when he

VerDate 11-MAY-2000 03:34 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.068 pfrm01 PsN: H06PT1 H172 CONGRESSIONAL RECORD — HOUSE February 6, 2002 talked about how he was able to shed a The SPEAKER pro tempore. Is there Cramer Hunter Northup Crane Hyde Norwood tear over the fact that his grandson objection to the request of the gen- Crenshaw Inslee Nussle would be the first of a third-generation tleman from Wisconsin? The Chair Crowley Isakson Oberstar Olympian. Four years ago the Skeleton hears none and, without objection, ap- Culberson Israel Obey Run was not established as an Olympic points the following conferees: Cummings Issa Olver Cunningham Istook Ortiz sport, and I know that it took a valiant From the Committee on the Judici- Davis (CA) Jackson (IL) Osborne effort on behalf of the Shea family and ary, for consideration of the House bill Davis (FL) Jackson-Lee Ose others to ensure that it would be an and the Senate amendment, and modi- Davis (IL) (TX) Otter Davis, Jo Ann Jenkins Owens Olympic sport. And so I just want to fications committed to conference: Deal John Pallone say again, as I did the day after we got Messrs. SENSENBRENNER, HYDE, GEKAS, DeFazio Johnson (CT) Pascrell this news, that our thoughts and pray- COBLE, SMITH of Texas, GALLEGLY, CON- DeGette Johnson (IL) Pastor ers go with the Shea family, although YERS, FRANK, SCOTT, and Ms. BALDWIN. Delahunt Johnson, Sam Paul DeLauro Jones (NC) Payne I know that it is not necessary, be- Provided that Mr. BERMAN is ap- DeLay Jones (OH) Pelosi cause they are so proud, so proud of pointed in lieu of Ms. BALDWIN for con- DeMint Kanjorski Pence their father and grandfather. sideration of section 312 of the Senate Deutsch Kaptur Peterson (MN) I have been privileged over the past 4 Diaz-Balart Keller Peterson (PA) amendment, and modifications com- Dicks Kelly Petri years to call the Shea family friends, mitted to conference. Dingell Kennedy (MN) Phelps and I do want to say that I hope very From the Committee on Energy and Doggett Kennedy (RI) Pickering much that Jimmy is a big winner when Commerce, for consideration of sec- Dooley Kerns Pitts Doolittle Kildee Platts we see at the end of this week the tions 2203 through 2206, 2208, 2210, 2801, Doyle Kilpatrick Pombo Olympic games begin. And I know it is 2901 through 2911, 2951, 4005, and title Dreier Kind (WI) Pomeroy set for the 20th and 21st, our colleague, VIII of the Senate amendment, and Duncan King (NY) Portman the gentleman from New York (Mr. Dunn Kingston Price (NC) modifications committed to con- Edwards Kirk Pryce (OH) SWEENEY) has told me; and I can hardly ference: Messrs. TAUZIN, BILIRAKIS, and Ehlers Kleczka Putnam wait, whether I am there or watching DINGELL. Ehrlich Knollenberg Quinn it on television, to see that wonderful From the Committee on Education Emerson Kolbe Radanovich Engel Kucinich Rahall victory; and we know that no one, no and the Workforce, for consideration of English LaFalce Ramstad one will be enjoying seeing Jimmy sections 2207, 2301, 2302, 2311, 2321 Eshoo LaHood Rangel Shea take that Skeleton Run more through 2324, and 2331 through 2334 of Etheridge Lampson Regula than Jack Shea. Evans Langevin Rehberg the Senate amendment, and modifica- Everett Lantos Reyes Mr. WELDON of Florida. Mr. Speak- tions committed to conference: Messrs. Farr Largent Reynolds er, I yield myself such time as I may HOEKSTRA, CASTLE, and GEORGE MILLER Fattah Larsen (WA) Rivers consume. of California. Ferguson Larson (CT) Rodriguez Filner Latham Roemer Mr. Speaker, I again congratulate There was no objection. Flake LaTourette Rogers (KY) the distinguished gentleman from New Fletcher Leach Rogers (MI) f York (Mr. SWEENEY) for introducing Foley Levin Rohrabacher this resolution and working so hard to Forbes Lewis (CA) Ros-Lehtinen RECOGNIZING THE 91ST BIRTHDAY Ford Lewis (GA) Ross bring it to the floor. I also want to OF RONALD REAGAN Frank Lewis (KY) Rothman thank the gentleman from Indiana (Mr. Gallegly Linder Roybal-Allard BURTON), chairman of the Committee The SPEAKER pro tempore. The Ganske Lipinski Royce on Government Reform, and the gen- pending business is the question of sus- Gekas LoBiondo Rush pending the rules and passing the joint Gephardt Lofgren Ryun (KS) tleman from California (Mr. WAXMAN), Gibbons Lowey Sabo the ranking member, for expediting its resolution, H.J. Res. 82. Gilchrest Lucas (KY) Sanchez consideration. The Clerk read the title of the joint Gillmor Lucas (OK) Sandlin resolution. Gilman Lynch Sawyer I ask all Members to support this res- Gonzalez Maloney (CT) Saxton olution to express our condolences on The SPEAKER pro tempore. The Goode Maloney (NY) Schaffer Jack Shea’s death and honor his life question is on the motion offered by Goodlatte Manzullo Schakowsky and achievements. the gentleman from Florida (Mr. Gordon Markey Schiff WELDON) that the House suspend the Goss Mascara Schrock Mr. Speaker, I have no further re- Graham Matheson Scott quests for time, and I yield back the rules and pass the joint resolution, H.J. Granger Matsui Sensenbrenner balance of my time. Res. 82, on which the yeas and nays are Graves McCarthy (MO) Serrano ordered. Green (TX) McCarthy (NY) Sessions The SPEAKER pro tempore (Mr. Green (WI) McCollum Shadegg LAHOOD). The question is on the mo- The vote was taken by electronic de- Greenwood McCrery Shays tion offered by the gentleman from vice, and there were—yeas 408, nays 0, Grucci McGovern Sherman Florida (Mr. WELDON) that the House answered ‘‘present’’ 4, not voting 23, as Gutierrez McHugh Sherwood follows: Gutknecht McInnis Shimkus suspend the rules and agree to the reso- Hall (OH) McIntyre Shows lution, H. Res. 340. [Roll No. 11] Hall (TX) McKeon Shuster The question was taken; and (two- YEAS—408 Hansen McKinney Simmons Harman McNulty Simpson thirds having voted in favor thereof) Abercrombie Berry Camp Hart Meehan Skeen the rules were suspended and the reso- Ackerman Biggert Cannon Hastert Meek (FL) Skelton lution was agreed to. Aderholt Bilirakis Cantor Hastings (FL) Meeks (NY) Smith (MI) A motion to reconsider was laid on Akin Bishop Capito Hastings (WA) Menendez Smith (NJ) Allen Blumenauer Capps Hayes Mica Smith (TX) the table. Andrews Blunt Capuano Hayworth Millender- Smith (WA) f Armey Boehlert Cardin Hefley McDonald Snyder Baca Bonilla Carson (IN) Herger Miller, Dan Solis APPOINTMENT OF CONFEREES ON Bachus Bonior Carson (OK) Hill Miller, Gary Souder H.R. 2215, 21ST CENTURY DE- Baird Boozman Castle Hilleary Miller, George Spratt Baker Borski Chabot PARTMENT OF JUSTICE APPRO- Hilliard Miller, Jeff Stearns Baldacci Boswell Chambliss Hinchey Mink Stenholm PRIATIONS AUTHORIZATION ACT Baldwin Boucher Clay Hinojosa Mollohan Strickland Ballenger Boyd Clayton Mr. SENSENBRENNER. Mr. Speak- Hobson Moore Stump Barcia Brady (PA) Clement Hoeffel Moran (KS) Stupak er, I ask unanimous consent to take Barr Brady (TX) Clyburn Hoekstra Moran (VA) Sununu from the Speaker’s table the bill (H.R. Barrett Brown (FL) Coble Holden Morella Sweeney 2215) to authorize appropriations for Bartlett Brown (OH) Collins Holt Murtha Tancredo Barton Brown (SC) Combest Honda Myrick Tanner the Department of Justice for fiscal Bass Bryant Condit Hooley Nadler Tauscher year 2002, and for other purposes, with Becerra Burr Conyers Horn Napolitano Tauzin a Senate amendment thereto, disagree Bentsen Burton Cooksey Houghton Neal Taylor (MS) Bereuter Buyer Costello to the Senate amendment and agree to Hoyer Nethercutt Taylor (NC) Berkley Callahan Cox Hulshof Ney Terry the conference asked by the Senate. Berman Calvert Coyne

VerDate 11-MAY-2000 03:34 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.070 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H173 Thomas Udall (NM) Weiner I rise in support of S. 1026, legislation Mr. Speaker, S. 1026 is an identical Thompson (CA) Upton Weldon (FL) Thompson (MS) Velazquez Weller designating the United States Post Of- bill I introduced in the House naming Thornberry Visclosky Wexler fice located at 60 Third Avenue in Long the Long Branch post office after Pat Thune Vitter Whitfield Branch, New Jersey, as the Pat King King. I cannot express how important Thurman Walden Wicker Post Office Building. However, I would this is not only to Sergeant King and Tiahrt Walsh Wilson (NM) Tiberi Wamp Wolf like to ask the gentleman from Florida his wife, but to the entire Long Branch Tierney Waters Woolsey for further comments. Police Force and to the community. Toomey Watkins (OK) Wu Mr. WELDON of Florida. Mr. Speak- Officer King was only 45, and he was Towns Watt (NC) Wynn er, will the gentleman yield? the most decorated police officer in the Turner Watts (OK) Young (FL) Mr. DAVIS of Illinois. Further re- Udall (CO) Waxman history of the city of Long Branch. serving the right to object, I yield to By passing this bill we not only pay ANSWERED ‘‘PRESENT’’—4 the gentleman from Florida. tribute to him, but we honor all the po- Johnson, E.B. Stark Mr. WELDON of Florida. I thank the lice officers across the country that Lee Watson (CA) gentleman for yielding. have died in the hands of vicious crimi- NOT VOTING—23 Mr. Speaker, S. 1026, introduced by nals. And if there is any year that we Blagojevich Hostettler Sanders the distinguished Senator from New can truly appreciate the contributions Boehner Jefferson Shaw Jersey ROBERT TORRICELLI, designates of police and firemen, it is certainly Bono Luther Slaughter the facility of the United States Postal this year. Cubin McDermott Traficant Service located at 60 Third Avenue in Davis, Tom Oxley Weldon (PA) Mr. Speaker, for a police officer the Fossella Riley Wilson (SC) Long Branch, New Jersey, as the Pat mere act of donning a uniform makes Frelinghuysen Roukema Young (AK) King Post Office Building. A bill for Frost Ryan (WI) him an immediate target for sick and the same purpose was introduced by criminal minds. Each call presents b 1447 my distinguished colleague, the gen- dangers and threats we cannot begin to tleman from New Jersey (Mr. FRANK imagine. It is my hope that in naming So (two-thirds having voted in favor PALLONE). the post office after Pat King, we will thereof) the rules were suspended and Mr. Speaker, Detective Sergeant Pat be paying to tribute to individuals so the joint resolution was agreed to. King was the most decorated police of- The result of the vote was announced ficer in Long Branch, New Jersey’s his- dedicated to their fellow human beings as above recorded. tory. Tragically, he was killed in the that they are willing to die to protect A motion to reconsider was laid on line of duty by a career criminal from our security. It is a way to honor the the table. out of State in November of 1997. Pat bravery and unselfishness of our men Stated for: King is survived by his wife Maureen and women in uniform. It is a way to Mr. WILSON of South Carolina. Mr. Speak- and two sons. remind young people that dedicating a er, on rollcall No. 11 I was unavoidably de- I urge adoption of S. 1026, and I thank career to helping others is a path deep- tained. Had I been present, I would have the gentleman for yielding. ly admired by their community. voted ‘‘yea.’’ Mr. DAVIS of Illinois. Mr. Speaker, To Pat’s widow Maureen and her children, I want to say that I hope this f further reserving the right to object, I yield to the gentleman from New Jer- tribute provides them with some small PERSONAL EXPLANATION sey (Mr. PALLONE), the author of this comfort that their husband and father will not be forgotten, not by the people Mr. McDERMOTT. Mr. Speaker, I was un- legislation. of Long Branch and not by the Con- able to be in Washington, DC, today because Mr. PALLONE. Mr. Speaker, I want gress of the United States. I was participating at a conference hosted by to thank not only the chairman and Mr. DAVIS of Illinois. Mr. Speaker, the International Justice Mission (IJM) in Salt the ranking member, who are here further reserving the right to object, I Lake City, UT. As a result, I missed three today, but also the gentleman from yield to the gentleman from New Jer- votes. Had I been able to vote, I would have Texas (Mr. ARMEY) and the gentleman sey (Mr. HOLT). voted in support of H.J. Res 82 (rollcall No. from Missouri (Mr. GEPHARDT) for their support in bringing this bill to the Mr. HOLT. Mr. Speaker, I thank the 11) and H. Res 340. I would have voted gentleman from Illinois and the gen- against H. Con. Res. 312 (rollcall No. 10). floor, the bill, S. 1026, to name the Long Branch, New Jersey, post office tleman from Florida and join strongly f after a hero, Detective Sergeant Pat and emotionally in the remarks of my PERSONAL EXPLANATION King. friend and colleague, the gentleman Let me start out, Mr. Speaker, by from New Jersey (Mr. PALLONE), who Ms. SLAUGHTER. Mr. Speaker, I was un- saying that Long Branch is my home- grew up near this post office, knew this able to be present for rollcall votes Nos. 8, 9, town. I have lived there my entire life. law enforcement officer, knew Pat 10, and 11. Had I been present I would have The post office that will be named after King, and understands the respect with voted ‘‘yes’’ or ‘‘aye’’ on rollcall votes 9 and Sergeant King is a post office that I which he was held in his town of Long 11. I would have voted ‘‘no’’ or ‘‘nay’’ on roll- have been going to since I was a little Branch. call votes 8 and 10. boy and a post office where my grand- It is really very fitting that we do f father actually worked as a letter car- this. It is an honor not only for Ser- rier. I also knew Sergeant King person- geant Pat King, but for all law enforce- PAT KING POST OFFICE BUILDING ally, and I know his mother and his en- ment officers. It will be a daily re- Mr. WELDON of Florida. Mr. Speak- tire family. minder to the people of Monmouth er, I ask unanimous consent that the As was mentioned, on November 20 of County, to all of New Jersey, to all Committee on Government Reform be 1997, Sergeant Pat King was killed by a who pass through this post office that discharged from further consideration career criminal from out of State who law enforcement officers live day and of the Senate bill (S. 1026) to designate made his living promoting prostitution night just an instant away from dan- the United States Post Office located and selling drugs. On this particular ger. at 60 Third Avenue in Long Branch, day, the assailant went gunning for a It is also, I think, a testimonial to New Jersey, as the ‘‘Pat King Post Of- police officer, any police officer. He Maureen King, Pat King’s widow. fice Building,’’ and ask for its imme- was not looking specifically for Pat Maureen King is very much not a vic- diate consideration in the House. King, but he found Pat King, and Ser- tim. She has suffered real grief, but she The Clerk read the title of the Senate geant King was killed because he was has not turned that grief inward. She bill. wearing an officer’s uniform. has become deeply involved in safety The SPEAKER pro tempore (Mr. Following the shooting, the assailant issues in New Jersey, turned her talent LAHOOD). Is there objection to the re- went on an hour-long crime spree, in- to see that this sort of thing never hap- quest of the gentleman from Florida? cluding a chase and an exchange of pens again. She has taken this grief Mr. DAVIS of Illinois. Mr. Speaker, gunfire that injured other officers. He and turned it to something positive. reserving the right to object, and I will finally shot himself with a second gun, She has become one of the leaders of not object, because, as a matter of fact, Officer King’s gun. Cease Fire New Jersey, advocating for

VerDate 11-MAY-2000 03:34 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.019 pfrm01 PsN: H06PT1 H174 CONGRESSIONAL RECORD — HOUSE February 6, 2002 gun safety. She has become one of the S. 1026 The SPEAKER pro tempore. Under a leaders of the Million Moms March in Be it enacted by the Senate and House of Rep- previous order of the House, the gen- New Jersey, advocating for gun safety. resentatives of the United States of America in tleman from California (Mr. HERGER) is No, she is not a victim. And in every- Congress assembled, recognized for 5 minutes. thing she does, the love comes through; SECTION 1. DESIGNATION OF PAT KING POST OF- (Mr. HERGER addressed the House. surely the love for her four children, FICE BUILDING. His remarks will appear hereafter in but for children all over the country. The United States Post Office located at 60 the Extensions of Remarks.) So this is a testimonial not just to Ser- Third Avenue in Long Branch, New Jersey, The SPEAKER pro tempore. Under a shall be known and designated as the ‘‘Pat previous order of the House, the gen- geant Pat King, not just to law en- King Post Office Building’’. forcement officers across the country, tleman from Connecticut (Mr. LARSON) SEC. 2. REFERENCES. but also to Maureen King. And it is is recognized for 5 minutes. Any reference in a law, map, regulation, (Mr. LARSON of Connecticut ad- very fitting that this bill be rapidly ap- document, paper, or other record of the proved and that the designation pro- United States to the United States Post Of- dressed the House. His remarks will ap- ceed. And I thank my friend from Long fice referred to in section 1 shall be deemed pear hereafter in the Extensions of Re- Branch for championing it. to be a reference to the Pat King Post Office marks.) Mr. DAVIS of Illinois. Mr. Speaker, Building. f reclaiming my time, I just want to con- The Senate bill was ordered to be ACTS OF AGGRESSION AGAINST cur with the comments that have been read a third time, was read the third CUBAN DISSIDENT MARTA made by all of my colleagues in consid- time, and passed, and a motion to re- BEATRIZ ROQUE eration of S. 1026, legislation naming consider was laid on the table. the post office in Long Branch, New The SPEAKER pro tempore. Under a Jersey, after Pat King, a police officer f previous order of the House, the gen- slain in the line of duty. RECESS tleman from Florida (Mr. DIAZ- S. 1026 was introduced by Senator BALART) is recognized for 5 minutes. The SPEAKER pro tempore. Pursu- ROBERT TORRICELLI, Democrat of New Mr. DIAZ-BALART. Mr. Speaker, ant to clause 12 of rule I, the Chair de- Jersey, on June 13, 2001. The late De- among the many foreigners who have clares the House in recess subject to tective Sergeant Pat King, a member recently gone to Communist Cuba to the call of the Chair. of the Long Branch Police Force was meet with the dictator has been the Accordingly (at 2 o’clock and 59 min- born in Morristown, New Jersey, in 1952 President of Mexico, Vicente Fox. and lived most of his life in Long utes p.m.), the House stood in recess He arrived there this last weekend, Branch. As a 21-year veteran of the po- subject to the call of the Chair. held the customary long meetings with lice force, Detective King was the most f the dictator; and then, before leaving on Monday, in a gesture that deserves decorated police officer in the city’s b 1755 history and the only Long Branch po- commendation, Mr. Fox and his foreign lice officer to receive the Medal of AFTER RECESS minister, Mr. Castaneda, invited a Valor. small group of dissidents and inde- The recess having expired, the House pendent journalists to meet with them Sadly, he was killed in the line of was called to order by the Speaker pro duty by a career criminal on November at the Mexican embassy. tempore (Mr. SHUSTER) at 5 o’clock and Most unfortunately, the foreign min- 20, 1997. Officer King is survived by his 55 minutes p.m. wife Maureen and his two sons. ister of the Cuban dictatorship, an im- Mr. Speaker, I wish to commend the f modest man who nonetheless has much to be modest about, announced that House sponsor of this bill, the gen- MESSAGE FROM THE SENATE tleman from New Jersey (Mr. Mr. Fox had assured the Cuban dic- A message from the Senate by Mr. PALLONE), for his hard work and dedi- tator that Castro has nothing to fear cation in seeking to honor the life and Monahan, one of its clerks, announced from Mexico in the upcoming session of work of Detective King by naming the that the Senate had passed with the U.N. Human Rights Commission in Long Branch post office after him. amendments in which the concurrence Geneva, where the Cuban dictatorship’s The gentleman from New Jersey (Mr. of the House is requested, a bill of the record on human rights has been con- PALLONE) was the sponsor of H.R. 2997 House of the following title: demned almost every year for the past and has been pursuing the passage of H.R. 622. An act to amend the Internal decade. legislation naming the post office after Revenue Code of 1986 to expand the adoption If the statement of the foreign min- Detective King since the 106th Con- credit, and for other purposes. ister of the Cuban dictatorship, Mr. gress. I am proud to say that with the f Perez, is true, it would be most unfor- tunate, since Mr. Fox’s election rep- House passage of the Senate version of SPECIAL ORDERS that bill, his efforts will finally be real- resented a great victory for democracy ized. The SPEAKER pro tempore (Mr. in Mexico after more than 70 years of a In keeping with the long-standing SHUSTER). Under the Speaker’s an- rotating dictatorship in that country. tradition of naming post offices after nounced policy of January 3, 2001, and And Mr. Fox was expected by his peo- individuals who have made differences under a previous order of the House, ple and by the international commu- in their communities, I am pleased to the following Members will be recog- nity to be a great leader in defense of lend my support to S. 1026, naming the nized for 5 minutes each. democracy. Perez of the Cuban dictatorship is post office after a police officer who f not someone who tends to be believ- gave his life defending the community. The SPEAKER pro tempore. Under a able, so we should walk the extra mile, I also want to thank the chairman of previous order of the House, the gen- though certainly without illusions, and the Committee on Government Reform, tleman from Iowa (Mr. GANSKE) is rec- still give Mr. Fox the benefit of the the gentleman from Indiana (Mr. BUR- ognized for 5 minutes. doubt with regard to what Mexico will TON), his staff, and the ranking mem- (Mr. GANSKE addressed the House. do regarding human rights at this ber, the gentleman from California His remarks will appear hereafter in spring’s meeting of the U.N. Human (Mr. WAXMAN), for moving this bill to the Extensions of Remarks.) the floor. Rights Commission in Geneva. Mr. Speaker, I urge passage of the f What will Mr. Fox do, considering bill, and I withdraw my reservation of The SPEAKER pro tempore. Under a what happened to one of the most re- objection. previous order of the House, the gentle- spected dissidents in Cuba, Marta The SPEAKER pro tempore. Is there woman from the District of Columbia Beatriz Roque, after she attended the objection to the request of the gen- (Ms. NORTON) is recognized for 5 min- meeting with President Fox at the tleman from Florida? utes. Mexican embassy in Havana this past There was no objection. (Ms. NORTON addressed the House. Monday? Of the opposition figures The Clerk read the Senate bill, as fol- Her remarks will appear hereafter in within Cuba, there is no one more re- lows: the Extensions of Remarks.) spected nor deserving of respect than

VerDate 11-MAY-2000 03:34 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.075 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H175 this Cuban woman, an economist by It is time to stop dining and joking nor, assistant men’s soccer coach; and Chris- training and director of the Cuban In- with the Cuban dictator. The time has topher Wiener, assistant men’s soccer coach. stitute of Independent Economists, come to side with the oppressed people f Marta Beatriz Roque. of Cuba. They will soon be free, but The SPEAKER pro tempore. Under a She, along with imprisoned opposi- they deserve solidarity in their time of previous order of the House, the gen- tion activists who suffered the most darkness. tleman from Rhode Island (Mr. brutal aspects of the totalitarian re- The SPEAKER pro tempore (Mr. LANGEVIN) is recognized for 5 minutes. pression of the dictatorship, is admired SHUSTER). Under a previous order of (Mr. LANGEVIN addressed the by all freedom-loving Cubans, as well the House, the gentleman from Mary- House. His remarks will appear here- as by supporters of democracy for Cuba land (Mr. CUMMINGS) is recognized for 5 after in the Extensions of Remarks.) throughout the world. minutes. (Mr. CUMMINGS addressed the f b 1800 House. His remarks will appear here- STATUS REPORT ON CURRENT Well, on the night of the day of her after in the Extensions of Remarks.) meeting with President Fox and For- SPENDING LEVELS OF ON-BUDG- f eign Minister Castaneda, just this last ET SPENDING AND REVENUES Monday, Marta Beatriz Roque was vis- HONORING RICHARD STOCKTON FOR FY 2001 AND THE 5-YEAR PE- ited at her house by a typical array of COLLEGE MEN’S SOCCER TEAM RIOD FY 2002 THROUGH FY 2006 goons, thugs and hoodlums sent by the The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a dictator who told her that she had to previous order of the House, the gen- previous order of the House, the gen- accompany them to a detention center tleman from New Jersey (Mr. tleman from Iowa (Mr. NUSSLE) is rec- for questioning while her house was fu- LOBIONDO) is recognized for 5 minutes. ognized for 5 minutes. migated. Mr. LOBIONDO. Mr. Speaker, I rise Mr. NUSSLE. Mr. Speaker, To facilitate the She was then taken to a detention today to honor the Richard Stockton application of sections 302 and 311 of the center by these thugs, physically as- College of New Jersey’s men’s soccer Congressional Budget Act and section 201 of saulted, strip-searched and insulted re- team on winning the NCAA Division III the conference report accompanying H. Con. peatedly for hours on end. While this national championship, the school’s Res. 83, I am transmitting a status report on was happening, the so-called fumiga- first national title. Not only did the the current levels of on-budget spending and tion was taking place at her house. The Ospreys bring home the title, they also revenues for fiscal year 2002 and for the five- furniture and windows were destroyed, achieved a 25–1–1 record, the best year period of fiscal years 2002 through 2006. and Marta Beatriz Roque’s few belong- record in the history of the men’s This status report is current through February ings were ransacked. NCAA soccer. 4, 2002. Marta Beatriz Roque’s crime? She Head coach Jeff Haines and his team The term ‘‘current level’’ refers to the had met that morning with President established new school records for the Fox and Foreign Minister Castaneda, amounts of spending and revenues estimated most wins, most consecutive wins, few- for each fiscal year based on laws enacted or and she had spoken bravely in support est losses, best season record, most of democracy for Cuba. awaiting the President’s signature. shutouts and most goals scored. Their The first table in the report compares the So what will President Fox do about dedication, hard work and can-do spirit this? The act of aggression against current levels of total budget authority, outlays, have made our community so very and revenues with the aggregate levels set Marta Beatriz Roque was a way for the proud and have brought the Ospreys Cuban dictator to show his disdain and forth by H. Con. Res. 83. This comparison is recognition from across the Garden needed to enforce section 311(a) of the Budg- contempt for President Fox and For- State and, in fact, from across the eign Minister Castaneda, as well as for et Act, which creates a point of order against United States of America. measures that would breach the budget reso- the Cuban people, whose democratic as- I would like to congratulate the pirations are thoroughly represented lution’s aggregate levels. The table does not team, Head Coach Haines, the coaching show budget authority and outlays for years by Marta Beatriz Roque. staff, athletic director Larry James What will you do, President Fox and after fiscal year 2002 because appropriations and the entire school on such an im- Foreign Minister Castaneda? Will you for those years have not yet been considered. pressive achievement. I am very do as Castro’s Foreign Minister says The second table compares the current lev- pleased to welcome them to Wash- and fail even to acknowledge the gross els of budget authority and outlays for discre- ington and wish them the very best of and constant violations of human tionary action by each authorizing committee luck for repeating as national cham- rights in Cuba when the United Na- with the ‘‘section 302(a)’’ allocations made pions next year. They have set an ex- tions Human Rights Commission dis- under H. Con. Res. 83 for fiscal year 2002 ample for our entire community on cusses this issue in Geneva in the com- and fiscal year 2002 through 2006. ‘‘Discre- what teamwork means, setting the bar ing weeks, or will you do what you tionary action’’ refers to legislation enacted high to reach a goal and then going for should do and condemn this atrocity after the adoption of the budget resolution. it and winning a national title. We are against one of your guests at the Mexi- This comparison is needed to enforce section so very proud of them, Mr. Speaker. can Embassy in Cuba this past Mon- 302(f) of the Budget Act, which creates a point THE RICHARD STOCKTON COLLEGE OF NEW day? of order against measures that would breach JERSEY 2001 MEN’S SOCCER ROSTER What will the world do, Mr. Speaker? the section 302(a) discretionary action alloca- Student athletes and New Jersey home- tion of new budget authority for the committee What will our colleagues in this Con- towns: Nicholas Agaccio, Avenel; Steven gress do? One of them showed his feel- Billstein, Woodbury Heights; Douglas that reported the measure. It is also needed to ings on the subject of the oppression of Cavagnaro, Vineland; Vincent Colubiale, implement section 311(b), which exempts Cuba by allowing a member of the dele- North Cape May; Mark Dodson, Shamong; committees that comply with their allocations gation that he traveled to Cuba with John Epley, Franklinville; Thomas Ferron, from the point of order under section 311(a). recently to give the Cuban dictator a Ringwood; and Michael Ford, Atco. The third table compares the current levels cap like the one worn by the New York John Geiges, Haddon Heights; Michael of discretionary appropriations for fiscal year Fire Department. That symbol of Harner, Sewell; Rashid Hawkins, Cherry Hill; 2002 with the ‘‘section 302(b)’’ suballocations Jason Kufta, Maple Shade; Peter Lambert, American heroism, of supreme Amer- Ocean View; Ralph Maione, Egg Harbor City; of discretionary budget authority and outlays ican dignity, was given to the dictator David Mattus, Bridgeton; Michael among Appropriations subcommittees. The who for more than four decades has im- McAlarnen, Upper Township; and Chris- comparison is also needed to enforce section prisoned, tortured, exiled and executed topher Meyrick, Richland. 302(f) of the Budget Act because the point of those who fight for the freedoms which Jeffrey Moore, Gloucester Township; Mi- order under that section equally applies to this country represents. chael Muckley, Atco; James Nelson, Toms measures that would breach the applicable The gift of that cap to the dictator River; Greg Ruttler, Atco; Nicholas Scafidi, section 302(b) suballocation. and the attitude that it reflects is gro- Laurel Springs; Brett Steinberg, Hohokus; Thomas Tutalo, West Orange; Alec Walker, The fourth table gives the current level for tesque. It is insulting not only to the Atco; and Ryan Williams, Westmont. 2003 of accounts identified for advance appro- Cuban people, but to Americans as Coaching staff members and title: Jeffrey priations in the statement of managers accom- well, and it is condemnable. Haines, head men’s soccer coach; James Con- panying H. Con. Res. 83. This list is needed

VerDate 11-MAY-2000 03:34 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 9920 E:\CR\FM\K06FE7.084 pfrm01 PsN: H06PT1 H176 CONGRESSIONAL RECORD — HOUSE February 6, 2002 to enforce section 201 of the budget resolu- REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE current level estimate) would cause FY 2002 tion, which creates a point of order against ap- BUDGET—STATUS OF THE FISCAL YEAR 2002 CON- budget authority to exceed the appropriate level set by H. Con. Res. 83. propriation bills that contain advanced appro- GRESSIONAL BUDGET ADOPTED IN H. CON. RES. 83 [Reflecting action completed as of February 4, 2002—on-budget amounts, OUTLAYS priations that are: (i) not identified in the state- in millions of dollars] ment of managers or (ii) would cause the ag- Enactment of measures providing new out- gregate amount of such appropriations to ex- Fiscal year Fiscal year lays for FY 2002 in excess of $12,978,000,000 (if 2002 2002–2006 not already included in the current level es- ceed the level specified in the resolution. timate) would cause FY 2002 outlays to ex- Appropriate Level: The fifth table compares discretionary ap- Budget Authority ...... 1,673,188 (1) ceed the appropriate level set by H. Con. Res. Outlays ...... 1,638,852 (1) 83. propriations to the levels provided by section Revenus ...... 1,638,202 8,878,506 251(c) of the Balanced Budget and Emer- Current Level: REVENUES 1 Budget Authority ...... 1,664,550 ( ) Enactment of measures that would result gency Deficit Control Act of 1985. If at the end Outlays ...... 1,625,874 (1) of a session discretionary spending in any cat- Revenus ...... 1,672,118 8,888,321 in revenue loss for FY 2002 in excess of Current Level over (+)/under (¥) $33,916,000,000 (if not already included in the egory exceeds the limits set forth in section Appropriate Level: current level estimate) would cause revenues 251(c) (as adjusted pursuant to section Budget Authority ...... ¥8,638 (1) Outlays ...... ¥12,978 (1) to fall below the appropriate level set by H. 251(b)), a sequestration of amounts within that Revenus ...... 33,916 9,815 Con. Res. 83. category is automatically triggered to bring Not applicable because annual appropriations Acts for fiscal years 2003 Enactment of measures resulting in rev- spending within the established limits. As the through 2006 will not be considered until future sessions of Congress. enue loss for the period FY 2002 through 2006 in excess of $9,815,000,000 (if not already in- determination of the need for a sequestration BUDGET AUTHORITY cluded in the current estimate) would cause is based on the report of the President re- Enactment of measures providing new revenues to fall below the appropriate levels quired by section 254, this table is provided budget authority for FY 2002 in excess of set by H. Con. Res. 83. for informational purposes only. $8,638,000,000 (if not already included in the DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR DISCRETIONARY ACTION, REFLECTING ACTION COMPLETED AS OF FEBRUARY 4, 2002 [Fiscal years, in millions of dollars]

2002 2002–2006 total House Committee BA Outlays BA Outlays

Agriculture: Allocation ...... 7,350 7,350 28,492 25,860 Current Level ...... 0 2 0 0 Difference ...... ¥7,350 ¥7,348 ¥28,492 ¥25,860 Armed Services: Allocation ...... 146 146 398 398 Current Level ...... 163 146 276 276 Difference ...... 17 0 ¥122 ¥122 Banking and Financial Services: Allocation ...... 0 0 0 0 Current Level ...... 8 9 46 47 Difference ...... 8 9 46 47 Education and the Workforce: Allocation ...... 5 5 32 32 Current Level ...... ¥195 ¥180 3,785 3,040 Difference ...... ¥200 ¥185 3,753 3,008 Commerce: Allocation ...... 2,687 2,687 ¥6,537 ¥6,537 Current Level ...... ¥46 ¥50 2 7 Difference ...... ¥2,733 ¥2,737 6,539 6,544 International Relations: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Government Reform: Allocation ...... 0 0 ¥1,995 ¥1,995 Current Level ...... 0 0 ¥4 ¥4 Difference ...... 0 0 1,991 1,991 House Administration: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Resources: Allocation ...... 0 ¥3 365 88 Current Level ...... 0 ¥11413 Difference ...... 0 2 ¥351 ¥75 Judiciary: Allocation ...... 0 0 0 0 Current Level ...... 109 109 299 159 Difference ...... 109 109 299 159 Small Business: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Transportation and Infrastructure: Allocation ...... 2,000 3,200 2,000 4,700 Current Level ...... 3,108 4,208 9,949 12,649 Difference ...... 1,108 1,108 7,949 7,949 Science: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Veterans’ Affairs: Allocation ...... 264 264 3,205 3,205 Current Level ...... 230 230 3,097 3,097 Difference ...... ¥34 ¥34 ¥108 ¥108 Ways and Means: Allocation ...... 1,360 900 15,409 15,069 Current Level ...... 6,427 6,427 36,710 36,710 Difference ...... 5,067 5,527 21,301 21,641

VerDate 11-MAY-2000 03:34 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.089 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H177 DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2002—COMPARISON OF CURRENT LEVEL WITH APPROPRIATIONS SUBCOMMITTEE 302(b) SUBALLOCATIONS [In millions of dollars]

Revised 302(b) suballoca- Adjustments not reflected Current level reflecting ac- Current level minus sub- tions as of September 20, in 302(b) suballocations tion completed as of Feb- allocations Appropriations Subcommittee 2001 (H. Rpt. 107–208) ruary 4, 2002 BA OT BA OT BA OT BA OT

Agriculture, Rural Development ...... 15,668 16,044 535 352 16,553 16,634 350 238 Commerce, Justice, State ...... 38,541 38,905 2,423 1,032 41,079 39,879 115 ¥58 National Defense ...... 299,860 293,941 20,743 17,340 320,603 311,898 0 617 District of Columbia ...... 399 415 200 200 608 618 9 3 Energy & Water Development ...... 23,705 24,218 574 346 25,170 25,116 891 552 Foreign Operations ...... 15,167 15,087 50 13 15,396 15,119 179 19 Interior ...... 18,941 17,800 488 353 19,208 18,081 ¥221 ¥72 Labor, HHS & Education ...... 119,725 106,224 3,647 1,821 126,265 109,153 2,893 1,108 Legislative Branch ...... 2,892 2,918 256 196 3,230 3,137 82 23 Military Construction ...... 10,500 9,203 104 27 10,604 9,217 0 ¥13 Transportation1 ...... 14,892 53,817 1,296 777 16,596 54,742 408 148 Treasury-Postal Service ...... 17,022 16,285 1,283 1,098 18,352 17,354 47 ¥29 VA–HUD-Independent Agencies ...... 85,434 88,062 7,101 348 92,335 88,811 ¥200 401 Unassigned 2 ...... 0 0 4,554 21,132 0 13,397 ¥4,554 ¥7,735 Grand Total ...... 662,746 682,919 43,254 45,035 705,999 723,156 ¥1 ¥4,798 1 Does not include mass transit BA. 2 Reflects 2002 outlays for FY2001 appropriations contained in P.L. 107–38, the Emergency Supplemental Appriations Act for Recovery from and Response to Terrorist Acts on the United States, and budget authority and outlays that re- sult from the increase in the statutory spending caps contained in P.L. 107–117, the bill making appropriations for the Department of Defense for fiscal year 2002.

Statement of FY 2003 advance appropriations Budget authority Budget authority under section 201 of H. Con. Res. 83 reflecting Labor, Health and Human Serv- Special Education ...... 5,072 action completed as of February 4, 2002 ices, Education Sub- Vocational and Adult Edu- [In millions of dollars] committee: cation ...... 791 Employment and Training Budget authority Treasury, General Government Administration ...... 2,463 Subcommittee: Appropriate Level ...... 23,159 Health Resources ...... 0 Low Income Home Energy As- Payment to Postal Service .... 48 Current Level: sistance Program ...... 0 Federal Building Fund ...... 0 Commerce, Justice, State Sub- Child Care Development Veterans, Housing and Urban committee: Block Grant ...... 0 Development Subcommittee: Patent and Trademark Office 0 Elementary and Secondary Section 8 Renewals ...... 4,200 Legal Activities and U.S. Education (reading excel- Marshals, Antitrust Divi- lence) ...... 0 Total ...... 23,158 sion ...... 0 Education for the Disadvan- U.S. Trustee System ...... 0 taged ...... 7,383 Federal Trade Commission .... 0 School Improvement ...... 1,765 Current Level (+) / under (¥) Ap- Interior Subcommittee: Elk Children and Family Services propriate Level ...... ¥1 Hills ...... 36 (head start) ...... 1,400 COMPARISON OF CURRENT LEVEL TO DISCRETIONARY SPENDING LEVELS SET FORTH IN SECTION 251(c) OF THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985 REFLECTING ACTION COMPLETED AS OF FEBRUARY 4, 2001 [In millions of dollars]

Current level 1 over (+)/ Statutory cap Current level under(¥) statu- tory cap

General Purpose ...... BA 704,548 704,241 ¥307 OT 696,092 688,000 ¥8,092 Defense 2 ...... BA (3) 347,394 (3) OT (3) 347,440 (3) Nondefense 2 ...... BA (3) 356,847 (3) OT (3) 340,560 (3) Highway Category ...... BA (3)(3)(3) OT 28,489 28,489 0 Mass Transit Category ...... BA (3)(3)(3) OT 5,275 5,275 0 Conservation Category ...... BA 1,760 1,758 ¥2 OT 1,473 1,392 ¥81 1 Established by OMB Final Sequestration Report for Fiscal Year 2002. 2 Defense and nondefense categories are advisory rather than statutory. 3 Not applicable.

U.S. CONGRESS, and adoption assistance. These revisions are Best Pharmaceuticals for Children Act CONGRESSIONAL BUDGET OFFICE, required by section 314 of the Congressional (Public Law 107–109); Washington, DC, February 5, 2002. Budget Act, as amended. In addition, section Foreign Operations Appropriations Act, Hon. JIM NUSSLE, 218 of H. Con. Res. 83 provides for an alloca- 2002 (Public Law 107–115); Chairman, Committee on the Budget, tion increase to accommodate House action House of Representatives, Washington, DC. on the President’s revised request for defense Labor, HHS, Education Appropriations DEAR MR. CHAIRMAN: The enclosed report spending, and Public Law 107–117 contains Act, 2002 (Public Law 107–116); shows the effects of Congressional action on language that increases the discretionary Defense Appropriations Act, 2002 (Public the fiscal year 2002 budget and is current spending limits for fiscal year 2002. Law 107–117); through February 4, 2002. This report is sub- Since my last letter dated December 6, Small Business Liability Relief and mitted under section 308(b) and in aid of sec- 2001, the following legislation has been en- Brownfields Revitalization Act (Public Law tion 311 of the Congressional Budget Act, as acted into law, and has changed budget au- 107–118); amended. thority, outlays, and revenues for 2002: The estimates of budget authority, out- Railroad Retirement and Survivors’ Im- Investor and Capital Markets Fee Relief lays, and revenues are consistent with the provement Act of 2001 (Public Law 107–90); Act of 2001 (Public Law 107–123); technical and economic assumptions of H. District of Columbia Appropriations Act Victims of Terrorism Tax Relief Act of 2001 Con. Res. 83, the Concurrent Resolution on 2002 (Public Law 107–96); (Public Law 107–134); the Budget for Fiscal Year 2002. The budget Veterans Education and Benefits Expan- resolution figures incorporate revisions sub- sion Act of 2001 (Public Law 107–103); Department of Veterans Affairs Health mitted by the Committee on the Budget to Administrative Simplification Compliance Care Programs Enhancement Act of 2001 the House to reflect funding for emergency Act (Public Law 107–105); (Public Law 107–135); requirements, disability reviews, an Earned National Defense Authorization Act for In addition, the Congress has cleared for Income Tax Credit compliance initiative, Fiscal Year 2002 (Public Law 107–107); the President’s signature an act to amend

VerDate 11-MAY-2000 03:34 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.038 pfrm01 PsN: H06PT1 H178 CONGRESSIONAL RECORD — HOUSE February 6, 2002 the Higher Education Act of 1965 with re- ship of subsurface rights within the bound- Sincerely, spect to interest rates for borrowers and pay- aries of the Acoma Indian Reservation (H.R. BARRY B. ANDERSON ments to lenders (S. 1762) and an act to re- 1913). (For Dan L. Crippen, Director). quire valuation of nontribal interest owner- Enclosure. FISCAL YEAR 2002 HOUSE CURRENT LEVEL REPORT AS OF FEBRUARY 4, 2002 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in sessions prior to 107th Congress: Revenues ...... 0 0 1,703,488 Permanents and other spending legislation ...... 984,540 934,501 0 Appropriation legislation ...... 0 280,919 0 Offsetting receipts ...... ¥321,790 ¥321,790 0 Total, enacted prior to 107th Congress: ...... 662,750 893,630 1,703,488

Enacted in first session of 107th Congress: Authorizating Legislation: An act to provide reimbursement authority to the Secretaries of Agriculture and the Interior from wildland fire management funds (P.L. 107–13) ...... 0 ¥30 Fallen Hero Survivor Benefit Fairness Act of 2001 (P.L. 107–15) ...... 0 0 ¥7 Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107–16) ...... 6,425 6,425 ¥31,145 An act to clarify the authority of the Department of Housing and Urban Development with respect to the use of fees (P.L. 107–18) ...... 8 9 8 An act to authorize funding for the National 4–H Program Centennial Initiative (P.L. 107–19) ...... 0 2 0 An act to provide for expedited payments of certain benefits (P.L. 107–37) ...... 5 5 Air Transportation Safety and System Stabilization Act (P.L. 107–42) ...... 3,000 4,200 1,400 An act to implement an agreement for a U.S.-Jordan Free Trade Area (P.L. 107–43) ...... 0 0 ¥2 A joint resolution approving the extension of nondiscriminatory treatment to products of the Socialist Republic of Vietnam (P.L. 107–52) ...... 0 0 ¥33 U.S.A. PATRIOT Act (P.L. 107–56) ...... 104 104 0 Railroad Retirement and Survivors’ Improvement Act of 2001 (P.L. 107–90) ...... 108 108 ¥118 Veterans Education and Benefits Expansion Act of 2001 (P.L. 107–103) ...... 229 229 0 Administrative Simplification Compliance Act (P.L. 107–105) ...... ¥50 ¥50 0 National Defense Authorization Act, 2002 (P.L. 107–107) ...... 163 146 0 Best Pharmaceuticals for Children Act (P.L. 107–109) ...... 4 ¥26 Small Business Liability Relief and Brownfields Revitalization Act (P.L. 107–118) ...... 0 2 0 Investor and Capital Markets Fee Relief Act of 2001 (P.L. 107–123) ...... 0 0 ¥1,261 Victims of Terrorism Tax Relief Act of 2001 (P.L. 107–134) ...... 2 2 ¥188 Veterans Affairs Health Care Programs Enhancement Act of 2001 (P.L. 107–135) ...... 1 1 0 Total, authorizing legislation: ...... 9,999 11,178 ¥31,340

Appropriations Acts: Supplemental Appropriations Act, 2001 (P.L. 107–20) ...... 65 4,576 0 Emergency Supplemental Appropriations for Fiscal Year 2001 (P.L. 107–38) ...... 0 13,397 0 Emergency Supplemental Appropriations for Fiscal Year 2002 (P.L. 107–117) ...... 20,000 8,459 0 Agriculture Rural Development Appropriations Act, 2002 (P.L. 107–76) ...... 75,237 41,363 0 Commerce, Justice, State Appropriations Act, 2002 (P.L. 107–77) ...... 39,223 26,608 0 Defense Appropriations Act, 2002 (P.L. 107–117) ...... 317,474 213,172 0 District of Columbia Appropriations Act, 2002 (P.L. 107–96) ...... 408 370 0 Energy and Water Appropriations Act, 2002 (P.L. 107–66) ...... 24,595 15,972 0 Foreign Operations Appropriations Act, 2002 (P.L. 107–115) ...... 15,391 5,582 0 Interior and Related Agencies Appropriations Act, 2002 (P.L. 107–63) ...... 19,148 11,901 0 Labor, HHS, Education Appropriations Act, 2002 (P.L. 107–116) ...... 327,513 258,081 0 Legislative Branch Appropriations Act, 2002 (P.L. 107–68) ...... 2,974 2,509 2 Military Construction Appropriations Act, 2002 (P.L. 107–64) ...... 10,500 2,678 0 Transportation and Related Agencies Appropriations Act, 2002 (P.L. 107–87) ...... 17,505 22,021 0 Treasury, Postal Service, General Government Appropriations Act, 2002 (P.L. 107–67) ...... 32,137 27,936 0 Veterans, HUD, and Independent Agencies Appropriations Act, 2002 (P.L. 107–73) ...... 109,229 64,803 ¥32 Total, appropriations acts: ...... 1,011,399 719,428 ¥30

Total, enacted in first session of the 107th Congress: ...... 1,021,398 730,606 ¥31,370

Entitlements and Mandatories: Adjustments to appropriated mandatories to reflect baseline estimates ...... ¥18,054 1,816 0 Passed pending signature in second session of the 107th Congress: An act to amend the Higher Education Act of 1965 with respect to interest rates for borrowers and payments to lenders (S. 1762) ...... ¥195 ¥180 0 An act to require valuation of nontribal interest ownership of subsurface rights within the boundaries of the Acoma Indian Reservation (H.R. 1913) ...... 0 2 0 Total, passed pending signature in second session of the 107th Congress ...... ¥195 ¥178 0

Total Current Level ...... 1,664,550 1,625,874 1,672,118 Total Budget Resolution ...... 1,673,188 1,638,852 1,638,202 Current Level Over Budget Resolution ...... 0 0 33,916 Current Level Under Budget Resolution ...... ¥8,638 ¥12,978 0 Memorandum Revenues, 2002–2006: House Current Level ...... 0 0 8,888,321 House Budget Resolution ...... 0 0 8,878,506 Current Level Over Budget Resolution ...... 0 0 0 Notes.—P.L. = Public Law. Section 314 of the Congressional Budget Act, as amended, requires that the House Budget Committee revise the budget resolution to reflect funding provided in bills reported by the House for emergency requirements, disability reviews, an Earned Income Tax Credit compliance initiative, and adoption assistance. In addition Sec. 218 of H. Con. Res. 83 provides for an allocation increase to accommodate House action on the President’s revised request for defense spend- ing, and Public Law 107–117 contains language that increases the discretionary spending limits for fiscal year 2002. To date, the Budget Committee has increased the budget authority allocation in the budget resolution by $46,700 mil- lion and the outlay allocation by $48,378 million for these purposes. For comparability purposes, current level budget authority excludes $1,349 million that was appropriated for mass transit. The budget authority for mass transit, which is exempt from the allocations made for the discretionary cat- egories pursuant to sections 302(a)(1) and 302(b)(1) of the Congressional Budget Act, is not included in H. Con. Res. 83, Total budget authority including mass transit is $1,665,899 million. Source: Congressional Budget Office.

The SPEAKER pro tempore. Under a Mr. GUTKNECHT. Mr. Speaker, to- values. Things like faith, family, free- previous order of the House, the gen- night I rise to express my appreciation dom, work and personal responsibility tleman from Massachusetts (Mr. for President Ronald Wilson Reagan. were more than words. LYNCH) is recognized for 5 minutes. Ronald Reagan will forever be re- Ronald Reagan had an enormous em- membered for having won the Cold War (Mr. LYNCH addressed the House. His pathy for the American people. He had remarks will appear hereafter in the without firing a shot. He rebuilt our a magic smile that cheered us. His Extensions of Remarks.) defenses and strengthened our econ- tears were real when tragedy came our omy, but most important, he made us f way. The title of his autobiography, believe in ourselves, to believe in our EXPRESSING APPRECIATION OF capacity to perform great deeds. ‘‘An American Life,’’ was appropriate. RONALD WILSON REAGAN Demeaned as a B-grade actor, under- He was the American President in the The SPEAKER pro tempore. Under a estimated by his adversaries, both do- American century. previous order of the House, the gen- mestic and international, he shoul- As he turned and saluted, boarding tleman from Minnesota (Mr. GUT- dered on with incurable optimism. He Marine One for the last time, I remem- KNECHT) is recognized for 5 minutes. preached and lived the basic American ber turning to my wife and saying, ‘‘He

VerDate 11-MAY-2000 03:34 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.042 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H179 was a long time coming; he’ll be a long the back of my head, have me kneel about that bow tie presence that he time gone.’’ down, and then he would with one swift had. Mr. President, on behalf of a grateful stroke of a sword cut the apple and He served in Congress from 1968 to Nation, permit me to say thank you, hopefully not my neck. What I cannot 1992. At first he represented just Mont- happy birthday and may God bless you. understand is that I said, yes, I would gomery County and then later part of f do it, and I did. I put my head down on Philadelphia. He endorsed funding The SPEAKER pro tempore. Under a like a little table or bench there, he SEPTA, which is a transportation au- previous order of the House, the gen- put the apple, we had an audience, et thority in the southeast of Pennsyl- tleman from Ohio (Mr. STRICKLAND) is cetera, and he did it with his sword and vania, and other mass transit agencies, recognized for 5 minutes. cut the apple in half, did not touch any housing efforts and antidrug education. (Mr. STRICKLAND addressed the part of your speaker here, else I would He graduated from the Hotchkiss House. His remarks will appear here- not be here. School in Lakeville, Connecticut, in after in the Extensions of Remarks.) The point was that he fulfilled his 1946 and from Yale University in 1950. life with four children and a wonderful One of his Yale classmates was George f church relationship and a community Herbert Walker Bush, the future Presi- The SPEAKER pro tempore. Under a relationship, and overcame tremendous dent and father of our current Presi- previous order of the House, the gentle- odds through his life. When we lost dent, George W. Bush. woman from California (Ms. him, we lost a true contributor to our While attending Harvard Business MILLENDER-MCDONALD) is recognized community. School he was called to Active Duty by for 5 minutes. The second set of remembrances are the Marine Corps in Korea, serving as (Ms. MILLENDER-MCDONALD ad- as to Phillip Jehle. We best knew him, an aide to the legendary Lieutenant dressed the House. Her remarks will we Pennsylvania Members of the Con- General Lewis B. ‘‘Chesty’’ Puller. appear hereafter in the Extensions of gress, as the director of the Governor’s After his discharge, he returned to Har- Remarks.) office in Washington. Governor Casey vard, earning a degree in business ad- f at that time appointed Mr. Jehle as the ministration in 1954. REMEMBERING THEODORE J. director, but he had a whole array of He came to Philadelphia to attend VOLLRATH, PHILIP JEHLE AND services to the State and to the coun- Temple University Law School, attend- R. LAWRENCE COUGHLIN try way before that. Let me read a cou- ing classes at night and working as a ple of the salient features of his life. foreman on an assembly line at Heintz The SPEAKER pro tempore. Under He was a retired Washington lawyer. Manufacturing Company, a steel com- the Speaker’s announced policy of Jan- He had served as a chief counsel to a pany, during the day. He received his uary 3, 2001, the gentleman from Penn- Senate committee. He had served as degree in 1958 and became a partner at sylvania (Mr. GEKAS) is recognized for executive vice president of a pharma- Saul Ewing Remick & Saul. 60 minutes as the designee of the ma- ceutical company, and then, as I said, During Vice President Richard M. jority leader. the director of the Washington office of Nixon’s first Presidential campaign in Mr. GEKAS. Mr. Speaker, I rise the Pennsylvania Governor. All of us 1960, Larry decorated an old mail truck today to enter into the CONGRESSIONAL who served in the Pennsylvania delega- with banners, and he took the Nixon RECORD remembrances of three individ- tion knew him well, could approach campaign to the streets of Philadel- uals who passed away in the last few him at any time to coordinate the solu- phia. months. tion of problems that were mutual to By the 1960s he lived in Villanova and First, I want to recall the life of Ted Members of Congress and to the Gov- was involved in Montgomery County Vollrath. Ted Vollrath was a Korean ernor of the Commonwealth. Republican politics. He worked for Wil- veteran who, because of the battles in He upon his retirement from liam W. Scranton’s successful guber- which he was engaged, eventually lost SmithKline, where he had worked, he natorial campaign in 1962. He himself both his legs. That did not stop him at spent the rest of his time in legislation won his first election in 1964, capturing all. He became active in many veterans that was important to Pennsylvania a seat in the State house of representa- entities and served the public in many through the Governor’s office. tives. Two years later he moved up to different ways, but while he was doing His survivors include his wife of 52 the State senate, and he was elected to that, he was learning karate. He be- years, Marcelle Auclair Jehle; five chil- his first term in Congress from the 13th came a black belt in karate; can my dren, Philip F. Jehle, Christopher A. District in 1968. colleagues believe this now, a man Jehle, Lawrence and Patricia A. During his 24 years in Congress, he without legs, earned a karate black Galasso of Morocco, and Kathleen M. served on the Committee on the Judici- belt. Will of Elk Ridge; also a brother, three ary and became a high-ranking mem- In a wheelchair he was able to per- sisters and 12 grandchildren. ber of the Committee on Appropria- form feats never before seen, and he He was a public servant of a special tions and its Subcommittee on Trans- performed in London and all over the breed, and he, too, will be remembered portation. As a member of the House eastern seaboard and actually made a through our insertion of remembrances Select Committee on Narcotics Abuse movie called Mr. No Legs. I saw one of in the CONGRESSIONAL RECORD. and Control, he called for de-emphasis the premieres of it in my district when The third is as to our colleague Larry on efforts to interdict narcotics traffic it came to town. Coughlin, longtime member of the and instead sought additional funds for So he was a movie actor, an enthu- Pennsylvania delegation, a Member of destruction of cocaine processing labs, siast for karate, a specialist, a black Congress from southeast Pennsylvania, what he called the choke points in the belt, and yet he found time to serve the who served valiantly throughout the drug trade. various veterans organizations in our time that he was here after having area, and then, on top of that, served served in the Pennsylvania General As- b 1815 me, our office, as chairman of our Serv- sembly. He also supported funding for anti- ice Academy Nominating Committee Larry was 71. He was from Mont- drug education programs. and did that for almost 20 years. He gomery County, and he was the fellow His two most competitive contests was someone who I could count on for that, when he walked in here, was im- for reelection came in 1984 and 1986 advice not just on the service acad- mediately noticeable for his gentle- against the then Democratic State rep- emies, but also on matters military manly stance and his posture, but, resentative JOE HOEFFEL. By the 1980s, generally, on national security and more than that, his elegant bow tie. He Representative Coughlin’s 13th District others. almost never came to this Chamber or had been reapportioned to include He at one time, I am also ashamed to to any function without a bow tie, and Chestnut Hill, Roxborough, Manayunk tell my colleagues this, one time he they were nice ones and colorful and fit and Overbrook in Philadelphia as well said he wanted me to, in one of his ka- the pattern of his gentleman qualities. as Montgomery County, adding many rate exhibitions and swordsmanship ex- So if we forget everything else about more registered Democrats to his dis- hibitions, he wanted to put an apple on him, we will always be able to talk trict.

VerDate 11-MAY-2000 03:34 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.091 pfrm01 PsN: H06PT1 H180 CONGRESSIONAL RECORD — HOUSE February 6, 2002 By the way, that same JOE HOEFFEL hour of remembrances of Larry Cough- throughout his life, and even here in eventually became the Member of Con- lin come about. the House of Representatives. It is hard gress from that area and is serving Mr. BEREUTER. I thank the distin- to list them all because this was a man even as we speak here today as a Mem- guished gentleman from Pennsylvania, who reflected the best in the House of ber in this current session of Congress. and I am very pleased to participate in Representatives. Representative Coughlin mounted this commemorative tribute for Larry, Mr. GEKAS. I thank the gentleman. successful campaigns against his Lawrence, Coughlin, Jr., a terrific per- And it occurred to me that we missed younger opponent, however, and he son, outstanding Congressman, and a a golden opportunity to pay the ulti- won comfortably in both contests. And real patriot. And I have to say that I mate tribute to Larry. We should have Joe, who finally won the 13th District am objective about that despite the worn bow ties for this occasion while after what we just mentioned, in 1998 fact that Larry Coughlin was one of my we did our remembrances of him. said after learning about Larry’s death, best friends in the Congress. Mr. BEREUTER. He not only wore ‘‘Larry was a moderate who was not at He provided a tremendous amount of them, he defended them; did he not? ease with the aggressive wing of the leadership in this Congress in so many Mr. GEKAS. Yes, he did, regularly. Republican Party. He had a great ways, but of course I guess the area in And so, Mr. Speaker, that concludes record in mass transportation and which he is best known is his leader- our remembrances on this occasion, urban matters. Even when his district ship for the whole Congress on urban and we invite every Member who wish- was entirely suburban, he favored the and mass transit issues. es to add any kind of sentiment or re- regional approach.’’ That was JOE Larry had a great set of priorities: membrance to the CONGRESSIONAL HOEFFEL’s tribute to Larry. family, the U.S. House of Representa- RECORD to do so, and to let us know so Unlike some of our colleagues in Con- tives, and Marine Corps. He was such a that we can coordinate the whole of gress, Representative Coughlin courteous, cordial individual. He abso- the RECORD; and, as I indicated pre- shunned the limelight. He told me lutely deserved and lived up to the title viously, I hereby submit additional bio- there are workhorses in Congress and of ‘‘the gentleman from Pennsylvania.’’ graphical information on Larry Cough- there are show horses, and he described We had great respect for him, a tre- lin for the RECORD. himself as a workhorse. The gentleman mendous sense of humor, we all en- [From the Biographical Directory of the from Pennsylvania (Mr. HOEFFEL) is joyed his company, but his contribu- United States Congress] the one who recalls that statement tions in the Congress, of course, were COUGHLIN, ROBERT LAWRENCE, 1929– that was made by Larry, and he added only part of the contributions he made Coughlin, Robert Lawrence, (nephew of that he was a dedicated public servant. to the country. He provided incredible Clarence Dennis Coughlin), a Representative There was never a whisper of anything service to Chesty Puller, one of the from Pennsylvania; born in Wilkes-Barre, improper or self-serving. most famous marines of all. And I have Luzerne County, Pa., April 11, 129; A.B., Yale When a magazine writer claimed that a hard time saying this as a former University, 1950; M.B.A., Harvard Graduate men who wore bow ties were not to be Army officer, but in fact he did re- School of Business Administration, 1954; markable things. LL.B., Temple University Evening Law trusted, Representative Coughlin, who School, 1958; attorney; manufacturer; cap- never wore anything but bow ties, said, He provided real work, hard labor to tain, United States Marine Corps, 1950–1952, ‘‘I have never known one who wasn’t put himself through law school, and he aide-de-camp to Gen. L.B. Puller; elected to trustworthy.’’ had an inspirational impact on his fam- Pennsylvania house of representatives, 1964; After his retirement, Mr. Coughlin ily. He motivated those children to elected to Pennsylvania senate, 1966; elected remained in Washington, joining Eck- bring out the best in their capabilities; as a Republican to the Ninety-first and to ert, Seamans, Cherin & Mellott as sen- a high value on education and patriot- the eleven succeeding Congresses (January 3, ior counsel. Earlier this year, he joined ism, and it shows when you meet them 1969–January 3, 1993); was not a candidate for the law firm of Thompson Coburn. He today, and his grandchildren as well. renomination in 1992 to the One Hundred One of the things that most people do Third Congress; is a resident of Plymouth was president of the Friends of the U.S. Meeting, Pa. National Arboretum, and he enjoyed not know about Larry Coughlin is his gardening, hiking and boating. love for plants, trees, bushes, all kinds [From the Washington Post, Dec. 5, 2001] Mr. Coughlin is survived by his wife of plants. Larry worked in the soil. He REP. R. LAWRENCE COUGHLIN, JR., DIES; REP- of 21 years, Susan MacGregor Coughlin; loved it, and he provided some real RESENTED PENNSYLVANIA FROM 1969 TO 1993 a daughter, Lisa Powell, from his first leadership to organizations like the (By Adam Bernstein) marriage to the late Helen Ford Swan; Friends of the National Arboretum, R. Lawrence Coughlin Jr., 72, a moderate and three children from his second where he served as the president for a Pennsylvania Republican who from 1969 to marriage to Elizabeth ‘‘Betsey’’ number of years, and he was an inspira- 1993 represented the wealthy Maine Line Worrell. They are daughters Lynne tion to all of us. area of suburban Philadelphia in the House Samson and Sara Noon; and son Law- He actually is responsible for involv- of Representatives, died of cancer Nov. 30 at rence. He is also survived by five ing a significant number of Members of his weekend farm in Mathews, Va. He lived grandchildren. Congress and their spouses in the work in Alexandria. One other anecdote that is not part of the National Arboretum. It was one Rep. Coughlin, a lawyer, was known for of his loves. But he took that love and championing urban and mass-transit issues of the printed material that I will nationwide. He served on the transportation enter into the CONGRESSIONAL RECORD. you could see it on his own properties subcommittee and the District sub- I remember an occasion, I believe he in Virginia, Pennsylvania, and else- committee. He also was ranking Republican was still an incumbent at the time, or where. He grew up in that agricultural on the Select Committee on Narcotics Abuse maybe he had just moved into the vein. He tells stories about working and Control. On the District subcommittee, outer fringes of the House of Rep- with his father from the youngest he was frequently critical of then-Mayor resentatives, but an intruder entered years of his life, and he made a tremen- Marion Barry’s leadership. At one hearing on his house and was doing whatever these dous contribution in that area, and it the D.C. budget, he took Barry to task for is something that most people do not ‘‘corruption and mismanagement’’ citywide. intruders do, and Larry corralled him. He did not pursue reelection in 1992 and be- He apprehended him and held him down know about. I think there could be an came senior counsel to Eckert Seamans until the police arrived. opportunity for us to make a fitting Cherin & Mellott in Washington. In April, he So, again, the kind of courage we tribute to Larry Coughlin by doing joined the Washington office of the St. knew was his wont throughout his life, something in the future for the Na- Louis-based Thompson Coburn law firm and particularly in Korea, manifested itself tional Arboretum, one of his real joys concentrated on transportation and inter- in his own domicile in apprehending a in life. national-commerce matters. He was on the felon. And so he was a hero in many, We are going to miss him very, very board of the Friends of the U.S. National Ar- much, and I in particular. I thank my boretum, where he was a former president. many different ways was Larry Cough- Robert Lawrence Coughlin Jr. was born in lin. colleague, the gentleman from Penn- Wilkes-Barre, Pa., and grew up on his fa- Mr. Speaker, I yield to the gentleman sylvania (Mr. GEKAS), for yielding to ther’s farm near Scranton, Pa. He was a from Nebraska (Mr. BEREUTER), who me. It is hard to itemize all the things nephew of former representative Clarence D. has been eager with me to have this in which Larry made contributions Coughlin (R–Pa.). The younger Rep. Coughlin

VerDate 11-MAY-2000 03:34 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.095 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H181 was a 1946 graduate of the Hotchkiss School Chris. He was in the hospital, again PALLONE) is recognized for 60 minutes in Lakeville, Conn., and a 1950 economics having this blood transfusion, and he as the designee of the minority leader. graduate of Yale University. He received a was with his father, his mother, and his Mr. PALLONE. Mr. Speaker, this master’s degree in business administration brother Maurice. They are a family of evening I would like to highlight the from Harvard University. He was a 1958 grad- negative aspects of the Bush adminis- uate of Temple University’s law school, at- 10. It was amazing to me how this fam- tending classes at night while a foreman on ily was so close-knit there, pulling for tration’s environmental record. I do a steel assembly line during the day. He Chris to come through. He, too, had to not come to the floor lightly. I am not served in the Marine Corps during the Ko- have this blood transfusion, and he, here because I particularly want to be rean War and was aide-de-camp to Lt. Gen. too, had just a wealth of energy, as critical of the President or this admin- Lewis B. ‘‘Chesty’’ Puller. Years later, in much as he could put out; and so much istration; but it has been upsetting to Congress, Rep. Coughlin chaired the Capitol love, so much compassion, smiling all me, particularly because I think in the Hill Marines, a group of congressmen who the time, not knowing exactly whether aftermath of the September 11, because had been in the Marine Corps. He was prac- the Nation and I personally have fo- ticing law at a Philadelphia firm when he he will be with us next year or not. These are children, Mr. Speaker, that cused so much on defense and the war was elected to the Pennsylvania House of on terrorism and homeland security Representatives in1 964 and to the state Sen- have been afflicted with sickle cell dis- ate in1 966. He won his U.S. House seat in ease. And we, as African Americans, issues, many times when efforts were 1968, when Richard S. Schweiker (R) left to know much too often about sickle cell. made by the administration to weaken make a successful bid for the U.S. Senate. We know that sickle cell and that dis- environmental laws or change agency A tall, slender man with a patrician air, ease is a disease that affects a special rules in ways that weaken environ- Rep. Coughlin was known for wearing—and protein inside of our red blood cells mental protection, it has been difficult defending—bow ties. When a magazine writer called hemoglobin. The red blood cell to get the public to pay attention to said in the 1980s that men who wore bow ties those issues or to even get the media’s were not to be trusted, Rep. Coughlin was has an important job. They pick up ox- ygen from the lungs and take it to attention to the fact that in many quoted as saying, ‘‘I’ve never known one who cases environmental regulations have wasn’t trustworthy.’’ His first wife, Helen every part of the body. been watered down or changed in a way Ford Swan Coughlin, died in the early 1950s. We also recognize, Mr. Speaker, that that is not good for the environment. His marriage to Elizabeth Worrell Coughlin sickle cell disease affects 3 in every ended in divorce. Survivors include his wife I was hoping that was just a coinci- 1,000 African American newborns. Al- dence and it would not continue, but it of 21 years, Susan MacGregor Coughlin of Al- though in the United States most cases exandria; a daughter from his first marriage, has continued. There are reports which Lisa Coughlin Powell of Plymouth Meeting, occur among African Americans, this have come out, one of which I would Pa.; three children from his second marriage, disease also affects people of Arabian, like to go into in a little detail to- Lynne Coughlin Samson of Wayne, Pa., Sara Greek, Maltese, Italian, Sardinian, night, which shows that this adminis- Coughlin Noon of Bel Air, Md., and R. Law- Turkish, and of Indian ancestry. Af- tration continues to downgrade, if you rence Coughlin III of Seattle; and five grand- fected children are at an increased risk children. will, environmental protection. of mortality or morbidity, especially in When the President came forth with f the first 3 years of life. his budget last Monday, there was an- SICKLE CELL DISEASE This is why, Mr. Speaker, the Miller other strong indication of his willing- Children’s Hospital at Long Beach Me- The SPEAKER pro tempore (Mr. ness to downgrade environmental con- morial is such an outstanding one be- cerns because of the level of funding SHUSTER). Under a previous order of cause it treats these kids. It has an ab- the House, the gentlewoman from Cali- proposed in his budget for some key en- solutely state-of-the-art clinic that has vironmental programs. fornia (Ms. MILLENDER-MCDONALD) is helped in so many ways with our chil- I do not think that anyone really ex- recognized for 5 minutes. dren gaining their strength and being pected when President Bush took office Ms. MILLENDER-MCDONALD. Mr. able to get back up and go to school that this administration would be Speaker, I had the joy on Monday to and to monitor them. They monitor strong on environmental issues, but visit one of the hospitals in my dis- them to make sure that when there is many times there was rhetoric that trict, the Miller Children’s Hospital lo- a need for them to come back in for a suggested maybe we were wrong and cated in Long Beach and within the transfusion, they come back in. maybe there would be some heightened Long Beach Memorial Hospital com- Sickle cell disease is an inherited dis- concern over the environment. But the plex. What a joy it was, Mr. Speaker, ease of the red blood cells, as I said be- fact of the matter is that the adminis- to talk with the many children who fore, which can cause attacks of pain, tration’s actions are very much the op- had such hope and such enthusiasm damage to vital organs, and risk of se- posite. They continue, whether by reg- even given the fact that they are sickle rious infections that can lead to early ulation or through their spending poli- cell anemia children. death. This is why, Mr. Speaker, for in- cies, to take action which I think ulti- I was met, as I came into the hos- fants and young children with sickle mately hurts the environment. pital, by Kala, age 5. So much spirit, so cell disease they are especially vulner- Mr. Speaker, I want to start out this vibrant, so eager to talk with me about able to severe bacterial infections such evening by going through briefly a re- the things that she does in school. I as those that cause meningitis and port that was put out by the Natural was absolutely pleased to see this blood infection. Infections are the lead- Resources Defense Council, the NRDC youngster, who is really suffering from ing cause of death in children with on January 23, just a couple of weeks sickle cell anemia, to have such hope sickle cell disease. ago. Basically what they looked at was and such determination, something I cannot say enough about the test- agency actions over the spectrum of that we can all and should all emulate. ing and the great physicians and nurses the Nation’s most important environ- And then I went to the next ward and that are helping our children who have mental programs, whether that be pro- I saw Etan. Etan was with his mother sickle cell. So I call on all my fellow tecting air, water, forest, wildlife or and father, and he, too, is suffering colleagues to join me in the fight to public lands. The report is actually en- from sickle cell anemia. I talked with support this universal patient access titled ‘‘Rewriting the Rules: The Bush Etan. He is an A student in school. His and research for sickle cell disease. Administration’s Unseen Assault on father and his mother hailed from Ni- the Environment.’’ It basically pro- geria. He has to come in every so often f vides a review of agency action since for a blood transfusion. b 1830 September 11, and it shows very dra- I was so pleased to see these two matically that there, basically, has BUSH ADMINISTRATION DOWN- young people, who are so vibrant, so been an intensification of efforts after GRADES ENVIRONMENTAL POL- much life, and yet their life can be September 11 to downgrade environ- ICY taken in a moment’s time if they are mental protection. not given this type of blood that they The SPEAKER pro tempore (Mr. I think it is unfortunate that this is have to have. SHUSTER). Under the Speaker’s an- the case because I believe most Ameri- Then I went down the hallway and I nounced policy of January 3, 2001, the cans feel that not only is the environ- saw another young guy by the name of gentleman from New Jersey (Mr. ment an important issue, but it is a

VerDate 11-MAY-2000 02:54 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.034 pfrm01 PsN: H06PT1 H182 CONGRESSIONAL RECORD — HOUSE February 6, 2002 quality-of-life issue that everyone ministration effort to diminish wet- According to the EPA, there were should be concerned about. I find in my lands protection. 40,000 discharges of untreated sewage district in the State of New Jersey, it The President made a pledge during into water bodies, basements, play- does not matter whether a Member is a Earth Day of this year that he would grounds and other areas in the year Republican or a Democrat, Americans preserve wetlands; but if we look at 2000. Before the Bush administration want to protect the environment. what his administration is doing, they took office, the EPA issued long-over- Let me review some of the points supported relaxing a key provision of due rules minimizing raw sewage dis- that this report makes. Again, it is the Clean Water Act, the National Per- charges into waterways, and requiring called ‘‘Rewriting the Rules: The Bush mit Program, which regulates develop- public notification of sewage overflows. Administration’s Unseen Assault on ment and industrial activity in The proposed rules, however, were the Environment.’’ The first is with streams and wetlands. So the Corps of blocked by the regulatory freeze or- reference to clean air. We know that Engineers is loosening the permit dered by the Bush administration last there is a fundamental requirement of standards and making it easier for de- January. A year later, the administra- the Clean Air Act that older electric velopers and mining companies to de- tion still has not issued the final sew- power plants and other smoke stack in- stroy more streams and wetlands. age overflow rules. Technically, they dustries must install state-of-the-art Mr. Speaker, a third area is mining remain under internal review at the cleanup equipment when they expand on public lands. Mining activities have EPA, but in practice they are lan- or modernize their facilities, in other despoiled 40 percent of western water- guishing in regulatory limbo. words when utilities are in the process sheds, according to the EPA. But in- This was an action that was taken by of expanding an older facility. The stead of addressing this problem, the the Clinton administration, by the older facilities may be exempt from Bush administration is making it prior President, in an effort to try to certain standards of the Clean Air Act, worse. In October, the Department of minimize raw sewage overflow into our but if you expand an old facility or the Interior issued new hardrock min- rivers, oceans and streams, and the build a new facility, then the company ing regulations reversing environ- Bush administration when they came has to come under the provisions of the mental restrictions that apply for min- into office basically got rid of that reg- Clean Air Act. It is the grandfathering ing for gold, copper, silver, and other ulation, but promised they would come that is exempt. metals on Federal lands. Under the new up with new ones. A year later we do But what we find is that the Bush ad- rules, the agency has renounced the not have them. Once again we have an ministration is trying to basically government’s authority to deny per- example where clean water, like clean allow expansion of these older, dirty mits on the grounds that a proposed air, like wetlands, all these things are power plants without meeting the new mine could result in substantial irrep- suffering because of either action or in- requirements or the new rules. There is arable harm to the environment. So action by this current administration. a new source requirement that says the new rules also limit corporate li- The last thing that the NRDC men- that for new industrial facilities and ability for irresponsible mining prac- tions in the report is OMB’s centralized power plants, that industry has to put tices, undermining cleanup standards assault. The full-scale regulatory re- in place air quality improvements. that safeguard ground and surface treat at Federal environmental agen- That needs to be done for older, ex- water. cies is only part of the story, according panded plants, the same way as is re- b 1845 to the NRDC. quired for new plants. But the Bush ad- These were again put into place in Over the long term, the most telling ministration is saying that older October, in the aftermath of September indication of the Bush administration’s plants may be expanded without hav- 11, essentially when most of us, includ- intentions is the role played by the Of- ing to upgrade equipment. ing the media, were not paying too fice of Management and Budget. The Mr. Speaker, when the Clean Air Act much attention. Bush administration has given unprec- was passed, it was understood that A fourth area that I would like to edented new power to OMB to gut ex- even though the older plants were mention that is in the NRDC report is isting environmental rules and bottle grandfathered, that they would be particularly important to me, because up new ones indefinitely. And the OMB phased out and at some point there when I was first elected to Congress has carried this effort a step further by would only be the new plants which back in 1988, basically I ran on a plat- reaching out to polluters and their met the stricter environmental cri- form that I was going to put an end to champions on Capitol Hill to develop a teria. If this administration allows the ocean dumping off the coast of New hit list of environmental safeguards older plants to essentially retool and Jersey, off the coast of my district. I they plan to weaken. The list provides expand under the old rules, not only have been very successful with my col- a road map of upcoming regulatory will those plants continue to have a leagues from New Jersey, with my battles that include safe drinking life of their own, but now there will be other Members of the House, with the water standards, controls on toxins, even more power generated using old Senators from New Jersey over that 14- Clean Air Act requirements, water pol- and outmoded methods that allow the year period now to basically put an end lution limits, pollution from factory air to be more and more polluted. to all direct dumping, if you will, in farms, and forest planning regulations. The second issue that the NRDC re- the ocean, whether it be sewage or The problem that I see, Mr. Speaker, port references with regard to wet- toxic dredge material or the other is that this administration started out lands. For more than a decade, the cor- types of materials. We had all kinds of basically saying that they were going nerstone of America’s approach to wet- garbage and different things that were to try to improve the environment, lands protection has been a policy that placed out in the ocean. making that commitment. A lot of us calls for no net loss of wetlands. This Sewage, of course, contains bacteria, doubted that that commitment was actually originated with the first viruses, fecal matter and other wastes, real, and now in the aftermath of Sep- President Bush, with the first Bush ad- and it is responsible each year for tember 11 we see that it is not real, ministration. But with no public notice beach closures, fish kills, shellfish-bed and, in fact, every effort is being made or opportunity for comment, the U.S. closures and human gastrointestinal to gut environmental protection. I Army Corps of Engineers moved to ef- and respiratory illnesses. In 1988 in think that the public increasingly will fectively reverse this long-standing New Jersey, because of all the medical not stand for this. If anything, the policy by issuing a new guidance on waste and the sewage sludge that was Enron scandal points out that the pub- wetlands mitigation. These weaker washing up on the beaches in the sum- lic is very wary of big business, cor- standards would mean the loss of tens mer, we actually had to close all the porate interests being able to extend of thousands of acres of wetlands that beaches in the State, or almost all the their political influence on Capitol Hill provide flood protection, clean water beaches in the State. It cost New Jer- to do things that are not in the inter- and fish and wildlife habitat. This re- sey billions of dollars. People were get- est of the little guy, that are not in the versal of the no net-loss policy, which ting sick, the economy was suffering, it interest of the general public. I have no has occurred since September 11, is just was really a bad situation, both doubt that the environment is some- one component of a broader Bush ad- healthwise and economically speaking. thing that the public sincerely cares

VerDate 11-MAY-2000 02:54 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.098 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H183 about and that once these administra- and also zeroing out the Urban Parks they recover. At least 40 currently list- tion actions are brought to light, we and Recreation Program. It substan- ed species could become extinct, even can see mounting support to oppose tially increases the level in the fund though they are listed and protected, any kind of changes that seek to basi- for Federal lands maintenance, and because there is not enough funding for cally downplay or degrade the environ- this was supposed to be complemen- needed recovery actions. I will not list ment. tary, not part of the effort to acquire all of these, but the Florida panther is I wanted to mention, Mr. Speaker, if more open space. one, and a number of Hawaiian birds I could, what happened and some of the So what we see is a promised pro- and plants. Again, this is another area highlighted cuts that the President gram, the Land and Water Conserva- where the administration is basically brought forward in his budget last tion Fund, which was supposed to be allowing a program to degrade because Monday. I think that, as with every- money set aside just for specific open we do not have the money to either list thing related to the environment, the space purposes, now being cut even an endangered species or to protect key is having good laws on the books, though there was a commitment over them. having agencies that will carry out this period of time to make sure that it I wanted to also mention the Cooper- those laws, but those agencies cannot was fully funded. ative Conservation Initiative. The ad- carry out those laws unless they have There is a similar problem with wild- ministration is proposing $100 million the funding to do so, and in many cases life refuges. The wildlife refuge system for a new Cooperative Conservation they do not have the enforcement arm celebrates its 100th anniversary in 2003. Initiative while mandated actions and to make sure that permits are not vio- Defenders and a number of other orga- current programs are crying for funds. lated and that people are basically not nizations have called for more than They are coming up with this new pro- going along with the laws that exist, doubling the refuge system’s budget to gram proposed that supposedly is going the good laws that exist on the envi- a total of $700 million so that it has the to deal with conservation issues, but it ronment. funds to carry out its mission. In other is not at all clear what its purpose is, When you talk about cutbacks in the words, there was supposed to be a sig- at the same time that they are cutting areas that I am going to discuss, that nificant increase in this fund. But what back on funding for some of the other has a major impact on the ability to has happened, what the Bush adminis- programs like the Land and Water Con- improve environmental quality. If the tration has proposed, is to basically servation Fund and the endangered money is not there to clean up the cut back on staff. Nearly 200 refuges species program. water, to clean up the air, to take the have no staff on site, and at its fiscal There are two other areas I wanted to action, to do the enforcement, then we year 2002 funding level, needed oper- mention this evening, Mr. Speaker. will continue to see a policy of environ- ation increases are five times greater One deals with oil and gas development mental degradation. than needed maintenance increases. on public lands. The other deals with I wanted to get into a little detail What the administration is doing again our national forests. What the Bush ad- about some of the budget concerns that here is not providing enough funding to ministration is doing in their budget, I have in what the President proposed actually run the wildlife refuge pro- the President’s budget, boosts oil and gas development on our public lands. last Monday. In the first instance, I grams and making it more and more Under the Bureau of Land Manage- would like to talk about the Land and difficult to maintain the refuges ment, the administration is requesting Water Conservation Fund. This is real- around the country. a $10.2 million increase to expand en- ly an open space issue. We have a similar situation with en- ergy and mineral development on pub- At the end of the 106th Congress, the dangered species. The administration lic lands, including expedited permit- work of numerous Members, adminis- has requested $125.7 million, level fund- ting and increased leasing, energy-re- tration officials and literally thou- ing, for the Fish and Wildlife Service lated rights of way and further devel- sands of conservation, environmental core endangered species program. But opment on Alaska’s North Slope, in- and recreation interests across the this amount falls far short of the $275 cluding plans for drilling, of course, in country culminated in what was the million recommended for the next fis- ANWR, the Arctic National Wildlife greatest piece of conservation funding cal year by environmental groups. Refuge, in Alaska. The administra- legislation enacted in our lifetime. They do not have enough funding in tion’s budget includes assumptions of This was at the end of the last Con- the Fish and Wildlife Service to com- receipts from lease sales in ANWR in gress. There was a bipartisan deal that plete action on more than 250 species 2004. It also requested a $14 million in- set aside a total of $12 billion over a 6- that are currently candidates for pro- crease for the Bureau of Land Manage- year period, from 2001 to 2006, to fund tection. This is the listing of the spe- ment land use plans, some of which are an array of important programs, in- cies under the Endangered Species Act. for national conservation areas, but cluding the Land and Water Conserva- So if you do not have the money to ac- some are for energy development. tion Fund that protected open space, tually go out and list species and de- I am not saying that it is always a wildlife habitat, wildlife and cultural cide what is going to be on the endan- bad thing to increase oil and gas drill- treasures, and supported recreation. gered species list, essentially there is ing, but in many of these cases these This fund, the Land and Water Con- no protection for those species. actions are being taken in environ- servation Fund, is dedicated and pro- Last year, the Service estimated that mentally sensitive areas, particularly tected for these purposes. It cannot be it needs $120 million, or $24 million per ANWR. Obviously the administration, used for any other budget purposes. year over 5 years, just for the process the President, continues to push for The fund started out at $1.6 billion of eliminating the backlog for listing drilling in ANWR, which from an envi- and is slated for 10 percent increases critical species. This does not account ronmental point of view would be very each year to reach a total of $2.4 billion for a lot more that could be looked at damaging to the wildlife refuge and to by fiscal year 2006. The fund is large and placed on the list. The administra- the environment in general in Alaska. enough to fully fund the open space tion has requested just $9 million for The last thing I wanted to mention program that Congress enacted, but listing. Again, this is a way through relates to national forests. The Forest the administration in its budget pro- the budget that the Bush administra- Service budget includes a damaging posal cut this historic program by $250 tion makes it more difficult, if not im- pilot charter forest legislative proposal million below its authorized level of possible, to enforce the Endangered that establishes forests or portions of $1.92 billion for the next fiscal year. Species Act, by not providing enough forests as separate entities outside of The Bush administration’s budget funding to do the process of listing spe- the national forest system structure also erodes the original purpose of this cies. That is just the listing process. and reporting to a local trust entity for Land and Water Conservation Fund, At the same time, the Fish and Wild- oversight, so basically to get rid of the first by cutting existing programs such life Service is desperately short of oversight requirements that currently as the Land and Water Conservation funding needed to recover species; in exist. Fund by $88 million, State and tribal other words, those that have already This is nothing more than a give- wildlife grants by $25 million, and the been listed and need actions by the away of portions of our national for- Endangered Species Fund by $5 million; Federal Government to make sure that ests, which, of course, are irreplaceable

VerDate 11-MAY-2000 02:54 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.100 pfrm01 PsN: H06PT1 H184 CONGRESSIONAL RECORD — HOUSE February 6, 2002 ecosystems that belong to all the bring other colleagues to draw more Some had their land foreclosed for American people. The budget also in- and more attention to the President’s minor debts. Still others lost their land cludes a timber sales offer level of 2 anti-environment policies. They are to tricky legal maneuvers, still being billion boardfeet, a substantial in- not in sync with the American people, used today, called partitioning, in crease from the 1.4 billion boardfeet in and they are certainly not in accord- which savvy buyers can acquire an en- recent years. This reflects a return to ance with the promises that he made tire family’s property if just one heir the timber targets of the Reagan years when he first ran for President. agrees to sell them one parcel, however when politicians set logging levels that f small. had no basis in science. It is also a Mr. Speaker, although I am going to clear departure from the practice of re- THE CASE FOR REPARATIONS submit the entire research by the Asso- cent years to manage for the health The SPEAKER pro tempore (Mr. ciated Press as part of my statement, I and sustainability of the land, with SHUSTER). Under the Speaker’s an- wish at this time to read an excerpt outputs a by-product of good land man- nounced policy of January 3, 2001, the from one of those series: agement, not a good goal. The Forest gentleman from South Carolina (Mr. ‘‘As a little girl, Doria Dee often Service is heavily subsidized to meet CLYBURN) is recognized for 60 minutes. asked about the man in the portrait these harvest goals. Mr. CLYBURN. Mr. Speaker, I am hanging in her aunt’s living room, her Again, Mr. Speaker, sometimes it is pleased to offer a Special Order tonight great-great grandfather. ‘It’s too pain- difficult, I think, to understand a lot of in conjunction with the gentlewoman ful,’ her elderly relatives would say, these measures, whether it be the from North Carolina (Mrs. CLAYTON), and they would look away. budget measures or the agency actions who will be joining us very shortly, as ‘‘A few years ago, Johnson, now 40, that I mentioned before in the after- well as some other members of the went to look for answers in the rural math of September 11. It is hard to Congressional Black Caucus, to speak town of Abbeville, South Carolina. monitor and to realize the impact of a on an issue that we feel is very, very ‘‘She learned that in his day the man lot of these actions because they are in important to our constituents and to in the portrait, Anthony B. Crawford, specific agencies, they impact certain our great Nation. was one of the most prosperous farmers parts of the country. But if you add Mr. Speaker, reparations, the act or in Abbeville County. That is until Oc- them all up, both the budget cuts as process of making amends, is a word tober 21, 1916, the day the 51-year-old well as the agency actions in the last that often evokes vociferous reactions farmer hauled a wagon load of cotton few months, you can see that this ad- from many citizens in our Nation. Ever to town. ‘‘Crawford ‘seems to have been the ministration is clearly moving more since I have been in Congress, among type of Negro who was most offensive and more in intensifying its efforts to the first bills introduced at the begin- to certain elements of the white peo- try to cut back on environmental pro- ning of the term are bills calling for ple,’ Mrs. J.B. Holman would say a few tection. reparations for slavery. days later in a letter published by the b 1900 Although I have always supported legislation dealing with the establish- Abbeville Press and Banner. ‘He was I think the only way that we are ment of a commission and various getting rich for a Negro, and he was in- going to stop this is if more and more other efforts to examine the issue of solent along with it.’ people speak out. It is being done basi- ‘‘Crawford’s prosperity had made him reparations, I have not always sup- cally under the cover of September 11, a target. ported other measures, many of which when a lot of the media are not paying ‘‘ ‘The success of blacks such as call for direct remuneration. There was attention, and I hope that over the Crawford threatened the reign of white next few months we are able to bring always the question of who can be iden- supremacy,’ said Stewart E. Tolnay, a more and more attention to some of tified as deserving, and how do we de- sociologist at the University of Wash- these measures and to get the adminis- termine how much they deserve. ington and coauthor of a book on But the question of reparations in tration to stop intensifying their ef- lynchings. ‘There were obvious limita- forts. the traditional form aside, I believe tions or ceilings that blacks weren’t I notice that since I have been in very strongly that there is ample docu- supposed to go beyond.’ Congress, if an action is taken to weak- mentation of various forms of racial ‘‘In the decades between the Civil en the Clean Air Act or Clean Water injustices that occurred very often War and the civil rights era, one of Act in committee or on the floor of the under the color of law. Not only can we those limitations was owning land. House, because it is legislative, Mem- document the injustices in many of ‘‘Racial violence in America is a fa- bers are usually aware of it and they these instances, but we can also iden- miliar story, but the importance of can come in committee or to the floor tify those who were the subject of the land as a motive for lynchings and and object to it and usually put a stop injustices; and the time is long since white mob attacks on blacks has been to it because of the public outcry. passed for our government to take up widely overlooked, and the resulting But when it comes to agency actions, where we fell short in 1872 when this land losses suffered by black families when it comes to cutbacks in funding Congress rescinded ‘‘40 acres and a such as the Crawfords have gone large- for some of the agencies in the fashion mule.’’ ly unreported. that I have described this evening, it is The Associated Press recently docu- ‘‘The Associated Press documented 57 a much more insidious process and mented some of these injustices when violent land takings, more than half of much more difficult I think for the it conducted an 18-month long inves- the 107 land takings in an 18-month in- public to understand what is going on tigation into black landowners who vestigation of black land lost in Amer- or to focus on it; and I just think it is have illegally and sometimes legally ica. The other cases involved trickery extremely unfortunate that the Presi- had their land stolen from them. After and legal manipulations. dent has taken advantage of this period interviewing 1,000 people and exam- ‘‘Sometimes black landowners were since September 11 to intensify his ef- ining tens of thousands of public attacked by whites who just wanted to forts to degrade the environment and records, the Associated Press docu- drive them from their property. In to take both these agency and budget mented 107 land-takings in 13 Southern other cases, the attackers wanted the actions. and border States. In those cases, 406 land for themselves. Obviously, we have an opportunity black landowners lost more than 24,000 ‘‘For many decades, successful blacks during the appropriations process to acres of farm and timberland, plus 85 ‘lived with the gnawing fear that white turn this around and not accept the smaller properties, including stores neighbors could at any time do some- President’s budget on a lot of these en- and city lots. thing violent and take everything from vironmental initiatives, and that has This research was compiled in a three them,’ this, according to Loren to be part of what we try to accomplish part series titled ‘‘Torn From the Schweninger, a University of North over the next few months as we move Land,’’ which detailed how blacks in Carolina expert on black land owner- through the appropriations process. America were cheated out of their land ship. I will say once again, it is my inten- or driven from it through intimidation, ‘‘While waiting his turn at the gin tion to come to the floor again and violence, and even murder. that fall day in 1916, Crawford entered

VerDate 11-MAY-2000 02:54 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.102 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H185 the mercantile store of W.D. Barksdale. Some of those whispered bits of oral his- farmer in Hickman, Ky., and ordered him to Contemporary news accounts and the tory, it turns out, are true. come out for a whipping. When David Walker papers of then Governor Richard Man- In an 18-month investigation, The Associ- refused and shot at them instead, the mob ated Press documented a pattern in which poured coal oil on his house and set it afire, ning detailed what followed: black Americans were cheated out of their according to contemporary newspaper ac- ‘‘Barksdale offered Crawford 85 cents land or driven from it through intimidation, counts. Pleading for mercy, Walker ran out a pound for his cottonseed. Crawford violence and even murder. the front door, followed by four screaming replied that he had a better offer. In some cases, government officials ap- children and his wife, carrying a baby in her Barksdale called him a liar. Crawford proved the land takings; in others, they took arms. The mob shot them all, wounding called the storekeeper a cheat. Three part in them. The earliest occurred before three children and killing the others. Walk- clerks grabbed ax handles, and backed the Civil War; others are being litigated er’s oldest son never escaped the burning today. house. No one was ever charged with the Crawford into the street, where the Some of the land taken from black fami- sheriff appeared and arrested Crawford, killings, and the surviving children were de- lies has become a country club in Virginia, prived of the farm their father died defend- for cursing a white man. oil fields in Mississippi, a major-league base- ing. Land records show that Walker’s 21⁄2- ‘‘Released on bail, Crawford was cor- ball spring training facility in Florida. acre farm simply folded into the property of The United States has a long history of nered by 50 whites who beat and knifed a white neighbor. The neighbor soon sold it bitter, often violent land disputes, from him. The sheriff carried him back to to another man, whose daughter owns the claim jumping in the gold fields to range jail. A few hours later, the deputy gave undeveloped land today. wars in the old West to broken treaties with In the 1950s and 1960s, a Chevrolet dealer in the mob the keys to Crawford’s cell. American Indians. Poor white landowners, ‘‘Sundown found them at a baseball Holmes County, Miss., acquired hundreds of too, were sometimes treated unfairly, pres- acres from black farmers by foreclosing on field at the edge of town. There, they sured to sell out at rock-bottom prices by small loans for farm equipment and pickup hanged Crawford from a solitary south- railroads and lumber and mining companies. trucks. Norman Weathersby, then the only The fate of black landowners has been an ern pine. dealer in the area, required the farmers to overlooked part of this story. ‘‘No one was ever tried for the kill- The AP—in an investigation that included put up their land as security for the loans, ing. In its aftermath, hundreds of interviews with more than 1,000 people and county residents who dealt with him said. blacks, including some of the the examination of tens of thousands of pub- And the equipment he sold them they said, Crawfords, fled Abbeville. lic records in county courthouses and state often broke down shortly thereafter. ‘‘Two whites were appointed execu- and federal archives—documented 107 land Weathersby’s friend, William E. Strider, ran the local Farmers Home Administration— tors of Crawford’s estate, which in- takings in 13 Southern and border states. In those cases alone, 406 black landowners the credit lifeline for many Southern farm- cluded 427 acres of prime cotton land. ers. Area residents, including Erma Russell, One was Andrew J. Ferguson, cousin of lost more than 24,000 acres of farm and tim- ber land plus 85 smaller properties, including 81, said Strider, now dead, was often slow in two of the mob’s ring leaders. stores and city lots. Today, virtually all of releasing farm operating loans to blacks. ‘‘Crawford’s children inherited the this property, valued at tens of millions of When cash-poor farmers missed payments land, but Ferguson liquidated much of dollars, is owned by whites or by corpora- owed to Weathersby, he took their land. The the rest of Crawford’s property, includ- tions. AP documented eight cases in which ing his cotton, which went to Properties taken from blacks were often Weathersby acquired black-owned farms this small—a 40-acre farm, a general store, a way. When he died in 1973, he left more than Barksdale. Ferguson kept $5,438, more 700 acres of this land to his family, according than half the proceeds, and gave modest house. But the losses were dev- astating to families struggling to overcome to estate papers, deeds and court records. Crawford’s children just $200 each, ac- the legacy of slavery. In the agrarian South, In 1964, the state of Alabama sued Lemon cording to estate papers. landownership was the ladder to respect and Williams and Lawrence Hudson, claiming the ‘‘Crawford’s family struggled to hold prosperity—the means to building economic cousins had no right to two 40-acre farms on to the land, but eventually lost it security and passing wealth on to the next their family had worked in Sweet Water, when they could not pay off a $2,000 generation. When black families lost their Ala., for nearly a century. The land, officials balance on the bank loan. Although the land, they lost all of this. contended, belonged to the state. Circuit Judge Emmett F. Hildreth urged the state to farm was assessed at $20,000, a white ‘‘When they steal your land, they steel your future,’’ said Stephanie Hagans, 40, of drop its suit, declaring it would result in ‘‘a man paid $504 for it at the foreclosure Atlanta, who has been researching how her severe injustice.’’ But when the state re- auction, according to land records. great-grandmother, Ablow Weddington Stew- fused, saying it wanted income from timber ‘‘ ‘There’s land taken away and art, lost 35 acres in Mattews, N.C. A white on the land, the judge ruled against the fam- there’s murder,’ said Johnson, of Alex- lawyer foreclosed on Stewart in 1942 after he ily. Today, the land lies empty; the state re- andria, Virginia. ‘But the biggest crime refused to allow her to finish paying off a cently opened some of it to logging. The was that our family was split up by $540 debt, witnesses told the AP. state’s internal memos and letters on the this. My family got scattered into the ‘‘How different would our lives be,’’ Hagans case are peppered with references to the fam- asked, ‘‘if we’d had the opportunities, the ily’s race. night.’ pride that land brings? In the same courthouse where the case was ‘‘The former Crawford land provided No one knows how many black families heard, the AP located deeds and tax records timber to several owners before Inter- have been unfairly stripped of their land, but documenting that the family had owned the national Paper Corporation acquired there are indications of extensive loss. land since ancestor bought the property on the property last year. Jenny Besides the 107 cases the AP documented, Jan. 3, 1874. Surviving records also show the Boardman, a company spokeswoman, reporters found evidence of scores of other family paid property taxes on the farms from said International Paper was unaware land takings that could not be fully verified the mid-1950s until the land was taken. because of gaps or inconsistencies in the pub- AP reporters tracked the land cases by re- of the land’s history. When told about lic record. Thousands of additional reports of viewing deeds, mortgages, tax records, estate it, she said: ’The Crawford story is land takings from black families remain papers, court proceedings, survey or maps, tragic. It causes you to think that uninvestigated. oil and gas leases, marriage records, census there are facets of our history that Two thousands have been collected in re- listings, birth records, death certificates and need to be discussed and addressed.’’’ cent years by the Penn Center on St. Helena Freedmen’s Bureau archives. Additional doc- Mr. Speaker, I include the entire As- Island, S.C., an educational institution es- uments, including FBI files and Farmers sociated Press series of articles enti- tablished for freed slaves during the Civil Home Administration records, were obtained War. The Land Loss Prevention Project, a through the Freedom of Information Act. tled ‘‘Torn From the Land’’ for the group of lawyers in Durham, N.C., who rep- The AP interviewed black families that RECORD. resent blacks in land disputes, said it re- lost land, as well as lawyers, title searchers, [From the Associated Press] ceives new reports daily. And Heather Gray historians, appraisers, genealogists, sur- AP DOCUMENTS LAND TAKEN FROM BLACKS of the Federation of Southern Cooperatives veyors, land activists, and local, state and THROUGH TRICKERY, VIOLENCE AND MURDER in Atlanta said her organization has ‘‘file federal officials. cabinets full of complaints.’’ The AP also talked to current owners of (By Todd Lewan and Dolores Barclay) AP’s findings ‘‘are just the tip of one of the the land, nearly all of whom acquired the For generations, black families passed biggest crimes of this country’s history,’’ properties years after the land takings oc- down the tales in uneasy whispers: ‘‘They said Ray Winbush, director of Fisk Univer- curred. Most said they knew little about the stole our land.’’ sity’s Institute of Race Relations. history of their land. When told about it, These were family secrets shared after the Some examples of land takings docu- most expressed regret. children fell asleep, after neighbors turned mented by the AP: Weathersby’s son, John, 62, who now runs down the lamps—old stories locked in fear After midnight on Oct. 4, 1908, 50 hooded the dealership in Indianola, Miss., said he and shame. white men surrounded the home of a black had little direct knowledge about his father’s

VerDate 11-MAY-2000 02:54 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.104 pfrm01 PsN: H06PT1 H186 CONGRESSIONAL RECORD — HOUSE February 6, 2002 business affairs. However, he said he was gunshot wounds in the back, The McComb the predominantly white western half of the sure his father never would have sold defec- Enterprise newspaper reported at the time. county were safe in another courthouse tive vehicles and that he always treated peo- Today, the Simmons land—thick with tim- miles away. ple fairly. ber and used for hunting—is privately owned The door to the Paulding courthouse’s Alabama Gov. Don Siegelman examined and is assessed at $33,660. (Officials assess safe, which protected the records, had been the state’s files on the Sweet Water case property for tax purposes, and the valuation locked the night before, the Jasper County after an inquiry from the AP. He said he is usually less than its market value.) News reported at the time. The next morn- found them ‘‘disturbing’’ and has asked the Over the past 20 years, a handful of black ing, the safe was found open, most of the state attorney general to review the matter. families have sued to regain their ancestral records reduced to ashes. lands. State courts, however, have dismissed ‘‘What I have asked the attorney general Suddenly, it was unclear who owned a big their cases on grounds that statutes of limi- to do,’’ he said, ‘‘is look not only at the let- piece of eastern Jasper County. ter of the law but at what is fair and right.’’ tations had expired. The land takings are part of a larger pic- A group of attorneys led by Harvard Uni- Even before the courthouse fire, land- ture—a 91-year decline in black landowner- versity law professor Charles J. Ogletree has ownership in Jasper County was contentious. ship in America. been making inquiries recently about land According to historical accounts, the Ku In 1910, black Americans owned more farm- takings. The group has announced its inten- Klux Klan, resentful that blacks were buying land than at any time before or since—at tion to file a national class-action lawsuit in and profiting from land, had been attacking least 15 million acres. Nearly all of it was in pursuit of reparations for slavery and racial black-owned farms, burning houses, lynching the South, largely in Mississippi, Alabama discrimination. However, some legal experts black farmers and chasing black landowners and the Carolinas, according to the U.S. Ag- say redress for many land takings may not away. ricultural Census. Today, blacks won only 1.1 be possible unless laws are changed. The Masonite Corp., a wood products com- million of the country’s more than 1 billion As the acres slipped away, so did treasured pany, was one of the largest landowners in acres of arable land. They are part owners of pieces of family history—cabins crafted by a the area. Because most of the land records another 1.07 million acres. grandfather’s hand, family graves in shared had been destroyed, the company went to The number of white farmers has declined groves. court in December 1937 to clear its title. Ma- over the last century, too, as economic But ‘‘the home place’’ meant more than sonite believed it owned 9,581 acres and said trends have concentrated land in fewer, often just that. Many blacks have found it ‘‘very in court papers that it had been unable to lo- corporate, hands. However, black ownership difficult to transfer wealth from one genera- cate anyone with a rival claim to the land. has declined 21⁄2 times faster than white own- tion to the next,’’ because they had trouble A month later, the court rules the com- ership, the U.S. Civil Rights Commission holding onto land, said Paula Giddings, a pany had clear title to the land, which has noted in a 1982 report, the last comprehen- history professor at Duke University. since yielded millions of dollars in natural sive federal study on the trend. The Espy family in Vero Beach, Fla., lost gas, timber and oil, according to state The decline in black landownership had a its heritage in 1942, when the U.S. govern- records. number of causes, including the discrimina- ment sized its land through eminent domain From the few property records that re- tory lending practices of the Farmers Home to build an airfield. Government agencies main, the AP was able to document that at Administration and the migration of blacks frequently take land this way for public pur- least 204.5 of those acres had been acquired from the rural South to industrial centers in poses under rules that require fair compensa- by Masonite after black owners were driven the North and West. tion for the owners. off by the Klan. At least 850,000 barrels of oil However, the land takings also contrib- In Vero Beach, however, the Navy ap- have been pumped from this property, ac- uted. In the decades between Reconstruction praised the Espy’s 147 acres, which included cording to state oil and gas board records and the civil rights struggle, black families a 30-acre fruit grove, two houses and 40 house and figures from the Petroleum Technology were powerless to prevent them, said Stuart lots, at $8,000, according to court records. Transfer Council, an industry group. E. Tolnay, a University of Washington soci- The Espys sued, and an all-white jury award- Today, the land is owned by International ologist and co-author of a book on ed them $13,000. That amounted to one-sixth Paper Corp., which acquired Masonite in Lynchings. In an era when black Americans of the price per acre that the Navy paid 1988. Jenny Boardman, a company spokes- could not drink from the same water foun- white neighbors for similar land with fewer woman, said International Paper has been tains as whites and black men were lynched improvements, records show. unaware of the ‘‘tragic’’ history of the land for whistling at white women, few blacks After World War II, the Navy gave the air- and was concerned about AP’s findings. dared to challenge whites. Those who did field to the city of Vero Beach. Ignoring the could rarely find lawyers to take their cases Espy’s plea to buy back their land, the city ‘‘This is probably part of a much larger, or judges who would give them a fair hear- sold part of it, at $1,500 an acre, to the Los public debate about whether there should be ing. Angeles Dodgers in 1965 as a spring training restitution for people who have been harmed The Rev. Isaac Simmons was an exception. facility. in the past,’’ she said. ‘‘And by virtue of the When his land was taken, he found a lawyer In 1999, the former Navy land, with parts of fact that we now own these lands, we should and tried to fight back. Dodgertown and a municipal airport, was as- be part of that discussion.’’ In 1942, his 141-acre farm in Amite County, sessed at $6.19 million. Sixty percent of that Even when Southern courthouses remained Miss., was sold for nonpayment of taxes, land once belonged to the Espys. The team standing, mistrust and fear of white author- property records show. The farm, for which sold its property to Indian River County for ity long kept blacks away from record his father had paid $302 in 1887, was brought $10 million in August, according to Craig rooms, where documents often were seg- by a white man for $180. Callan, a Dodgers official. regated into ‘‘white’’ and ‘‘colored.’’ Many Only partial, tattered tax records for the The true extent of land takings from black elderly blacks say they still remember how period exist today in the county courthouse; families will never be known because of gaps they were snubbed by court clerks, spat upon but they are enough to show that tax pay- in property and tax records in many rural and even struck. ments on at least part of the property were Southern counties. The AP found crumbling Today, however, fear and shame have given current when the land was taken. tax records, deed books with names torn way to pride. Interest in genealogy among Simmons hired a lawyer in February 1944 from them, file folders with documents miss- black families is surging, and some black and filed suit to get his land back. On March ing, and records that had been crudely al- Americans are unearthing the documents be- 26, a group of whites paid Simmons a visit. tered. hind those whispered stories. In Jackson Parish, La., 40 years of moldy, The minister’s daughter, Laura Lee Hous- ‘‘People are out there wondering: What gnawed tax and mortgage records were piled ton, now 74, recently recalled her terror as ever happened to Grandma’s land?’’ said Lo- in a cellar behind a roll of Christmas lights she stood with her month-old baby in her retta Carter Hanes, 75, a retired genealogist. and a wooden reindeer. In Yazoo County, arms and watched the man drag Simmons ‘‘They knew that their grandparents shed a Miss., volumes of tax and deed records filled away. ‘‘I screamed and hollered so loud,’’ she lot of blood and tears to get it.’’ said. ‘‘They came toward me and I ran down a classroom in an abandoned school, the pa- Bryan Logan, a 55-year-old sports writer in the woods.’’ pers coated with white dust from a falling The whites then grabbed Simmons’ son, ceiling. The AP retrieved dozens of docu- from Washington, D.C., was researching his Eldridge, from his house and drove the two ments that custodians said were earmarked heritage when he uncovered a connection to men to a lonely road. for shredders or landfills. 264 acres of riverfront property in Richmond, ‘‘Two of them kept beating me,’’ Eldridge The AP also found that about a third of the Va. Simmons later told the National Association county courthouses in Southern and border Today, the land is Willow Oaks, an almost for the Advancement of Colored People. states have burned—some more than once— exclusively white country club with an as- ‘‘They kept telling me that my father and I since the Civil War. Some of the fires were sessed value of $2.94 million. But in the 1850s, were ‘smart niggers’ for going to see a law- deliberately set. it was a corn-and-wheat plantation worked yer.’’ On the night of Sept. 10, 1932, for example, by the Howlett slaves—Logan’s ancestors. Simmons, who has since died, said his cap- 15 whites torched the courthouse in Their owner, Thomas Howlett, directed in tors gave him 10 days to leave town and told Paulding, Miss., where property records for his will that his 15 slaves be freed, that his his father to start running. Later that day, the eastern half of Jasper County, then pre- plantation be sold and that the slaves re- the minister’s body turned up with three dominately black, were stored. Records for ceived the proceeds. When he died in 1856, his

VerDate 11-MAY-2000 03:41 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.058 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H187 white relatives challenged the will, but two on the island’s northwestern nose, in an area everything,’’ said Willie Williams, 50. ‘‘We courts upheld it. called Belle Marsh. never saw those deeds again.’’ Yet the freed slaves never got a penny. In some swaps, deed records show, blacks In 1965, a fire ravaged the Marengo County Benjamin Hatcher, the executor of the es- also received ‘‘other consideration.’’ In Hicks courthouse. Many records survived; the file tate, simply took over the plantation, court Walker’s case, his daughter said, it was tim- containing the Williams and Hudson court records show. He cleared the timber and ber for a new house. But when the wood was case apparently did not. The Associated mined the stone, providing granite for the delivered, she said, Reynolds charged him for Press found only the trial docket. Navy and War Department buildings in it. The State Lands Division in Montgomery, Washington and the capitol in Richmond, ac- Nearly all of the black landowners in Rac- however, monitored the case. Letters and in- cording to records in the National Archives. coon Bluff—at least a dozen families—made ternal memos from those files are peppered When the Civil War ended in 1865, the similar land swaps with Reynolds. with references to the Williams and Hudson former slaves complained to the occupying Why would they agree to such deals? families’ race. They show officials ada- Union Army, which ordered Virginia courts Cornelia Bailey’s father was pressured to mantly opposed to allowing ‘‘the negro de- to investigate. make the swap, she said, recalling what her fendants’’ to keep the land, even thought Hatcher testified that he had sold the plan- parents had told her. ‘‘They started laying in they acknowledged in writing that both fam- tation in 1862—apparently to his son, Thom- subtle threats: ‘Now, Hicks, it would be hard ilies could trace their ownership back to as—but had not given the proceeds to the on you if you have to leave the island and 1874. former slaves. Instead, court papers show, your family’s here to take care of.’ That was In an April 30, 1964, memo, George T. Driv- the proceeds were invested on their behalf in a subtle threat that . . . he would lose his er, a former state lands director, wrote: ‘‘The Confederate War Bonds. There is nothing in job.’’ lands are being claimed by Lemon Williams the public record to suggest the former On Sapelo, in those days, ‘‘either you . . . (a colored man).’’ A Nov. 30, 1964, slaves wanted their money used to support worked for Reynolds or you didn’t work at memo by William G. O’Rear, chief attorney the Southern war effort. all,’’ she said. for the state conservation department, refers Moreover, the bonds were purchased in the After Reynolds’ death, his wife, Annemarie to ‘‘the negro defendants.’’ And in 1966, former slaves’ names in 1864—a dubious in- S. Reynolds, sold most of their Sapelo hold- Marengo’s tax assessor noted: ‘‘Land Bk vestment at best in the fourth year of the ings to the state of Georgia for $835,000 in shows above 40 acres still owned by L.B. Hud- war. Within months, Union armies were 1969. Today, the state runs a marine research son (black).’’ marching on Atlanta and Richmond, and the institute on the island. A year later, Circuit Judge Emmett F. bonds were worthless pieces of paper. Reached at her home in Switzerland, Rey- Hildreth asked the state to reconsider the The blacks insisted they were never given nolds was asked if she thought the land lawsuit. Taking the land, he wrote, ‘‘would even that, but in 1871, Virginia’s highest swaps had been fair. create a severe injustice.’’ court rules that Hatcher was innocent of ‘‘I guess so,’’ she said. ‘‘Mr. Reynolds tried Claude D. Kelley, then Alabama’s director wrongdoing and that the former slaves were to do a good thing for their benefit.’’ of conservation, replied that the state had no The Reynolds family kept some of the owed nothing. intention of dropping the lawsuit because in- land, including 698 acres in Raccoon Bluff The following year, the plantation was bro- come from cutting timber on its could be now managed by The Sapelo Foundation, a ken up and sold at a public auction. Hatch- used for state-run hospitals. er’s son received the proceeds, county philanthropic organization set up by Richard In 1967, Hildreth ruled that Williams, Hud- records show. In the 1930s, a Richmond busi- J. Reynolds Jr. son and their wives could remain on the land Ernest Walker claims some of that land is nessman cobbled the estate back together; but could not farm or log it. when they died, his. he sold it to Willow Oaks Corp. in 1955 for an his decree said, the state would take posses- According to county tax receipts, Walker unspecified amount. sion. still pays property taxes on 331⁄4 acres of the ‘‘I don’t hold anything against Willow Hudson died in 1975 and his wife died short- land, which his ancestors purchased in 1874. Oaks,’’ Logan said. ‘‘But how Virginia’s An AP search of land records found no evi- ly afterward, but family members say the courts acted, how they allowed the land to dence that the Walker family had ever trans- state waited until last year to ask their chil- be stolen—it goes against everything Amer- ferred it to Reynolds, the Sapelo Foundation dren to leave the farm. They moved to near- ica stands for.’’ of anyone else. by Butler. The Williamses moved to an acre lot sev- ECULIAR AND WAPS EAVE LACKS ITH eral miles from their old farm after P L S L B W ALABAMA PUSHED A BLACK FAMILY OFF ITS ITTLE OF HEIR NCESTORS EORGIA SLAND Hildreth’s ruling. For three decades, they L T A ’ G I LAND—AND LEFT IT EMPTY FOR YEARS (By Dolores Barclay) pleaded for the land in letters to state offi- (By Todd Lewan) cials and received form letters in response. SAPELO ISLAND, GA. (AP).—It was a pecu- SWEET WATER, ALA. (AP)—The legacy The vine-wrapped house that was once the liar offer: Blacks could swap ancestral land Lemon Williams always hoped to leave to his center of their farm is slowly collapsing. in the most valuable area of this barrier is- grandchildren was the land of his birth. Conservation officials have opened some of land for smaller parcels owned by a white ty- His 40-acre cotton-and-bean farm was the area to timber cutters, state records coon in a low, partly swampy enclave known among the smallest in Marengo County, but show. as Hog Hammock. the land his grandfather had settled after the James Griggs, director of state lands, said Yet not a single black family turned it Civil War meant everything to Williams. the dispute was handled properly. ‘‘There down. ‘‘This land,’’ Williams always told his son, have only been two owners of the land, the This was Georgia in the 1950s, and the ty- Willie, ‘‘is part of our family, Treat it like federal government and the state,’’ he said. coon was Richard J. Reynolds Jr., son of the your brother.’’ the Associated Press, however, found deeds man who built one of America’s biggest to- Then in June 1964, a letter arrived. The on file in the county courthouse docu- bacco companies. And Sapelo residents say State Lands Division had checked the title menting the Hudson and Williams families’ Reynolds ruled the island. of the property with the Bureau of Land ownership of the property all the way back ‘‘He wanted the land for his own benefit,’’ Management. The federal agency had replied to 1874. There are also surviving records said Cornelia Bailey, 56, a longtime resident. that, as far as it could determine, the 40 showing both families paying taxes on the ‘‘He wanted to . . . control the entire north acres belonged to the state. land from the last 1950s until the land was end without pockets of blacks here and How could this be if, as the family’s origi- taken. there.’’ nal deed said, Williams’ grandfather had After being told of the AP’s findings, Ala- Reynolds arrived on Sapelo in 1932 and bought the land for $480 on Jan. 3, 1874? bama Gov. Don Slegelman read the files and moved into a mansion in a community called In 1906, the letter said, the federal govern- said he found them ‘‘disturbing.’’ He has Raccoon Bluff. His neighbors were Geechee ment had designated the 40 acres as swamp- asked the attorney general to review the families who retained their African-English land and patented the property to the state case. dialect. Some had lived on the island for cen- of Alabama. The 40-acre farm of Lawrence turies, harvesting oysters and scooping up Hudson, Williams’ cousin, also belonged to CAR DEALER ACQUIRED BLACK FARMERS’ LAND shrimp in their handmade nets. the state for the same reason, according to BY FORECLOSING ON LOANS Reynold owned the ferries and a lumber the letter. The attorney general, the latter mill and was the biggest employer on the is- said, was now suing both families for their (By Dolore Barclay) land. And he had a powerful friend, Tom land. LEXINGTON, MISS. (AP).—Down in the Poppell, the country sheriff. The families gathered their children and Delta, folks still talk about Norman The land swaps began in the 1950s. Deed their deeds and took them to J.C. Camp, a Weathersby, a White Chevrolet dealer who records show that in 1956, Rosa Walker ex- lawyer in Linden, the county seat. The law- acquired hundreds of acres of black-owned changed a 16-acre tract in Raccoon Bluff for yer and both couples have since died, but land in the 1950s and ’60s in exchange for 5.5 acres in Hog Hammock. Prince and Eliza- Lemon Williams’ son and daughter, Willie used pickup trucks and farm equipment. beth Carter soon traded their 9 acres in Rac- and Inez, say they recall every detail of the ‘‘Old Norman was something else,’’ said coon Bluff for 2 acres in Hog Hammock. And meeting. Rhodolphis Hayes with a shake of his head. Bailey’s father, Hicks Walker, now 98, ac- ‘‘Camp took our money, took our deeds, The 71-year-old farmer and other Holmes cepted 2 acres in Hog Hammock for 4 acres put them in his drawer and promised he’d fix County residents recall the days when black

VerDate 11-MAY-2000 03:41 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.061 pfrm01 PsN: H06PT1 H188 CONGRESSIONAL RECORD — HOUSE February 6, 2002 farmers had to finance trucks and equipment Nearly a quarter of the islanders were sent Crawford’s prosperity had made him a tar- from Weathersby because, they said, the to the Maine School for the Feeble-Minded get. local banks refused to do business with while state workers torched their shacks and The success of blacks such as Crawford blacks. even dug up the ones of their ancestors, ac- threatened the reign of white supremacy, Weathersby, they said, required that they cording to historians and contemporary said Stewart E. Tolnay, a sociologist at the put up their entire farms as collateral for newspaper accounts. University of Washington and co-author of a the loans, and when a cash-poor farmer Most black American families that lost book on lynchings. ‘‘There were obvious lim- missed a payment, Weathersby acquired land land through fraud and intimidation lived in itations, or ceilings, that blacks weren’t sup- this way. the South. The story of Malaga, however, posed to go beyond.’’ County land records show that Henry and shows that living in the North provided no In the decades between the Civil War and Mary Friend put up 63 acres in 1958 for a guarantee. the civil rights era, one of those limitations $1,598 loan. The land went to Weathersby a Historians believe the 41-acre island, just was owning land, historians say. few months later. Ed and Pattie Blissett lost 100 yards from shore, was settled by free Racial violence in America is a familiar their 50-acre farm in 1958 after they missed a blacks during the Civil War. For years, they story, but the importance of land as a mo- payment on a 1956 loan from Weathersby for lived unmolested on the island, but as the tive for lynchings and white mob attacks on $1,785. The final note of $385 had been due in 20th century dawned, that changed. blacks has been widely overlooked. And the 1960. The year 1912 was a difficult one in Maine. resulting land losses suffered by black fami- It was easy for Holmes County blacks to The state’s shipbuilding industry was wan- lies such as the Crawfords have gone largely default on their loans. ing, and the summer cottage industry was unreported. For one thing, several area residents said, just beginning to develop. About this time, The Associated Press documented 57 vio- the equipment and trucks blacks needed to some educated Mainers were embracing eu- lent land takings—more than half of the 107 run their farms often broke down shortly genics—a pseudo-science holding that the land takings found in an 18-month investiga- after they bought them from Weathersby. poor and handicapped should be removed tion of black land loss in America. The other ‘‘He’d fix it up so it could run between Lex- from the gene pool. cases involved trickery and legal manipula- ington and Tchula (a 20-minute drive). Then Locals wanted to get rid of the poor, un- tions. it would die on you,’’ said Griffin McLaurin sightly colony, but state authorities needed Sometimes, black landowners were at- Jr., 60, recalling how his father lost the fam- the appearance of legality. They declared tacked by whites who just wanted to drive ily’s 100-acre farm in 1966 because of a $40,000 that the island was the property of the Perry them from their property. In other cases, the loan. family, which had been among Phippsburg’s attackers wanted the land for themselves. ‘‘When the man called in for the money, he earliest settlers. For many decades successful blacks ‘‘lived didn’t have it,’’ McLaurin said, and Although the Perrys had purchased the is- with a gnawing fear . . . that white neigh- Weathersby forclosed. The son later bought land in 1818, an Associated Press search of bors could at any time do something violent back 71⁄2 acres of the land from Weathersby— town records found no evidence that the fam- and take everything from them,’’ said Loren for $4,253.15, records show. ily had paid taxes on it. The residents of Schweninger, a University of North Carolina Weathersby’s close friend, William E. Malaga had lived there for half a century— expert on black landownership. Strider, ran the local Farmers Home Admin- far longer than the 20 years necessary to es- While waiting his turn at the gin that fall istration—the credit lifeline for many tablish ownership under Maine law. day in 1916, Crawford entered the mercantile Southern farmers. Hayes, McLaurin and oth- Nevertheless, the state bought the island store of W.D. Barksdale. Contemporary ers in Holmes County said Strider, now dead, from the Perry heirs in December 1911 and newspaper accounts and the papers of then was often slow in releasing farm operating ordered the islanders to leave by July 1, 1912. Gov. Richard Manning detail what follows: loans to blacks. Residents were paid varying sums for their Barksdale offered Crawford 85 cents a ‘‘You have to do your land breaking, your houses—between $50 and $300—but given pound for his cottonseed, Crawford replied fertilizing and your seeds, but if you don’t nothing for the land, according to minutes of that he had a better offer. Barksdale called get the money on time, you can’t farm,’’ the Governor’s Executive Council. him a liar; Crawford called the storekeeper a Hayes said. Locals say no one has lived there since. cheat. Three clerks grabbed ax handlers, and In the late 1950s, Erma Russell, now 81, had In 1989, property records show, the island Crawford backed into the street, where the businesses at the FmHA office in Lexington. was purchased by T. Ricardo Quesada of sheriff appeared and arrested Crawford—for She was about to knock on Strider’s door, Freeport, Maine, co-owner of a commercial cursing a white man. she said, when she heard Weathersby and development company. Released on ball, Crawford was concerned Strider talking. Assessed at $87,400, the island is barren but by about 50 whites who beat and knifed him. ‘‘They said how they were going to get the for some trees and drying lobster pots. The sheriff carried him back to jail. A few colored folk off their land through fore- ‘‘The island is used by the family for var- hours later, a deputy gave the mob the keys closures,’’ she recalled. ‘‘They were sug- ious purposes,’’ Quesada said. ‘‘And we think to Crawford’s cell. gesting ways to have us ‘volunteer’ to sur- the less publicity about it the better.’’ Shutdown found them at a baseball field at render our land. All I could do as pray they The African-American Geneological Soci- the edge of town. There, they hanged wouldn’t take it. ety of New England is considering asking the Crawford from a solitary Southern pine. The Russells paid up their loans and kept governor for a formal apology for Malaga. No one was ever tried for the killing. In its their 65-acres farm ‘‘It wasn’t easy to get Gov. Angus S. King Jr. is on record as saying aftermath hundreds of blacks, including this.’’ She glanced out her windows to a that if the apology is requested, he will some of the Crawfords, fled Abbeville. spread of ebony soil. ‘‘We had to struggle make it. Two whites were appointed executors of . . . We had to fight to get this, and we Crawford’s estate, which included 427 acres of prime cotton land. One was Andrew J. won.’’ LANDOWNERSHIP MADE BLACKS TARGETS OF Ferguson, cousin of two of the mob’s ring- When he died in 1973, Weathersby left his VIOLENCE AND MURDER family about 700 acres blacks had once leaders, the Press and Banner reported. (By Dolores Barclay, Todd Lewan and Allen Crawford’s children inherited the farm, but owned, according to his estate papers, deeds G. Breed) and court papers. Ferguson liquidated much of the rest of As a little girl, Doria Dee Johnson often Weathersby’s son 62, who now runs the Crawford’s property including his cotton, asked about the man in the portrait hanging dealership in Indiana, said he had little di- which went to Barksdale. Ferguson kept in an aunt’s living room—her great-great- rect knowledge about his father’s business $5,438—more than half the proceeds—and grandfather. ‘‘It’s too painful,’’ her elderly deals and car loans. However, he said he was gave Crawford’s children just $200 each, es- relatives would say, and they would look sure his father never would have sold defec- tate papers show. away. Crawford’s family struggled to hold the tive vehicles and that he always treated peo- A few years ago, Johnson, now 40, went to farm together but eventually lost it when ple fairly. look for answers in the rural town of Abbe- ‘‘He helped people no matter what race,’’ they couldn’t pay off a $2,000 balance on a ville, S.C. he said. bank loan. Although the farm was assessed She learned that in his day, the man in the at $20,000 at the time, a white man paid $504 portrait, Anthony P. Crawford, was one of for it at the foreclosure auction, according LIVING IN THE NORTH GAVE BLACKS NO the most prosperous farmers in Abbeville to land records. GUARANTEE AGAINST LAND GRABS County. That is, until Oct. 21, 1916—the day ‘‘There’s land taken away and there’s mur- (By Allen G. Breed) the 51-year-old farmer hauled a wagon-load der,’’ said Johnson, of Alexandria, VA. ‘‘But PHIPPSBURG, ME (AP)—In 1912, 45 mixed- of cotton to town. the biggest crime was that our famly was race people living on Malaga Island in the Crawford ‘‘seems to have been the type of split up by this. My family got scattered into mouth of the New Meadows River were negro who is most offensive to certain ele- the night.’’ thrown off their land by the state of Maine. ments of the white people,’’ Mrs. J.B. Hol- The former Crawford land provided timber ‘‘It was ill considered and it was brutally man would say a few days later in a letter to several owners before International Paper done,’’ says William David Barry, a librarian published by The Abbeville Press and Ban- Corp. acquired it last year. Jenny Boardman, at the Maine Historical Society who has ner. ‘‘He was getting rich, for a negro, and he a company spokeswoman, said International written about the case. was insolent along with it.’’ Paper was unaware of the land’s history.

VerDate 11-MAY-2000 03:41 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.064 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H189 When told about it, she said: ‘‘The Crawford nity. Some were able to sell their land at a cery Store in a largely black Memphis neigh- story is tragic. It causes you to think that fair price, but others such as Valentine High borhood known as The Curve. Across the there are facets of our history that need to Tower were not. He parted with 52 acres for street was another grocery, owned by a white be discussed and addressed.’’ $10 in 1926, property records show. man, W.H. Barret. Other current owners of property involved Today the land lost by the 18 Ocoee fami- On Saturday, March 5, 1892, two boys—one in violent land takings also said they knew lies, not including buildings now on it, is as- black, the other white—squabbled over a little about the history of their land, and sessed at more than $4.2 million. (Officials game of marbles near the store, which led to most were disturbed when informed about it. assess property for tax purposes, and the a dispute between their fathers. Barret went The Tuskegee Institute and the National valuation is usually less than its market to the police, claiming black shopkeepers Association for the Advancement of Colored value.) were instigating trouble. People have documented more than 3,000 Sometimes, individual black farmers were Contemporary newspaper accounts de- lynchings between 1865 and 1965, and believe singled out and attacked by bands of white scribe what ensued: there were more. Many of those lynched were farmers known as the Whitecaps. Operating Some townspeople warned the shopkeepers property owners, said Ray Winbush, director in several Southern and border states around that a white mob was planning to attack of Fisk University’s Race Relations Insti- the turn of the 20th century, they were in- their store. So when nine deputy sheriffs in tute. tent on driving blacks from their land and civilian clothing tried to enter after dark ‘‘If you are looking for stolen black land,’’ discouraging other blacks from acquiring it, Sunday to deliver arrest warrants, they were he said, ‘‘just follow the lyching trail.’’ said historian George C. Wright, provost at taken for intruders and fired on. Three depu- Some white officials condoned the vio- the University of Texas at Arlington. ties were wounded. Moss, Stewart and lence; a few added threats of their own. ‘‘The law wouldn’t help,’’ he said. ‘‘There McDowell were jailed. ‘‘If it is necessary, every Negro in the state was just no one to turn to.’’ Early Wednesday morning, a mob of about will be lynched,’’ James K. Vardaman. de- Whitecaps often nailed notes with crudely 75 whites yanked the three men from their clared while governor of Mississippi (1904– drawn coffins to the doors of black land- cells while other whites looted the grocery. 1908). ‘‘It will be done to maintain white su- owners, warning them to leave or die. In the aftermath, more than 2,000 blacks premacy.’’ The warning to Eli Hilson of Lincoln Coun- streamed out of Memphis, according to con- In some places, the AP found, single fami- ty, Miss., came on Nov. 18, 1903, when White- temporary newspaper accounts. Creditors lies were targeted. Elsewhere, entire black caps shot up his house just hours after his liquidated whatever stock the looters left be- communities were destroyed. new baby was born, The Brookhaven Leader hind, and the store landed in the hands of Today, Birmingham, Ky., lies under a newspaper reported at the time. Hilson ig- John C. Reilly, a deputy sheriff. floodway created in the 1940s. But at the nored the warning. Over the years, the property has been re- start of the 20th century, it was a tobacco A month later, the 39-year-old farmer was sold many times, and today is the site of a center with a predominantly black popu- shot in the head as he drove his buggy to- small business, the Panama Grocery. lation, and a battleground in a five-year ward his farm, the newspaper said. The horse As for the three store owners, their bullet- siege by white marauders called Night Rid- trotted home, delivering Hilson’s body to his torn bodies turned up in a ravine near the ers. wife, Hannah. Wolf River, The Memphis Appeal-Avalanche On the night of March 8, 1908, about 100 She struggled to raise their 11 children and reported at the time. armed whites tore through town on horse- work the 74-acre farm, but she could not When Moss’ body was found, his hands were back, shooting seven blacks, three of them manage without her husband. Hannah Hilson clenched, the newspaper noted. They were fatally. The AP documented the cases of 14 lost the property through a mortgage fore- filled with grass and the brown clay of Ten- black landowners who were driven from Bir- closure in 1905. According to land records, nessee. mingham. Together, they lost more than 60 the farm went for $439 to S.P. Oliver, a mem- acres of farmland and 21 city lots to whites— ber of the county board of supervisors. TAKING AWAY THE VOTE—AND A BLACK MAN’S many at sheriff’s sales, all for low prices. Today, the property is assessed at $61,642. LAND John Scruggs and his young granddaughter It wasn’t just Whitecaps and Night Riders (By Todd Lewan) were killed in Birmingham that night, The who chased blacks from their land. Some- COLUMBUS, MISS. (AP).—Robert Gleed was Courier-Journal of Louisville reported at the times, officials did it. 17 when he escaped from a Virginia slave- time. Property records show that the city lot In Yazoo County, Miss., Norman Stephens owner and trailed his sweetheart to eastern Scruggs had bought for $25 in 1902 was sold and his twin brother, Homer, ran a trucking Mississippi. Here, in the years after the Civil for nonpayment of taxes six years after the business, hauling cotton pickers to planta- War, he prospered, owning 295 acres of farm- attack. A local white man bought it for $7.25 tions. One day in 1950, a white farmer de- land, three city lots, a stately home and a (or about $144 in today’s dollars). manded that Stephens immediately deliver general store, according to county records. Land that had belonged to other blacks workers to his field, Stephens’ widow, Rosie It was a time when America’s blacks were went for even less. John Puckett’s 2 acres Fields, said in a recent interview. testing their new freedom under the protec- sold for $4,70; Ben Kelley’s city lot went for Stephens explained he had other commit- tion of the occupying Union army. Many just $2.60. ments and promised to drop off the men were acquiring land, voting, building In Pierce City, Mo., 1,000 armed whites later, his wife said. The farmer fetched the schools, joining the ranks of the Republican burned down five black-owned houses and sheriff. Party—the party of Lincoln. killed four blacks on Aug. 18, 1901. Within That evening, the brothers found them- But one violent night in the waning days of four days, all of the town’s 129 blacks had selves locked in a second-floor room at the Reconstruction, Nov. 1, 1875, Gleed lost it all. fled, never to return, according to a contem- county jail. They squeezed through a win- He had been running for sheriff of Lowndes porary report in The Lawrence Chieftain dow, leaped to the ground and ran. Fields, County. On the eve of the election, a mob of newspaper. The AP documented the cases of now 83, said her husband later told her why: whites attacked a parade of his supporters. nine Pierce City blacks who lost a total of 30 They had overheard the sheriff, who has Four blacks were killed, one of the sidewalk acres of farmland and 10 city lots. Whites since died, talking about where to hide their in front of Gleed’s store. bought it all at bargain prices. bodies. Gleed was a man of stature in Columbus— Eviline Brinson, whose house was burned Once home, Fields said, Stephens and his president of the Mercantile Land and Bank- down by the mob, sold her lot for $25 to a brother packed their bags and flagged down ing Co., head of the county Chamber of Com- white woman after the attack. Brinson had a bus to Ohio. A year later, she and her five merce, a two-time Mississippi state senator paid $96 for the empty lot in 1889, county children joined them. who had helped pass a law against racial dis- records show. For a decade, the family made mortgage crimination on public transportation. The attacks on Birmingham and Pierce and property tax payments on the house But the only thing that saved him that City were part of a pattern in Southern and they left behind, records show. But it was night, according to historical accounts, was border states in the first half of the 20th cen- hard to keep up, and they never dared to re- a white friend who hid him in a well. tury: lynchings and mob attacks on blacks, turn, Fields said. Finally, in the 1960s, they At the time, Lowndes County had 3,800 reg- followed by an exodus of black citizens, some stopped paying and lost the house they had istered black voters, nearly all of them Re- of them forced to abandon their property or purchased for $700 in 1942. publicans, as was Gleed. There were only sell it at cut-rate prices. One aim of racial violence was to deny 1,250 whites registered, nearly all as Demo- ‘‘Black landowners were put under a tre- blacks the tools to build wealth, said John crats, the Columbus Press reported at the mendous amount of pressure, from authori- Hope Franklin, chairman of President Clin- time. ties and otherwise, to give up their land and ton’s Advisory Board on Race. As the mob of torch-carrying whites surged leave,’’ said Earl N.M. Gooding, director of Paula J. Giddings, a Duke University his- through town on election eve, fires broke the Center for Urban and Rural Research at torian, said that ‘‘by the 1880s and 1890s, a out. Whites invaded Gleed’s house, shot up Alabama A&M University. ‘‘They became significant number of blacks began to do his furniture, shredded his wife’s clothing. refugees in their own country.’’ very well in terms of entrepreneurship and The next day, Gleed’s opponent, a white For example, the AMP found that 18 black landownership, and it simply couldn’t be tol- Democrat, was elected sheriff. Gleed fled to families lost a total of 330 acres plus 48 city erated. Paris, Texas, leaving behind his house, his lots when they fled Ocoee, Fla., after a 1920 In 1885, Thomas Moss, Henry Stewart and general store and its stock, his city lots and Election Day attack on the black commu- Calvin McDowell opened the Peoples’ Gro- farmland.

VerDate 11-MAY-2000 03:41 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.067 pfrm01 PsN: H06PT1 H190 CONGRESSIONAL RECORD — HOUSE February 6, 2002 Soon after, two white townspeople claimed years in prison. The men who attacked his Two thousand have been collected in re- Gleed owed them money and foreclosed on home were never arrested. cent years by the Penn Center on St. Helena his property, records show. Petitions to pardon Dinning poured in Island, S.C., an educational institution es- Toby W. Johnston liquidated the store and from prominent whites including Louisville tablished for freed slaves during the Civil stock, pocketing $941. Bernard G. Hendrick, Mayor George Todd. After much pressure, War. The Land Loss Prevention Project, a a city councilman, took 215 acres of Gleed’s Bradley granted a pardon, on July 17, 1897. group of lawyers in Durham, N.C., who rep- farm for what he said was a $125 debt. resent blacks in land disputes, said it re- Hendrick snapped up Gleed’s home and an AP DOCUMENTS LAND TAKEN FROM BLACKS ceives new reports daily. And Heather Gray adjacent lot for $11 at an auction and later THROUGH TRICKERY, VIOLENCE AND MURDER of the Federation of Southern Cooperatives took the rest of Gleed’s city holdings for (By Todd Lewan and Dolores Barclay) in Atlanta said her organization has ‘‘file $500. cabinets full of complaints.’’ For generations, black families passed In the 1940s, the old Gleed farm was sold to AP’s findings ‘‘are just the tip of one of the down the tales in uneasy whispers: ‘‘They the federal government; today, U.S. Highway biggest crimes of this country’s history,’’ stole our land.’’ 50 runs through it. One of Gleed’s city lots said Ray Winbush, director of Fisk Univer- These were family secrets shared after the now holds four houses, a gas station and As- sity’s Institute of Race Relations. children fell asleep, after neighbors turned sociated Realty. Some examples of land takings docu- down the lamps—old stories locked in fear ‘‘I guess I don’t care who owned it pre- mented by the AP: and shame. viously,’’ Bob Oaks, president of the realty After midnight on Oct. 4, 1908, 50 hooded Some of those whispered bits of oral his- company, said when told about Gleed. white men surrounded the home of a black tory, it turns out, are true. ‘‘That’s bad, but it sounds like he abandoned farmer in Hickman, Ky., and ordered him to In an 18-month investigation, The Associ- his property.’’ come out for a whipping. When David Walker ated Press documented a pattern in which Gleed was 80 when he died on July 24, 1916. refused and shot at them instead, the mob black Americans were cheated out of their His obituary in the Columbus Commercial poured coal oil on his house and set it afire, land or driven from it through intimidation, newspaper said he was ‘‘believed to have according to contemporary newspaper ac- violence and even murder. been the last remaining negro who has counts. Pleading for mercy, Walker ran out In some cases, government officials ap- served Lowndes County in an office which is the front door, followed by four screaming proved the land takings; in others, they took now filled by honorable and distinguished children and his wife, carrying a baby in her part in them. The earliest occurred before white citizens.’’ arms. The mob shot them all, wounding the Civil War; others are being litigated three children and killing the others. Walk- today. A MAN IS JAILED FOR DEFENDING HIS LAND er’s oldest son never escaped the burning Some of the land taken from black fami- house. No one was ever charged with the (By Dolores Barclay) lies has become a country club in Virginia, killings, and the surviving children were de- FRANKLIN, KY. (AP).—George and Mary oil fields in Mississippi, a major-league base- prived of the farm their father died defend- Dinning were in bed, asleep, when riders ball spring training facility in Florida. ing. Land records show that Walker’s 21⁄2- came to drive them from their land. By The United States has a long history of acre farm was simply folded into the prop- morning, a man lay dead, and George bitter, often violent land disputes, from erty of a white neighbor. The neighbor soon Dinning was on his way to jail. claim jumping in the gold fields to range sold it to another man, whose daughters What happened that raw night in January wars in the old West to broken treaties with owns the undeveloped land today. 1897 is told in depositions and trial testi- American Indians. Poor white landowners, In the 1950s and 1960s, a Chevrolet dealer in mony from Dinning, his wife, Mary, and too, were sometimes treated unfairly, pres- Holmes County, Miss., acquired hundreds of members of the mob that attacked their to- sured to sell out a rock-bottom prices by acres from black farmers by foreclosing on bacco farm. The accounts are similar; some- railroads and lumber and mining companies. small loans for farm equipment and pickup times, even the same words appear. Contem- The fate of black landowners has been an trucks. Norman Weathersby, then the only porary news accounts from The Courier- overlooked part of this story. dealer in the area, required the farmers to Journal newspaper of Louisville and the pa- The AP—in an investigation that included put up their land as security for the loans, pers of Gov. William O. Bradley add to the interviews with more than 1,000 people and county residents who dealt with him said. story: the examination of tens of thousands of pub- And the equipment he sold them, they said, About 11 p.m., 25 white men on horseback lic records in county courthouses and state often broke down shortly thereafter. surrounded Dinning’s farm, a 124-acre spread and federal archives—documented 107 land Weathersby’s friend, William E. Strider, ran that spilled over the hills of southern Ken- takings in 13 Southern and border states. the local Farmers Home Administration— tucky into Tennessee. Then came pounding In those cases alone, 406 black landowners the credit lifeline for many Southern farm- at the front and back doors. lost more than 24,000 acres of farm and tim- ers. Area residents, including Erma Russell, ‘‘I will give you just 10 days to get away ber land plus 85 smaller properties, including 81, said Strider, now dead, was often slow in from here, and don’t you stop within 40 stores and city lots. Today, virtually all of releasing farm operating loans to blacks. miles,’’ a man said. this property, valued at tens of millions of When cash-poor farmers missed payments ‘‘What have I done?’’ Dinning asked. dollars, is owned by whites or by corpora- owned to Weathersby, he took their land. You stole turkeys and chickens, the man tions. The AP documented eight cases in which answered. Dinning began to explain that he Properties taken from blacks were often Weathersby acquired black-owned farms this could account for everything he owned. small—a 40-acre farm, a general store, a way. When he died in 1973, he left more than Boom! The back door exploded. modest house. But the losses were dev- 700 acres of this land to his family, according Bleeding from a wound in his arm, Dinning astating to families struggling to overcome to estate papers, deeds and court records. ran through gunfire up the stairs, past his the legacy of slavery. In the agrarian South, In 1964, the state of Alabama sued Lemon wife and six children. He grabbed his shot- landownership was the ladder to respect and Williams and Lawrence Hudson, claiming the gun, opened a front bedroom window and prosperity—the means to building economic cousins had no right to two 40-acre farms fired. A man named Jodie Conn fell dead. security and passing wealth on to the next their family had worked in Sweet Water, The mob retreated with his body, but not be- generation. When black families lost their Ala., for nearly a century. The land, officials fore a bullet creased Dinning’s head. land, they lost all of this. contended, belonged to the state, Circuit Dinning turned himself in to the sheriff of ‘‘When they steal your land, they steal Judge Emmett F. Hildreth urged the state to Simpson County, who moved him to Bowling your future,’’ said Stephanie Hagans, 40, of drop its suit, declaring it would result in ‘‘a Green, a three-day journey, and then farther Atlanta, who has been researching how her severe injustice.’’ But when he state refused, still to Louisville, to escape white mobs. great-grandmother, Ablow Weddington Stew- saying it wanted income from timber on the Riders came for Mary Dinning the next art, lost 35 acres in Matthews, N.C. A white land, the judge ruled against the family. day. lawyer foreclosed on Stewart in 1942 after he Today, the land lies empty; the state re- Leave or hang, they told her. She begged refused to allow her to finish paying off a cently opened some of it to logging. The for more time; her 12-year-old daughter was $540 debt, witnesses told the AP. state’s internal memos and letters on the feverish. She and the children could stay in- ‘‘How different would our lives be,’’ Hagans case are peppered with references to the fam- side the burning house, the mob retorted. asked, ‘‘if we’d had the opportunities, the ily’s race. ‘‘Near sundown,’’ she later testified, ‘‘I pride that land brings?’’ In the same courthouse where the case was started with my six children, the youngest No one knows how many black families heard, the AP located needs and tax records being 4 months old, the oldest 13 years. I was have been unfairly stripped of their land, but documenting that the family had owned the so badly frightened when I left, that I did not there are indications of extensive loss. land since an ancestor bought the property take time to put wrappings on myself or Besides the 107 cases the AP documented, Jan. 3, 1874. Surviving records also show the children. reporters found evidence of scores of other family paid property taxes on the farms from ‘‘The next night after leaving,’’ she contin- land takings that could not be fully verified the mid-1950s until the land was taken. ued, ‘‘my house and everything on Earth we because of gaps or inconsistencies in the pub- AP reporters tracked the land cases by re- had . . . was destroyed by fire.’’ lic record. Thousands of additional reports of viewing deeds, mortgages, tax records, estate An all-white jury convicted Dinning of land takings from black families remain papers, court proceedings, surveyor, maps, manslaughter, and he was sentenced to seven uninvestigated. oil and gas leases, marriage, records, census

VerDate 11-MAY-2000 03:47 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.070 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H191 listings, birth records, death certificates and she stood with her month-old baby in her and a wooden reindeer. In Yazoo County, Freedmen’s Bureau archives. Additional doc- arms and watched the men drag Simmons Miss., volumes of tax and deed records filled uments, including FBI files and Farmers away. ‘‘I screamed and hollered so loud,’’ she a classroom in an abandoned school, the pa- Home Administration records, were obtained said. ‘‘They came toward me and I ran down pers coated with white dust from a falling through the Freedom on Information Act. in the woods.’’ ceiling. The AP retrieved dozens of docu- The AP interviewed black families that The whites then grabbed Simmons’ son, ments that custodians said were earmarked lost land, as well as lawyers, title searchers, Eldridge, from his house and drove the two for shredders or landfills. historians, appraiser, genealogists, sur- men to a lonely road. The AP also found that about a third of the veyors, land activists, and local, state and ‘‘Two of them kept beating me,’’ Eldridge county courthouses in Southern and border federal officials. Simmons later told the National Association states have burned—some more than once— The AP also talked to current owners of for the Advancement of Colored People. since the Civil War. Some of the fires were the land, nearly all of whom acquired the ‘‘They kept telling me that my father and I deliberately set. properties years after the land takings oc- were ‘smart niggers’ for going to see a law- On the night of Sept. 10, 1932, for example, curred. Most said they knew little about the yer.’’ 15 whites torched the courthouse in history of their land. When told about it, Simmons, who has since died, said his cap- Paulding, Miss., where property records for most expressed regret. tors gave him 10 days to leave town and told the eastern half of Jasper County, then pre- Weathersby’s son, John, 62, who now runs his father to start running. Later that day, dominantly black, were stored. Records for the dealership in Indianoia, Miss., said he the minister’s body turned up with three the predominantly white western half of the had little direct knowledge about his father’s gunshot wounds in the back, The McComb county were safe in another courthouse business affairs. However, he said he was Enterprise newspaper reported at the time. miles away. sure his father never would have sold defec- Today, the Simmons land—thick with tim- The door to the Paulding courthouse’s tive vehicles and that he always treated peo- ber and used for hunting—is privately owned safe, which protected the records, had been ple fairly. and is assessed at $33,660. (Officials assess locked the night before, the Jasper County Alabama Gov. Don Siegelman examined property for tax purposes, and the valuation News reported at the time. The next morn- the state’s files on the Sweet Water case is usually less than its market value.) ing, the safe was found open, most of the after an inquiry from the AP. He said he Over the past 20 years, a handful of black records reduced to ashes. found them ‘‘disturbing’’ and has asked the families have sued to regain their ancestral Suddenly, it was unclear who owned a big state attorney general to review the matter. lands. State courts, however, have dismissed piece of eastern Jasper County. ‘‘What I have asked the attorney general their cases on grounds that statutes of limi- Even before the courthouse fire, land- to do, ‘‘he said, ‘‘is look not only at the let- tations had expired. ownership in Jasper County was contentious. ter of the law but what is fair and right.’’ A group of attorneys led by Harvard Uni- According to historical accounts, the Ku The land takings are part of a larger pic- versity law professor Charles J. Ogletree has Klux Klan, resentful that blacks were buying ture—a 91-year decline in black landowner- been making inquires recently about land and profiting from land, had been attacking ship in America. takings. The group has announced its inten- black-owned farms, burning houses, lynching In 1910, black Americans owned more farm- tion to file a national class-action lawsuit in black farmers and chasing black landowners land that at any time before or since—at pursuit of reparations for slavery and racial away. least 15 million acres. Nearly all of it was in discrimination. However, some legal experts The Masonite Corp., a wood products com- the South, largely in Mississippi, Alabama say redress for many land takings may not pany, was one of the largest landowners in and the Carolinas, according to the U.S. Ag- be possible unless laws are changes. the area. Because most of the land records ricultural Census. Today, blacks own only 1.1 As the acres slipped away, so did treasured had been destroyed, the company went to million of the country’s more than 1 billion pieces of family history—cabins crafted by a court in December 1937 to clear its title. Ma- acres of arable land. They are part owners grandfather’s hand, family graves in shaded sonite believed it owned 9,581 acres and said another 1.07 million acres. groves. in court papers that it had been unable to lo- The number of white farmers has declined But ‘‘the home place’’ meant more than cate anyone with a rival claim to the land. over the last century, too, as economic just that. Many blacks have found it ‘‘very A month later, the court ruled the com- trends have concentrated land in fewer, often difficult to transfer wealth from one genera- pany had clear title to the land, which has corporate, hands. However, black ownership tion to the next,’’ because they had trouble since yielded millions of dollars in natural had declined 21⁄2 times faster than white own- holding onto land, said Paula Giddings, a gas, timber and oil, according to state ership, the U.S. Civil Rights Commission history professor at Duke University. records. noted in a 1982 report, the last comprehen- The Espy family in Vero Beach, Fla., lost From the few property records that re- sive federal study on the trend. its heritage in 1942, when the U.S. govern- main, the AP was able to document that at The decline in black landownership had a ment seized its land through eminent do- least 204.5 of those acres had been acquired number of causes, including the discrimina- main to build an airfield. Government agen- by Masonite after black owners were driven tory lending practices of the Farmers Home cies frequently take land this way for public off by the Klan. At least 850,000 barrels of oil Administration and the migration of blacks purposes under rules that require fair com- have been pumped from this property, ac- from the rural South to industrial centers in pensation for the owners. cording to state oil and gas board records the North and West. In Vero Beach, however, the Navy ap- and figures from the Petroleum Technology However, the land takings also contrib- praised the Espys’ 147 acres, which included Transfer Council, and industry group. uted. In the decades between Reconstruction a 30-acre fruit grove, two houses and 40 house Today, the land is owned by International and the civil rights struggle, black families lots, at $8,000, according to court records. Paper Corp., which acquired Masonite in were powerless to prevent them, said Stuart The Espys sued, and an all-white jury award- 1988, Jenny Boardman, a company spokes- E. Tolnay, a University of Washington soci- ed them $13,000. That amounted to one-sixth woman, said International Paper had been ologist and co-author of a book on lynchings. of the price per acre that the Navy paid unaware of the ‘‘tragic’’ history of the land In an era when black Americans could not white neighbors for similar land with fewer and was concerned about AP’s findings. drink from the same water fountains as improvements, records show. ‘‘This is probably part of a much larger, whites and black men were lynched for whis- After World War II, the Navy gave the air- public debate about whether there should be tling at white women, few blacks dared to field to the city of Vero Beach. Ignoring the restitution for people who have been harmed challenge whites. Those who did could rarely Espys plea to buy back their land, the city in the past,’’ she said. ‘‘And by virtue of the find lawyers to take their cases or judges sold part of it, at $1,500 an acre, to the Los fact that we now own these lands, we should who would give them a fair hearing. Angeles Dodgers in 1965 as a spring training be part of that discussion.’’ The Rev. Isaac Simmons was an exception. facility. Even when Southern courthouses remained When his land was taken, he found a lawyer In 1999, the former Navy land, with part of standing, mistrust and fear of white author- and tried to fight back. Dodgertown and a municipal airport, was as- ity long kept blacks, away from record In 1942, his 141-acre farm in Amite County, sessed at $6.19 million. Sixty percent of that rooms, where documents often were seg- Miss., was sold for nonpayment of taxes, land once belonged to the Espys. The team regated into ‘‘white’’ and ‘‘colored.’’ Many property records show. The farm, for which sold its property to Indian River County for elderly blacks say they still remember how his father had paid $302 in 1887, was bought $10 million in August, according to Craig they were snubbed by court clerks, spat upon by a white man for $180. Callan, a Dodger official. and even struck. Only partial, tattered tax records for the The true extent of land takings from black Today, however, fear and shame have given period exist today in the county courthouse; families will never be known because of gaps way to pride. Interest in genealogy among but they are enough to show that tax pay- in property and tax records in many rural black families is surging, and some black ments on at least part of the property were Southern counties. The AP found crumbling Americans are unearthing the documents be- current when the land was taken. tax records, deed books with pages torn from hind those whispered stories. Simmons hired a lawyer in February 1944 them, file folders with documents missing, ‘‘People are out there wondering: What and filed suit to get his land back. On March and records that had been crudely altered. ever happened to Grandma’s land?’’ said Lo- 26, a group of whites paid Simmons a visit. In Jackson Parish, La., 40 years of moldy, retta Carter Hanes, 75, a retired genealogist. The minister’s daughter Laura Lee Hous- gnawed tax and mortgage records were piled ‘‘They knew that their grandparents shed a ton, now 74, recently recalled her terror as in a cellar behind a roll of Christmas lights lot of blood and tears to get it.’’

VerDate 11-MAY-2000 02:54 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.074 pfrm01 PsN: H06PT1 H192 CONGRESSIONAL RECORD — HOUSE February 6, 2002 Bryan Logan, a 55-year-old sports writer roots in the South, I grew up hearing America. Instead, I urge African Amer- from Washington, D.C., was researching his stories of land lost by relatives and icans all across this country to begin heritage when he uncovered a connection to family friends. These stories were so gathering evidence about State-sanc- 264 acres of riverfront property in Richmond, Va. commonplace and pervasive that I tioned discriminatory practices like Today, the land is Willow Oaks, an almost worked with the Penn Community Cen- land-takings and insurance over- exclusively white country club with an as- ter on St. Helena Island in Beaufort charges. These are battles we can fight sessed value of $2.94 million. But in the 1850s, County, South Carolina, for many now, and the Congressional Black Cau- it was a corn-and-wheat plantation worked years before I came to Congress, study- cus is committed to helping them win. by the Howlett slaves—Logan’s ancestors. ing these land takings. Mr. Speaker, I would like to now Their owner, Thomas Howlett, directed in To date, Penn Center has collected his will that his 15 slaves be freed, that his yield the floor to the distinguished plantation be sold and that the slaves re- reports of 2,000 similar cases that re- gentlewoman from North Carolina ceive the proceeds. When he died in 1856, his main uninvestigated. And there are (Mrs. CLAYTON). white relatives challenged the will, but two other institutions around the South courts upheld it. collecting the same kind of informa- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Yet the freed slaves never got a penny. tion. The SPEAKER pro tempore (Mr. Benjamin Hatcher, the executor of the es- The question now is, Where do we go tate, simply took over the plantation, court JOHNSON of Illinois). records show. He cleared the timber and from here? What do we do with this in- Without objection, the gentlewoman mined the stone, providing granite for the formation? As with most legislators, from North Carolina will control the Navy and War Department buildings in my natural inclination is to introduce remainder of the hour. Washington and the Capitol in Richmond, a bill, but I do not think that is a prop- according to records in the National Ar- er response in this instance, at least Mrs. CLAYTON. Mr. Speaker, I want chives. not at this time. to thank the gentleman from South When the Civil War ended in 1865, the Carolina for his leadership and for join- former slaves complained to the occupying b 1915 ing with me and in calling this Special Union Army, which ordered Virginia courts Maybe later. Order. A number of our colleagues will to investigate. Hatcher testified that he had sold the What I think is called for at this join us and participate. We are honored planatation in 1862—apparently to this son, time is legal action. Harvard professor to have the gentleman from North Thomas—but had not given the proceeds to Charles Ogletree, who has been at the Carolina (Mr. WATT), and I will yield to the former slaves. Instead, court papers forefront of the reparations movement, him now. show, the proceeds were invested on their be- has expressed an interest in pursuing a Mr. WATT of North Carolina. Mr. half in Confederate War Bonds. There is class action lawsuit on behalf of Afri- nothing in the public record to suggest the Speaker, I thank the gentlewoman for former slaves wanted their money used to can Americans who can document how yielding time to me to make a state- support the Southern war effort. their families lost their land. Such a ment regarding a matter that I regard Moreover, the bonds were purchased in the lawsuit should be filed, and it should be as a problem of epidemic proportions. I former slaves’ names in 1864—a dubious in- funded and supported by the United want to thank the gentlewoman from vestment at best in the fourth year of the States Government. North Carolina (Mrs. CLAYTON) and the war. Within months, Union armies were There are other instances in which gentleman from South Carolina (Mr. marching on Atlanta and Richmond, and the blacks can prove that they have been bonds were worthless pieces of paper. CLYBURN) for organizing this Special The blacks insisted they were never given victimized, with the government’s Order to deal with a very, very serious even that, but in 1871, Virginia’s highest blessing, because of their race. The problem. court ruled that Hatcher was innocent of case of Liberty Life Insurance Com- The gentleman from South Carolina wrongdoing and that the former slaves were pany comes to mind. (Mr. CLYBURN) has approached this owed nothing. I have never been more proud of my from an historical perspective, and I The following year, the plantation was bro- home State of South Carolina than I ken up and sold at a public auction. Hatch- admire him for doing that. There are was a few weeks ago when the State In- er’s son received the proceeds, county many, many, many instances of just surance Commission fined this Green- records show. In the 1930s, a Richmond busi- absolute overt, fraudulent, or schem- ville, South Carolina-based company $2 nessman cobbled the estate back together; ing, or illegal takings of property that he sold it to Willow Oaks Corp, in 1955 for an million and suspended its license to can be documented throughout the an- unspecified amount. sell insurance for at least 1 year be- nals of history, takings of property ‘‘I don’t hold anything against Willow cause they charged black citizens high- from African American families who Oaks,’’ Logan said. ‘‘But how Virginia’s er premiums than they did whites. This courts acted, how they allowed the land to had struggled and worked so hard to was a common practice from the 1930s be stolen—it goes against everything Amer- acquire property. I subscribe to the through the 1950s and was done with ica stands for.’’ gentleman’s belief that those issues State regulators’ knowledge and ap- This research was compiled in a three-part can be addressed and should be ad- proval. Some of those policies remain series title Torn from the Land, which detailed dressed and identified and addressed in effect today, and the higher pre- how blacks in America were cheated out of through legal action, and I hope that miums were still being collected their land or driven from it through intimidation, Professor Ogletree and other members through the end of last year. Liberty violence and even murder. Some had their of the legal profession will proceed Life was not alone in this practice, and land foreclosed for minor debts. Still others with efforts to do that. lost their land to tricky legal maneuvers, still there are many other insurance compa- nies that must make restitution for There perhaps is not, except for slav- being used today, called partitioning, in which ery itself and the deprivation of voting savvy buyers can acquire an entire family’s these egregious actions. The time has come for other State governments to rights of African Americans, not a property if just one heir agrees to sell them greater epidemic or problem than the one parcel, however small. act and maybe the Federal Government loss of land, particularly in the South, Just like many blacks with roots in the as well. from African American ownership. It is South, I grew up hearing stories of land lost I think the chances are very slim by relatives and family friends. These stories that African Americans will ever re- estimated that at one point in our his- were so commonplace and pervasive that I ceive reparations for the ills wrought tory, African Americans owned ap- worked with Penn Community Center on St. by slavery, at least in the traditional proximately 15 million acres of land in Helena Island in South Carolina for many sense. the South. The estimates now indicate years before I came to the Congress studying Trying to prove definitive ancestral that that land ownership is down to ap- these land takings. To date, Penn Center has links between contemporary African proximately 2 million acres. collected reports of 2,000 similar cases that Americans and slaves going back near- Now, there are many reasons for remain uninvestigated. And there are other in- ly four centuries will, in most cases, be that, and the gentleman from South stitutions around the South collecting the fruitless. Unlike holocaust survivors or Carolina (Mr. CLYBURN) has identified same kind of information. Japanese Americans who were interned the overt historical reasons for it, but Mr. Speaker, just like the Crawfords during World War II, there are few reli- in addition to that, and this is where I and many other black families with able records on slaves brought to want to pick up and bring it on up to

VerDate 11-MAY-2000 04:02 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.077 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H193 date in a slightly different context so dren that become owners, none of them issue of eminent domain, the issue of that we understand fully the issues have real ownership because they do petitioning, the issue of sales. All of that we are involved with, in addition not have any real connection to the those fine ways of dispossessing or tak- to direct taking of property, swindling, property, so there are disputes that de- ing wealth away from people who they fraudulent taking, intimidation of velop about whether the property gets thought otherwise would have it. I do landowners and their families so that divided. Typically it does not get di- thank him for sharing that with us. they would leave their property behind, vided, it gets sold to people who will We are joined by someone who is a and that property then being claimed pay lesser value for it. Or it gets sold strong advocate for these issues. He by members of the majority race, there because the taxing authorities take it has been an associate in the battlefield, are other things that have contributed and sell it. Because 10 people have an the gentleman from the great State of to this, and I want to talk about some interest in the property, no single one Mississippi (Mr. THOMPSON). of them. of them wants to assume the burden of Mr. THOMPSON of Mississippi. Mr. They, on their face, do not always paying the taxes on that property. Speaker, I thank the gentlewoman seem like they are racially motivated. I daresay that there is not a Member from North Carolina (Mrs. CLAYTON). I want to be careful to say that these of the Congressional Black Caucus who I join the gentleman from North are not racist plots that I am talking does not have some history in their Carolina (Mr. WATT) and the gentleman about; they are race-neutral in their own family or in their community of from South Carolina (Mr. CLYBURN) in application, but they are not race-neu- people who have been deprived of own- this effort to bring to this country’s at- tral in the impact that they have. They ership of land in this way, through heir tention the serious problem associated have a disparate impact on black land property, through lack of wills, with black land loss in America. ownership. I want to talk about a few through eminent domain, through par- Mr. Speaker, I rise today to talk of those. tition actions that turned out to be about land loss in the black commu- First of all, there is this concept of sales actions, and the beat goes on. nity. A recent Associated Press inves- eminent domain. That is a race-neutral So how do we get from 15 million tigative report titled ‘‘Torn From the principle that the government uses to acres of land owned by minorities in Land’’ documented how land has been acquire property for public purposes. the South down to 2 million acres? We unjustly taken from African Americans But historically, if one goes back and have overt, racist, intimidating acts of over the years and alerted the world to looks, eminent domain has been used the kind that the gentleman from the alarming declining trend in black disproportionately to deprive black South Carolina (Mr. CLYBURN) de- land ownership. America’s seventh landowners of their property than it scribed, and we have race-neutral, in- President, Andrew Jackson, said in his has been used to deprive white land- nocent-sounding acts like eminent do- July 10, 1832, bank veto message to the owners of their property. The reason main and partition and tax sales that United States Senate, ‘‘Every man is for that is that typically, property that have a racially disparate impact on entitled to protection by laws. But has been owned by black landowners land ownership. when the laws undertake to add artifi- has been lower in value. When the gov- What the Congressional Black Cau- cial distinctions, to grant titles, gratu- ernment needs to take property for a cus is intent on doing is trying to bring ities, and exclusive privileges, to make public purpose, it wants to spend as lit- more attention to this; trying to edu- the rich richer and the potent more tle money as it can spend to accom- cate the public that that is a problem powerful, the humble members of soci- plish that public purpose, so they go of epidemic proportions, so that minor- ety, the farmers, mechanics, and labor- and try to acquire the land that has ity individuals understand the value of ers, who have neither the time nor the the lowest economic value. Or, the gov- land. When I was growing up, when I means for securing like favor to them- ernment will say, well, if we go to a got a little bit older, my parents used selves, have a right to complain of the certain section of town and start to ac- to say to me, land is the only com- injustice of their government.’’ quire property, then we will meet with modity that the Lord is not going to Unfortunately, at the time these greater political opposition, so we make any more of. There will not be words were uttered they were not ap- should go through the parts of the any more land made. So when you lose plicable to African Americans. How- community where we will get the least land, you have lost something of value. ever, even Andrew Jackson, a white amount of political resistance. So we are trying to get that message Southern aristocrat and slave owner So it is not accidental that when one out to the public in African American himself, realized that in order for this drives down an interstate highway, communities, and we are trying to un- Nation to be a great place, our Nation’s many of those interstate highways go derstand and let other people under- resources must be equally distributed from city to city to city, but one of the stand the epidemic proportions of what among all classes of Americans. And things that they have in common is we are about. also he knew the importance of all in- that they typically go through minor- I think we have the historical part of dividuals having the means to file and ity communities, splitting them right it now and the present-day part of it, advocate grievances against the gov- in half in many instances. The reason and I am sure there are many other as- ernment when they felt they have been for that is because property values pects to this, but there are other peo- dealt an injustice. were lower in those communities where ple here to talk about them. So I want Since Reconstruction, the plight of the acquisitions were being made, and to yield back to the gentlewoman from African Americans is by far no secret. that was the course of the least polit- North Carolina (Mrs. CLAYTON). I want It is a disgraceful past that has un- ical resistance to the taking. to thank her and my colleague, the doubtedly tarnished America’s rich his- So eminent domain, a race-neutral gentleman from South Carolina (Mr. tory. All of her life Ms. Delores Bar- concept, has a racially disparate im- CLYBURN) again, for reserving this time clay, currently an AP reporter, heard pact, and that has been a method by so that we can shine a light on this random stories from blacks that went which black landowners have been de- problem that has epidemic proportions along the lines of, ‘‘My grandparents prived of land. in this country, in the history of this had some land but we do not know The whole concept of heir property country, and even continuing today in what happened to it.’’ After hearing and partition of property, again, is a sinister ways that people do not under- stories of this nature time and again, race-neutral principle that in its appli- stand. Ms. Barclay decided that perhaps she cation has a disparate impact on mi- should just not dismiss them as they nority landownership. Minority fami- b 1930 had in the past as some sort of mys- lies have historically had larger fami- Mrs. CLAYTON. Mr. Speaker, I want terious urban legend; but instead she lies. Many of them have left the South; to thank the gentleman from North took and looked into these claims to the kids have left the South, gone to Carolina (Mr. WATT) and thank him for see if they could be substantiated. She the North, spread out all over the his sharing of knowledge. It does not decided to team up with a few col- country, and when their parents die, have to be overt. Again, there are areas leagues; and thanks to their hard work they die without a will, and the land that are neutral that have devastating and dedication to uncovering the truth, becomes heir property. We have 10 chil- impact on minority communities: the what followed was an investigation

VerDate 11-MAY-2000 02:54 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.107 pfrm01 PsN: H06PT1 H194 CONGRESSIONAL RECORD — HOUSE February 6, 2002 which covered an 18-month period in- cans that are being repressed from be- sort areas, and of course, what hap- cluding interviews with more than 1,000 coming land owners, they are being pened? people and the examination of tens of robbed of the American dream. I sin- Whenever anything new was built, thousands of old fragile public records. cerely hope all Americans become the surrounding property would be re- The results of this investigation, Mr. aware of these injustices and do what evaluated and taxes would be assessed Speaker, should disturb all Americans. they can individually and collectively based upon whatever is there, a hotel, The investigation documented 107 land to right this wrong. a restaurant or whatever it is. And of takings in 13 Southern and border Mr. Speaker, I compliment the gen- course that would make the taxes very States. In those cases alone, 406 black tlewoman from North Carolina (Mrs. expensive. So we realize that situation land owners lost more than 24,000 acres CLAYTON) again on getting this time to in Alabama. So we came up with the of farm and timber land, plus 85 small- highlight this important issue. theory of current use, and we said that er properties including stores and city Mrs. CLAYTON. Mr. Speaker, the land should be taxed not at the sur- lots valued at tens of millions of dol- gentleman from Alabama (Mr. HILL- rounding values of other land but the lars. IARD) is a member of the Committee on current use. How did these injustices happen? Agriculture and has been a strong ad- The reason why we came up with Most of these land-takings occurred in vocate for wealth accumulation and for that is because we had to protect not the decade between Reconstruction and protection of land and agriculture only African Americans but even poor the civil rights struggle when black needs, and we are delighted to have whites. Unless we correct the situation families were powerless to prevent him join us. that is inherent in our laws, we will them, a time when black families could Mr. HILLIARD. Mr. Speaker, let me find that it not only affects African not drink from the same water foun- first of all congratulate the gentle- Americans but that it affects other tains as whites and the fear of being woman from North Carolina (Mrs. Americans. Freedom is not free unless lynched was always present. More than CLAYTON) for this colloquy and for put- it extends to everyone everywhere. If half of these cases, the Associated ting this together. for one minute we let our guard down, Press documented, 57 to be exact, were It is very important that we realize, if for one minute we let anyone take violent land-takings where black land Mr. Speaker, that historically blacks advantage of anyone else, pretty soon owners were attacked by whites who have had their lands taken by many they will take advantage of us. just wanted to drive them off their different individuals and by corpora- Mr. Speaker, it is incumbent upon us land. In other cases, trickery, legal ma- tions and, of course, by government. as legislators to do our job and to nipulations, and discriminatory lend- Our attention primarily during this make sure we redefine legal terms so ing practices can be attributed to land colloquy is focused on the taking of the that they will be expressive of the losses suffered by black families. land by government. And it is not just rights of people and so that people will Imagine yourself as a black farmer in the local government we speak of, but understand fully what their rights are Mississippi in the 1950’s or 1960’s. You land is taken by many governments, so that they may protect them. own some of the best agriculture land cities, towns, counties, and, of course, Let me again thank the gentlewoman in the State. What you do not have, our States. Generally, it is taken by from North Carolina (Mrs. CLAYTON). however, is the cash needed to plant the use of two vehicles. The first one is Mrs. CLAYTON. Mr. Speaker, I and harvest this year’s crop. What do eminent domain. thank the gentleman for bringing that you do? Well, you do what many Amer- Primarily, eminent domain is a legal information, and I also just want to icans do when they need money for term in which the State, the city or ask him to restate the actions of Ala- their businesses, you borrow it. But the county has the right to acquire bama recently. I gather that is a recent suppose the local banks and the Farm- lands for public use or for public pur- decision, that they have now decided to ers Home Administration do not par- poses; but in the law it states public make sure that the value of land is the ticularly care for your lending or want use. That means for some use like sew- current use rather than the traditional to lend you money. You are left with ers, perhaps, or for some type of facil- use? one choice. To finance your business ity that benefits the entity itself, the Mr. HILLIARD. No, current use rath- you go to a prominent businessman in building of city hall, some school or er than the value of surrounding lands. the community and ask for money. In some library. That is public use. Unfor- Mrs. CLAYTON. Surrounding land. Is return for the loan, however, you are tunately, many States, cities, and that recent? Mr. HILLIARD. That is the law cur- required to put up the entire farm as counties have used eminent domain in rently. collateral. such a way as to deprive blacks and Af- Mrs. CLAYTON. When did that hap- At harvest, the crop prices are low rican Americans of their lands in so- pen? and you come up short on paying off called legal ways or in a legal instance. Mr. HILLIARD. When I was in the your loan and the lender forecloses and Unfortunately, we look at the situa- Alabama House of Representatives, takes your entire farm. The farm that tion now as we speak, we find that in somewhere in the late 1970’s, some- you planned to pass on to your children Mississippi land is being taken under where around 1978, 1979. is lost. The scenario I just described, the guise of eminent domain from Let me say this, that is very impor- Mr. Speaker, was not unusual in the farmers now. And the use of the prop- tant because as we find our suburban South during the 1950’s and 1960’s. The erty will be to build a Nissan plant. areas expanding, in many instances Associated Press documented eight Well, that is not public use. That is pri- shopping centers are built 3 and 4 miles cases where land was acquired in this vate use. So African Americans’ land outside of the city or outside of the very manner by single prominent busi- at this time as we speak is being taken suburban area surrounded by a wooden nessmen. This particular individual ac- for private use under the guise of emi- area, by woods, trees or by farms. quired nearly 700 acres of black-owned nent domain. land in exchange for used pickups and The second way in which government b 1945 farm equipment. takes property is through the process If you really evaluate the farmland Mr. Speaker, for those that have lost of tax reassessment. And in many in- based upon what it is near, of course it land, that have lost so much more than stances the property taxes are run up is going to carry the value of the shop- simply monetary value of this land, to the extent that it is very difficult ping center, and of course the farmers they have lost the availability to pass for the individuals to pay. Let me give do not make the kind of money that down such a valuable asset to future you an example. In many coastal areas the shopping centers do. So they do not generations. Land ownership is the lad- in South Carolina, in Alabama, Flor- have the opportunity, the farmers, to der to respect and prosperity, the ida, and Mississippi blacks own land. pay those kind of taxes, and that is one means to building an economic secu- And during the early 1970’s and 1980’s way, through a reassessment, that land rity and passing wealth on to the next the coastal lands, for whatever reason, has been taken in the past by govern- generations. For those black families became very popular; and they started ment. that have lost that land, they have lost building hotels, restaurants and other Mrs. CLAYTON. I thank the gen- all of this. And for those black Ameri- types of facilities in the so-called re- tleman from Alabama (Mr. HILLIARD)

VerDate 11-MAY-2000 02:54 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.108 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H195 for sharing that with us and making than 2 million acres, the same amount ple of generations, with dozens of relatives that clear in terms of what the State of of, even more, have less. So the wealth owning the land in common. Alabama has done. has been reduced to a very minimum. Anyone can buy an interest in one of these family estates; all it takes is a single heir GENERAL LEAVE We have very small plots of lands, willing to sell. And anyone who owns a Mrs. CLAYTON. Mr. Speaker, I ask farmers trying to subsist. They are try- share, no matter how small, can go to a unanimous consent that all Members ing to use that land to be a productive judge and request that the entire property be may have 5 legislative days within source of income. sold at auction. which to revise and extend their re- So it is important that we under- Some land traders seek out such estates marks on this special order. stand that the taking of the land is not and buy small shares with the intention of The SPEAKER pro tempore (Mr. only a historical event. We are very ap- forcing auctions. Family members seldom have enough money to compete, even when JOHNSON of Illinois). Is there objection preciative of the AP series. Mr. Speak- the high bid is less than market value. to the request of the gentlewoman er, I also enter into the RECORD addi- ‘‘Imagine buying one share of Coca-Cola from North Carolina? tional articles that the AP press has and being able to go to court and demand a There was no objection. published. sale of the entire company,’’ said Thomas Mrs. CLAYTON. Mr. Speaker, we are BLACK FARMERS: A VANISHING WAY Mitchell, a University of Wisconsin law pro- fessor who has studied partitioning. ‘‘That’s raising the issue tonight of land loss by By 1910, black Americans had amassed Afro-Americans or blacks, and this what’s going on here.’’ more land than at any other time in this This can happen to anyone who owns land issue was raised to us as a result of the country’s history—at least 15 million acres, in common with others; laws allowing parti- AP series. The AP series was a 3-part, according to the U.S. Agricultural Census. tion sales exist in every state. 10-article series plus graphics. It was Black owned farms, however, tended to be However, government and university stud- published in December, and it was pub- undercounted because the census tallied only ies show black landowners in the South are lished all across the United States. larger farms that were producing crops. especially vulnerable because up to 83 per- Black landownership tapered off after World cent of them do not leave wills—perhaps be- Many of us knew that this was hap- War I, and plunged in the 1950s. Today, pening, but because this had such wide cause rural blacks often lack equal access to blacks are full owners of just 1.1 million of the legal system. distribution, the gentleman from the more than 1 billion acres of arable land Mitchell and others who have studied South Carolina (Mr. CLYBURN) brought in the United States. black landownership estimate that thou- to our attention that this was an op- sands of black families have lost millions of portunity to raise this issue in a con- HISTORY UPINSMOKE acres through partition sales in the last 30 certed way. Any investigation relying on historical years. This issue is not just confined to land records in the South is complicated by ‘‘It’s the all-time, slam-dunk method of Afro-Americans or blacks who live in the widespread loss of documents stored in separating blacks and their land,’’ said Jerry county courthouses. Storms, floods and ne- Pennick, a regional coordinator for the Fed- the South; as the series articles clearly eration of Southern Cooperatives, which pro- stated, that those who lived in the glect have taken their toll on these collec- tions of deeds, tax records and estate papers. vides technical and legal support to black North had no guarantee that their But fires—both accidental and intentional— farmers. lands would not be taken, also. have caused the most damage to these re- By the end of the 1960s, civil rights legisla- So what are we talking about? What positories of land history, since the mid- tion and social change had curbed the in- is this all about? This is about raising 1800s. timidation and violence that had driven the consciousness that historically many blacks from their land over the pre- vious 100 years. Nevertheless, black land loss there has been a practice overtly, in THE LYNCHING TRAIL did not stop. some ways benignly, both through ille- Racial violence in America is a well-told Since 1969, the decline has been particu- gal means and through legal means, story. But the importance of land as a mo- larly steep. Black Americans have lost 80 the taking of land. tive for lynchings has gone largely over- percent of the 5.5 million acres of farmland My colleagues heard the gentleman looked. Historians say prosperous blacks— they owned in the South 32 years ago, ac- and black landowners—often became targets from North Carolina (Mr. WATTS) and cording to the U.S. Agricultural Census. of white lynch mobs, whose attacks could the gentleman from Alabama (Mr. Partition sales, Pennick estimates, ac- trigger an exodus of blacks. ‘‘If you are look- count for half of those losses. HILLIARD) talk about the color of law, ing for stolen black land,’’ says Ray A judge is not required to order a partition that it is not necessarily racial, it is Winbush, director of Fisk University’s Race sale just because someone requests it. Often, not illegal in terms of petitioning. It is Relations Institute, ‘‘just follow the lynch- there are other options. not illegal in terms of eminent domain, ing trail.’’ More than 3,000 blacks were When the property is large enough for each it is the application of that. So the lynched between 1865 and 1965, according to owner to be given a useful parcel, it can be color of law, even those things that are the Tuskegee Institute and the NAACP. This fairly divided. When those who want to keep within our legal system has an impact map shows lynchings confirmed by research- the land outnumber those who want to sell, ers who worked from a list begun by the Chi- of moving or dispossessing citizens, and the court can help the majority arrange to cago Tribune in 1882, and later expanded buy out the minority. In at least one state, Afro-Americans particularly, from upon by the NAACP and Tuskegee. Alabama, the law gives family members first their land. rights to buy out anyone who wants to sell. Why is this important? Well, land is DEVELOPERS AND LAWYERS USE A LEGAL MA- Yet, government and university studies wealth. The dignity of owning a piece NEUVER TO STRIP BLACK FAMILIES OF LAND show, alternatives to partition sales are of land or owning a home is what de- (By Todd Lewan and Dolores Barclay) rarely considered. When partition sales are requested, judges nearly always order them. fines a person and his family, of owning Lawyers and real estate traders are strip- something that his family can share. In ‘‘Judges order partition sales because it’s ping Americans of their ancestral land easy,’’ said Jesse Dukeminier, an emeritus the rural South owning land not only today, simply by following the law. professor of law at the University of Cali- allowed someone to have their plot of It is done through a court procedure that is fornia at Los Angeles. Appraising and divid- land, but allowed someone, if they were intended to help resolve land disputes but is ing property takes time and effort, he said. a farmer, to produce and make income being used to pry land from people who do Partition statutes exist for a reason: to on the land. So the land not only was not want to sell. help families resolve impossible tangles that Black families are especially vulnerable to a place of pride and citizenship and re- can develop when land is passed down it. The Becketts, for example, lost a 335-acre through several generations without wills. spectability, but also was a source of farm in Jasper County, S.C., that had been in In Rankin County, Miss., for example, the income. their family since 1873. And the Sanders clan 66 heirs to an 80-acre black family estate We heard reference to the fact that watched helplessly as a timber company re- could not agree on what to do with the land. our own records show in U.S. agri- cently acquired 300 acres in Pickens County, One family member, whose portion was the culture that we owned over 15 million Ala., that had been in their family since 1919. size of a house lot, wanted her share separate acres of land and actually own some- The procedure is called partitioning, and from the estate. Three other heirs, who thing less than 2 million acres of land this is how it works: owned shares the size of parking spaces, op- now. What has happened? That has not Whenever a landowner dies without a will, posed dividing the land because what they the heirs—usually spouse and children—in- just been a shift of land through legal owned would have become worthless. So, in herit the estate. They own the land in com- 1979, the court ordered the land sold and the means. Those have also been through mon, with no one person owning a specific proceeds divided. illegal means. It means that from 15 part of it. If more family members die with- Even when the process works as intended, million acres now to 2 million or less out wills, things can get messy within a cou- it contributes to the decline in black-owned

VerDate 11-MAY-2000 02:54 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.110 pfrm01 PsN: H06PT1 H196 CONGRESSIONAL RECORD — HOUSE February 6, 2002 land; the property nearly always ends up in With the family’s permission, one of the sued, alleging Moffitt had secured the elder- the hands of white developers or corpora- siblings, Albert Marsh, farmed those extra 80 ly heirs’ signatures without the presence of a tions. The Rankin County land was bought acres along with his own share. As 20 years notary. A special referee in the Court of at auction by a timber company. passed with no sign of Kern Marsh, the fam- Common Pleas ruled that the estate be sold. But the process doesn’t always work as in- ily care to think of all 160 of those acres as The property was broken into two pieces tended. Land traders who buy shares of es- Albert Marsh’s land. Family members said that were auctioned separately. Fifty acres tates with the intention of forcing partition they expected it would be passed down to were purchased for $75,000 at a December 1991 sales are abusing the law, according to a 1985 Albert’s children when he died. sale by John Rhodes, a real estate broker Commerce Department study. That’s not what happened. from nearby Estill, and his mother, Flor- The practice is legal but ‘‘clearly unscru- On April 11, 1955, about the time oil rings ence. Of this, $12,864 went to Moffitt for her pulous,’’ declared the study, which was con- were appearing on neighboring property, Al- shares and nearly $20,000 was taken for court ducted for the department by the Emergency bert Marsh died without a will. Not long costs, leaving $42,331 for the family. Land Fund, a nonprofit group that helped after, a white oil man named J.B. Holstead Today, Rhodes and his siblings own the Southern blacks retain threatened land in purchased an 11.4-acre interest in the extra tract, which is assessed at $200,000. Moffitt the 1970s and ’80s. 80 acres. The seller was one of Albert Marsh’s bought the remaining 285 acres for $146,000 in Blacks have lost land through partitioning nephews, Leon Elmore, who was one of Al- February 1992. (That included $24,338 she paid for decades; the AP found several cases in bert Marsh’s nephews, Leon Elmore, who has to herself for her own shares.) the 1950s. But in recent years, it has become since died. Two years later, however, an appeals court big business. Legal fees for bringing parti- The deed, filed on Aug. 13, 1955 says Elmore ruled that the signatures of the elderly tion actions can be high—often 20 percent of was paid $100 cash and other consideration— Beckett heirs were obtained illegally. The the proceeds from the land sales. Families, a used truck, according to Elmore’s son, court also cited uncontested evidence that in effect, end up paying the fees of the law- Leon, Jr. Moffitt or her partner had led Edward Stew- yers who separate them from their land. Three days later, Holstead filed for a parti- art to believe he was selling a right of way, Moreover, black landowners cannot always tion sale of the 80 acres. led Frances Beckett to believe she was sell- count on their own lawyers. Sometimes, the Six days after that, a judge sorted out who ing timber rights and led Flemon Woods to Commerce Department study found, attor- owned shares in the 80 acres. Because the believe he would be liable for substantial neys representing blacks filed partition ac- 1944 partition had left that land as common back taxes if he did not sell. tions that were against their client’s inter- property of Louis Marsh’s children, the true The court characterized Moffitt’s dealings ests. owners were his 23 living descendants, the with the three elderly family members as The AP found several cases in which black judge decided. Leon Elmore was among ‘‘unconscionable.’’ When Moffitt paid an ad- landowners, unfamiliar with property law, them, giving him the right to sell his share ditional $45,075 for the shares, however, the inadvertently set partition actions in motion to Holstead. court validated the partition sale. by signing legal papers they did not under- The Marshes did not understand what was With the additional payment, Moffitt’s stand. Once the partition actions began, the happening and did not have a lawyer, said outlay for the land totaled $198,425, court pa- landowners found themselves powerless to Albert Marsh’s son, Alvie, 86. Besides, he pers show. Deduct the $37,202 she received stop them. said, challenging a white businessman in the from the partition sales for her own shares of The Associated Press studied 14 Partition 1950’s ‘‘never entered your mind—’less you the estate, and her true outlay was $161,223. cases in detail, reviewing lawsuit files and wanted the rope.’’ Moffitt has since broken up the property interviewing participants. The cases On Nov. 15, 1955, the same judge granted and resold it to a locally prominent family stretched across Southern and border states. Holstead’s request for a partition sale. Court and several area businesses, property records Each case was different, each complicated, costs, plus a $250 fee to Holstead’s lawyer, show. In one transaction, she swapped part of with some taking years to resolve. In nearly were to be paid from the proceeds. the old Beckett land for an adjoining piece of At the Jan. 21, 1956, auction, Holstead every case, the partition action was initiated property, which she then sold. bought the 80 acres for $6,400. He quickly sold by a land trader or lawyer rather then a fam- Her proceeds from these sales, property the land and the oil and gas rights for un- ily member. In most cases, land traders records show, total $1,708,117—nearly 11 specified amounts, records show. bought small shares of black family estates, times what she paid for the property. The land changed hands several times be- sometimes from heirs who were elderly, ‘‘They basically just ran these people out,’’ fore being acquired in 1996 by Williamette In- mentally disabled or in prison, and then said Bernard Wilburn, an Ohio lawyer who dustries Inc., a wood-products company. A sought partition sales. represented several Beckett heirs. All 14 estates were acquired from black company spokeswoman said Williamette was This wasn’t the only time the Becketts en- families by whites or corporations, usually unaware of the land’s history. countered Moffitt. Holstead is dead; his son, John Holstead, a at bargain prices. In 1991, she paid heirs on another side of Houston lawyer, said he was unaware of the Migrations that have scattered black fami- the family $2,775 or a one-fifth interest in 50 case. When it was described to him, he said: lies increase their vulnerability to partition acres of undeveloped land along State High- ‘‘All of the legal procedures of Louisiana law actions. Historians say those who fled the way 170 in Beaufort County, S.C.—the main were followed.’’ South seldom spoke of the lives they left be- link between Savannah, Ga., and the resort Alvie Marsh believes that land was taken hind. Their descendants may not realize they island of Hilton Head. The following year, unfairly. ‘‘I’ve lived with that for 45 years;’’ have inherited small shares of family prop- Moffitt filed for partition, forcing the 42 he said. erty and have no attachment to the land. All Today, he lives in a shack on that part of heirs into court. a land trader has to do is find one of them. the estate his family was able to keep. The family knew what was coming because Some families have hired attorneys and Things were more complicated when a of what was happening to their relatives, so tried to fight back. However, said Mitchell, South Carolina real estate trader went after they negotiated a settlement. They allowed the Wisconsin law professor, ‘‘the families two tracts owned by different branches of Moffitt to pick out the best 10.4 acres of the nearly always lost.’’ the Beckett family in the 1990s. estate in return for dropping the partition To understand how partition sales work in In 1990, Audrey Moffitt sought a 335-acre action. practice, it is useful to begin with a rel- estate in Jasper County, S.C., that had been Moffitt didn’t keep the land long. Records atively simple one. owned by the family since 1873. show that in October 1998 the state paid her The case of the Marsh family of Northern Frances Beckett, a 74-year-old widow with $17,000 for a roadway easement of less than Louisiana contains the three typical ele- a fourth-grade education, was one of 76 heirs an acre. In January 1999, she sold the rest to ments: land passed down without wills, black to the estate. According to court papers, she a Methodist church for $200,000. landowners unfamiliar with property law and was bedridden with cancer; her doctor had In all, she received $217,000 for land she had a white businessman who saw an opportunity given her three months to live. purchased for $2,775. and took it. But it has few of the complica- The dying women accepted Moffitt’s offer ‘‘You can’t buck these big-money devel- tions that can make partition cases difficult of $750 for her 1/72 interest—worth $4,653, ac- opers,’’ said family member William Jack- to allow. cording to a subsequent appraisal by J. Ed- son, a retired math teacher. ‘‘You are most Louis Marsh, a freed slave, accumulated ward Gay, a real estate consultant. An ap- times forced to settle for less than what your 560 acres in Jackson Parish in the decades peals court would later call it the only property is worth.’’ after the Civil War. When he died without a ‘‘true’’ appraisal of the property. Moffitt, of Varnville, S.C., did not return will in 1906, his children inherited the land. Moffitt then bought out six others heirs for phone calls but replied in writing to a letter They owned it in common until 1944, when a total of $6,600, court papers show. requesting comment. Apparently limiting they asked the court to divide it. Among them, she paid Edward Stewart, 88, her remarks to the larger Beckett property, The Court gave six siblings 80 acres each, a man with no formal education, and Flemon she defended the dealings described as ‘‘un- court records show. The final 80 acres would Woods, 80, with a third-grade education, a conscionable’’ by the court, calling her pay- have gone to their brother, Kern Marsh, but combined $5,800 for their one-sixth interest. ments to the elderly Beckett’s ‘‘fair value.’’ he had fled Louisiana after killing a man. It was worth $55,833, according to Gay’s ap- She characterized the Beckett ownership So, the court decided, Louise Marsha’s chil- praisal. as ‘‘a convoluted mess’’ that made the land dren would continue to own that share in Moffitt filed her partition action in Janu- unmarketable. She added: ‘‘The heirs could common. ary 1991. Beckett family members counter- have done for themselves what I did, but for

VerDate 11-MAY-2000 04:37 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.046 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H197 generations had not done so. It is difficult King, reached at his Office in Carrollton, Sessums died three years ago, according to sometimes to get two people to agree; get- Ala., said: ‘‘I have no additional comments, his wife, Mary. She said Young routinely ting 30 or 40 or more people all to agree to other than what is in the record. . . . I have tipped her husband to land opportunities. sell or keep and use their property would be nothing to hide. This case has been well liti- ‘‘We bought some land through Lynn Young. virtually impossible, in my experience. gated.’’ He bought several tracts like that at the More complicated still is the story of the Moore said partitioning laws, intended to courthouse, you know—commission.’’ Sanders estate in Pickens County, Ala. protect landowners, are often used against Turf Smith died in 1981. Today, Quille M.L. Wheat of Millport, Ala., wanted to them and may need revision. However, he Smith and her five siblings own the land buy the 300 acres of timberland that had said, once the partition request was filed, he their father left them. been in the Sanders family for 83 years. In approved it largely as a matter of routine. early 1996, he talked price with one of the In his three-county rural circuit, he said, ‘‘Two acres,’’ she said. ‘‘That, and the his- owners, Ivene Sanders. They met in the of- two or three such cases are going on all the tory, is all we have left.’’ fice of Wheat’s lawyer, William D. King IV. time. Most, he said, involve black families. When Wheat learned that buying the land Mrs. CLAYTON. We are very appre- would require reaching agreement with WITH HELP FROM THEIR WHITE LAWYER, A ciative of them raising it all through about 100 heirs, he backed away from the BLACK MISSISSIPPI FAMILY LOSES A FARM the country, but we, the members of deal. (By Todd Lewan) the Congressional Black Caucus, have Then, in May of that year, the story took an obligation to have Americans under- CARTHAGE, MISS. (AP).—For years, Turf a turn. stand how important it is to own one’s King, who had represented Wheat, filed a Smith lived alone in a cabin in the woods, serving as caretaker of a 158-acre estate land, to own one’s home place or home- partition action on behalf of 35 members of stead, what it means to the dignity of the Sanders family, naming other heirs as shared by 25 family members who were scat- defendants. tered around the country. the family, and more than that, what Only two family members signed the com- He had long wanted to carve out 2 acres for it means to the sustainability of the plaint seeking the sale: Ivene Sanders, now himself to build a new house, said two of his community, what it means to the soci- 72, with a fourth-grade education, and his children, Quille and Gene Smith. But, fami- ety, to make sure everyone feels that cousin, Archie Sanders, now 75, with a third- lies being as they are, one of his relatives would not agree. they have equal access to have a piece grade education. Court papers show both of the pie. later insisted they did not understand what A white lawyer heard of Smith’s plight, his they were signing. children said. The lawyer told the elderly The documents showed not only the Ivene Sanders told the AP he thought he black farmer he could help by asking a judge take of land for eminent domain by was authorizing King only to determine the to partition the property, giving family governments, but also we found that it size of each family member’s share. members separate titles to their allotted shares. Smith, who is now dead, agreed. was a case in point where Mississippi, Several family members King listed as the burning of a courthouse, and all plaintiffs turned out not to own shares. All However, the petition the lawyer filed on but five of the plaintiffs who did own shares Turf Smith’s behalf asked the court to sell the documents were destroyed and a joined Ivene and Archie Sanders in filing pa- the entire estate at auction if it could not be private entity came in and they pers stating that they had not authorized divided fairly among the heirs. The sale of claimed under color of law, and the King to pursue the partition action. the entire estate, Smith’s children said, was lawyers in the audience would know Several hired another lawyer to try to stop not something he planned or imagined would more than I would, but they had a title the sale. happen. that was not complete, where they The AP could find nothing in the record in- Court records show that many heirs to the property never responded to the suit. The went to court and they said there was dicating the wishes of the other five plain- no one else to claim this title. So for a tiffs. One, Emma Jeann Sanders, told the AP family, mostly rural folk, was widely scat- she had never hired King. Another, Lillie tered, Quillie and Eugene Smith said. They period of years they had a color of Velma Gregory, was too ill to be inter- didn’t understand what was happening or title. Later, they acquired the land. viewed, but her daughter, Fentris Miller have the money to hire a lawyer to fight it. They acquired the land for a very mini- Hayes, said her mother had not hired King. The judge who heard the case appointed mal amount of money. three special commissioners to determine Another is now dead. The other two could They sold that land after they dis- not be located. what should be done. County records show Whose interest was King representing as he that one of the panel members, Lynn O. covered there was oil on that land, and pursued the partition action for more than Young, a county forester who has since died, even in the article it says the corpora- two years? King would not comment beyond had numerous land dealings with timber tion now says the question is what do saying that the record speaks for itself. companies and a real estate speculator we do about this? He acknowledged As the case went on, the number of family named W.O. Sessums. there has been less than full disclosure, members being sued to force the sale reached The panel recommended a partition sale. less than full legal remedy to the proc- Because not all of the 158 acres were of the 78. Of these, 18 did not object to the sale, ac- ess, but he is the rightful owner. cording to the judge. In fact, in the case’s same quality, the land could not be divided final year, the judge decided that seven of equally among the heirs, the panel told the So there have been many acquisi- them were no longer defendants, but plain- court. So, the judge ordered an auction. tions of lands and wealth and minerals tiffs. The sale was set for 1978. Turf Smith, with from land that has been acquired as a Five of those seven then filed objections to help from his nephew, Maxwell Smith, result of the color of law and the result the sale, too. scraped together $41,000 in cash and loans to Family members who took a position on try to keep the land in the family, but they of some trickery. Obviously burning a the sale—plaintiffs and defendants alike— never had a chance. Sessums quickly bid the courthouse is not the color of law. were overwhelmingly opposed, court records price up and bought 156 of the 158 acres for Also, we have eminent domain in show. Some said they never wanted the fam- $98,000, court records show. Florida where the city acquired the ily land sold. Others, including Ivene and Ar- Smith was able to buy the final 2 acres, land for a naval yard, acquired the land which the court sold separately for his ben- chie Sanders, said that if they were to sell, when people went there and begged they would want to do so privately rather efit, for $1,200. than risk a low winning bid at a court-or- Months later, Sessums sold his 156 acres that they indeed should have the op- dered auction. for an undisclosed sum to a subsidiary of portunity to buy their land. Eminent Nevertheless, Circuit Court Judge James Georgia Pacific Corp., property records show. domain said to the blacks that they Moore ordered an auction. The Melrose Tim- From the auction, each Smith heir re- had one price and to the whites right ber Co., Inc., bought the property on Nov. 24, ceived as little as $245 to as much as $8,000, beside it a price that was at least 10 1998, for $505,000, court papers show. court records show. But the land that had times higher. These family members It was not a bad price, but the family did been their legacy since the early 1920s was tried to buy the land after the city had not get all the money. King collected $104,730 gone. in fees and expenses—about 20 percent of the The property now is assessed at more than no use for the naval yard, and rather sale proceeds. After court costs were de- $225,000, and believed to have a market value than sell it to them, they sold it to a ducted, $389,170 remained to be divided of much more because it has quality hard- baseball franchise. That baseball fran- among 96 heirs, some of whom incurred thou- woods and shoulders a highway. chise bought that land for millions of sands of dollars in legal fees fighting the ‘‘We paid a fair market price and have dollars; not any remuneration to the sale. clear title on the land,’’ Robin Keegan, a sen- Afro-American family members. Some family members wanted to appeal ior spokeswoman for Georgia Pacific, said. but decided they could not afford the legal ‘‘Our records contain nothing to suggest that History is replete with incidents fees, said Ivene Sander’s niece, Eldessa John- anyone at Georgia Pacific knew anything where the color of law has been favor- son, 50, of Southfield, Mich. about the family’s dispute over the land.’’ ing those who are powerful and taking

VerDate 11-MAY-2000 04:37 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.050 pfrm01 PsN: H06PT1 H198 CONGRESSIONAL RECORD — HOUSE February 6, 2002 away without any opportunity of re- Again, I am thankful and very appre- all should have the fundamental right to life, dress for those who are powerless or ciative that the gentleman from South liberty, and the pursuit of happiness. However, who were Afro-American who did not Carolina (Mr. CLYBURN) found this for some, this was a far fetch dream. And to have the law of those who represented. issue, something he passionately cared many, the pursuit of happiness was a down I think the issue for us is not only to about and wanted to join us, and I right lie!!! raise that consciousness of all Ameri- know he may want to have some last Few people know that by the turn of the cans and understand the value of land, remarks. I thank the gentleman from 21st Century, former slaves and their de- but also have a sense of fairness, have South Carolina (Mr. CLYBURN) very scendants owned millions of acres of land. In a sense of the value of having free ac- much for doing this and yield to him. fact by 1910, African Americans owned ap- cess to the opportunity of being land- Mr. CLYBURN. I thank the gentle- proximately 15 million acres of land. Today, owners or homeowners or sharing in woman from North Carolina (Mrs. African Americans own only 1.1 million acres the wealth, and to that extent, I think CLAYTON) for joining me in this Special of land. we will have a better America. Order. You might ask, why is it that during periods I think also Afro-Americans are so Mr. Speaker, I would like to say in when our country witnessed massive pros- worn that no one is as vigilant as they closing the Special Order that I am perity and growth has the number of African are themselves. They say buyer be- pleased that the time has been granted. American land ownership decreased so dras- ware. So those who have been fraudu- I want to sound the alarm to the public tically? There are many answers to that ques- lently offended, those who have had the at large that this is an issue that has a tion; however, probably the most disturbing color of law to take that land, they long history. It is an issue that is very, one is the taking of land by White business- need to begin, I think, as the gen- very current in and around our neigh- men and lenders and keeping the unfortunate tleman from South Carolina (Mr. CLY- borhoods today. victims quiet, either through intimidation or BURN) challenged us, is to begin to In my own congressional district in murder. And today, land that was once owned think about bringing all that informa- South Carolina, I continue to find in- by numerous hard working families is now tion together so we can share that in- stances where people are now unable to home to baseball parks and shopping malls. formation with the appropriate author- pay taxes on the land that has been in Mr. Speaker, this is a shame!!! It is a shame ity. their families for centuries simply be- that this was happening in America. It will be I think we are setting the symbol, cause someone has built a motel or a even more of a shame if we continue to let that it is the time for us to come to- housing development in the area, and this be ignored. gether, first for America to come to- all of a sudden the taxes have acceler- Ms. WATERS. Mr. Speaker, I rise today to gether and say this is unacceptable, it ated, and they are finding themselves bring to the nation’s attention the plight of was not right then, and it certainly is unable to pay these taxes and, there- thousands of black farmers around the nation. not right now. fore, losing the land. From the day that we earned our freedom, Let me just finish my comments and We have seen that happen on Hilton many African-Americans have chosen to sup- say this is not just yesterday. This is Head, South Carolina; Daufuskie Is- port themselves and their families through still happening. I serve on the Com- land, South Carolina; Pawleys Island, farming. And we pursued this profession with mittee on Agriculture, as two of my South Carolina; all of these areas dedication and determination. Representatives here, and we know where there are resort communities Unfortunately, black farmers have faced op- that the black families had had a con- being built. And so we bring this issue position and intimidation from white farmers, tinuous complaint and legal action here today because we think it is high Jim Crow laws, and the federal government. against the Department of Agriculture time that we begin to focus on what is Local and state governments through the sec- because they have had foreclosures or being done under the color of law to ond half of the 1800s created laws that sys- they have been discriminated in in get- people who find themselves powerless tematically stripped land from black farmers. ting the resources they have needed. So and to have big corporations like the The policy continued through the New Deal. in the process of the loans, the fore- International Paper Company now ben- President Roosevelt’s much heralded policies closure has meant that the taking of efiting from this illegal taking. It is which helped millions of people through those the land back to the government, when time for our government to join forces tough times, rarely helped black farmers de- they were not able to either work out with large corporations. In this time spite the fact that they owned fourteen percent a payback schedule that would allow when corporate scrutiny is very, very of the nation’s farming land. them to pay back their owns loans, or vigilant, we ought to do what is right Surprisingly, at a time when other blacks which they were lent moneys discrim- by those people who had their land, were achieving civil rights, the federal govern- inately so they were not even given a their wealth taken away and now going ment pursued policies that made the condition chance in the very beginning to have to the benefit of people who have no of the black farmers worse. Thousands lost an equal opportunity. legal right to it. their land and, by 1978, tragically, there were So not only is this historical, it is I want to thank my colleagues for only 6,996 black farms left. Today, there are continuing, and we as Americans joining me this evening in this Special fewer than 18,000 black farmers, which rep- should be alarmed at this. We should Order. resents less than one percent of all the farms not find this as acceptable. I think it Mr. LEWIS of Georgia. Mr. Speaker, many in America. was Martin Luther King who said, it is Americans have taken pride of our past and These farmers worked their entire lives to not so much what bad people do, it is rightfully so. We have a rich history of working get where they are today, and in many cases the silence of good people, and I know the land and having the opportunity to benefits they are farming the same land as their grand- most Americans know that the taking from the fruits of our labor. My family has parents and great-grandparents did. But due of land, fraudulent or even by the color even had the opportunity to witness the pride to unfair influences and the power of large of law, is unacceptable, it is wrong. We that land ownership brings. In 1944, when I corporations, these farmers are losing thou- ought to speak out at that. was only 4 years old, my father saved $300 to sands of acres to development. What makes We are calling our colleagues and buy 100 acres of land in Alabama. This land matters worse is that they are almost never Americans to be engaged in this dia- has been in my family ever since, and to this given fair market value for their land. logue, and we are calling on black day, my 87 year old mother still lives there. I It is easy for many of us just to sweep this Americans themselves to be vigilant in cannot imagine, that in a country like ours, under the rug and pretend that nothing like making sure that they are taking care having this land stripped from under our feet this happened. But we must face the facts and of their legal procedures, and they without justification. Much less not even being realize that thousands of black farmers were know the value of land, and they do able to do anything about it. systematically dispossessed from their land. I not ignore notices about tax, notices Unfortunately, this was indeed the reality for propose that the Federal Government create a for sale, and they do not take for many African American farmers at one time. It commission so that farmers can have a free granted someone else is going to take was often spoken of, but never proven. And and fair forum to bring their complaints and care of their business; that they under- until recently, many Black Farmers were cry- reconcile this matter. Our farmers deserve stand that to own land is to be part of ing on deaf ears of their plights. As Americans nothing less. America, and they have every right to we have longed believed that under God, all Mr. CONYERS. Mr. Speaker, I would like to be engaged in it. men were created equal. Under this belief we take this opportunity to speak to the issue of

VerDate 11-MAY-2000 02:54 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 9920 E:\CR\FM\K06FE7.111 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H199 Black Land Loss, an epidemic which is caus- The lands and properties that were taken The SPEAKER pro tempore. Is there ing African Americans to lose land at alarming from African Americans were generally small, objection to the request of the gen- rates. This problem has plagued Black Ameri- such as a small home, a 40-acre farm or a tleman from Alabama? cans for over a century and a half. modest business. But such losses were dev- There was no objection. We cannot allow an issue as pervasive and astating to families and to a people struggling f insidious as black land loss to go to overcome the legacy of slavery. unaddressed. Black land loss is attributable to According to the U.S. Agricultural Census, LEAVE OF ABSENCE many reasons: lynchings, mob attacks, lack of in 1910 African Americans owned over 15 mil- By unanimous consent, leave of ab- legal wills, slick and untrustworthy lawyers, lion acres of farmland, the greatest level of sence was granted to: and unscrupulous real estate traders. Some- black landownership in our nation’s history. Mr. YOUNG of Alaska (at the request times black land owners were attacked by However, as a result of the illegal land grabs of Mr. ARMEY) for today on account of whites who wanted to seize their property. and the discriminatory practices of the old aircraft mechanical trouble. During the Reconstruction period, black were Farmers Home Administration, black land- f ostracized, terrorized and dispossessed of the ownership today now stands at 1.1 million one thing they had managed to earn in that acres. SPECIAL ORDERS GRANTED desperate time, their land. The wholesale theft of land from African Americans is the greatest unpunished crime in By unanimous consent, permission to By 1920, African Americans had amassed address the House, following the legis- more land than they ever held since recon- our nation’s sordid history of race relations. Landownership was the ladder to respect- lative program and any special orders struction, at least 15 million acres, according ability and prosperity in the Old South—the heretofore entered, was granted to: to statistics compiled by the U.S. Agricultural primary means to building economic security (The following Members (at the re- Census. and passing wealth on to the next generation. quest of Mr. GUTKNECHT) to revise and Black land ownership tapered off after World So when black families lost their land, they extend their remarks and include ex- War I and plunged in the 1950’s. Today, Afri- lost everything. traneous material:) can-Americans own just 1.1 million acres of Typically, blacks were forced off their lands Ms. NORTON, for 5 minutes, today. the more than 1 billion acres in productive with phony charges of nonpayment of taxes or Mr. LARSON of Connecticut, for 5 land in the U.S. During the 20th Century Black through claims of counter ownership by other minutes, today. Americans have lost their land holding at a private or government entities. Mr. CUMMINGS, for 5 minutes, today. rate two and a half (21⁄2) times faster than In other cases, African Americans were Mr. LANGEVIN, for 5 minutes, today. whites. Blacks were forced out of the South forced off their lands with threats of violence Mr. LYNCH, for 5 minutes, today. and off their land by: or the outright murder of black landowners. Mr. STRICKLAND, for 5 minutes, The discriminatory lending practices em- In my home state of Missouri, hundreds of today. ployed by banks and the U.S. Department of blacks fled the city of Springfield in 1906, after Ms. MILLENDER-MCDONALD, for 5 min- Agriculture; the need to seek better economic three men were lynched. The city, which at utes, today. opportunities in the North; racial oppression; the time had a thriving African American popu- (The following Members (at the re- and violence perpetrated by white suprema- lation of at least 10 percent with many black quest of Mr. GUTKNECHT) to revise and cists groups and other terrorist organizations. doctors, lawyers and educators, is today only extend their remarks and include ex- In effect, black landowners were put under so two percent black. traneous material:) much pressure to give up their land, that they In another case, 129 blacks abandoned land Mr. GANSKE, for 5 minutes, February in Pierce City, Missouri after armed bands of became refugees in their own country. 10 and 11. Families that pass down their land without whites burned five black-owned homes and Mr. LOBIONDO, for 5 minutes, today. wills or with vague wills are particularly vulner- killed four African American men. Afterwards, Mr. NUSSLE, for 5 minutes, today. able to losing their property through parti- whites bought up the previously black-owned Mr. GUTKNECHT, for 5 minutes, today. tioning and other predatory legal practices. land at bargain prices. Historically blacks in the rural south seldom The great abolitionist Frederick Douglass f foresaw this future tragedy for Black Ameri- left wills. Experts say thousands of acres of ADJOURNMENT black owned land that had been in African- cans when, on the 24th anniversary of the American families for generations has been Emancipation Proclamation, he said, ‘‘Where Mrs. CLAYTON. Mr. Speaker, I move lost through these practices. In recent years justice is denied, where poverty is enforced, that the House do now adjourn. separating African-Americans from their land where ignorance prevails, anywhere any one The motion was agreed to; accord- has become big business. All to the detriment class is made to feel that society is in an orga- ingly (at 7 o’clock and 59 minutes of African-American land owners. nized conspiracy to oppress, rob, and degrade p.m.), the House adjourned until to- Ownership of land has meant more than just them, neither persons nor property will be morrow, Thursday, February 7, 2002, at a family homestead, land represented wealth safe.’’ 10 a.m. The Associated Press articles provide ample to a black family, when these homesteads f empirical evidence that Congress needs to were taken from black families they lost their conduct a study into these tragic events to de- EXECUTIVE COMMUNICATIONS, ability to pass on wealth. As WEB DuBois termine whether reparations for past losses ETC. stated, ‘‘universal suffrage could not function are in order. Under clause 8 of rule XII, executive without personal freedom, land and edu- Throughout our nation’s history, there are cation.’’ communications were taken from the many examples of our government taking Speaker’s table and referred as follows: By preventing blacks from preserving their steps to correct past wrongs committed land, whites were more able to perpetuate the against specific groups of Americans. 5364. A letter from the Chairman, Federal vestiges of slavery. Taking land from African- We have compensated Japanese Ameri- Energy Regulatory Commission, transmit- Americans went a long way in eliminating their ting the Commission’s report entitled, ‘‘Re- cans for the time they were interned in con- port on the Economic Impacts on Western ability to prosper; participate in the political centration camps during World War II, and we process; and to effectively pass on wealth to Utilities and Ratepayers of Price Caps on have compensated Native Americans for the Spot Market Sales’’; to the Committee on future generations. loss of their lands to western expansion. Energy and Commerce. Mr. CLAY. Mr. Speaker, I rise to commend So now the time has come for us to exam- 5365. A letter from the Chairman, Council the Associated Press for a series of articles it ine the economic and physical losses suffered of the District of Columbia, transmitting a ran late last year entitled, ‘‘Torn from the by African Americans under the old policies of copy of D.C. ACT 14–229, ‘‘Health Insurers Land,’’ which documented in great detail how Jim Crow. To do any less, would allow Justice and Credentialing Intermediaries Uniform private and government entitles cheated many to be denied. Credentialing Form Act of 2002’’ received February 6, 2002, pursuant to D.C. Code sec- Black Americans out of their land or drove f them from their land through intimidation, vio- tion 1–233(c)(1); to the Committee on Govern- ment Reform. lence and murder. REMOVAL OF NAME OF MEMBER AS COSPONSOR OF H.R. 3252 5366. A letter from the Chairman, Council The misappropriation of these lands, under- of the District of Columbia, transmitting a taken primarily in the South, began more than Mr. HILLIARD. Mr. Speaker, I ask copy of D.C. ACT 14–236, ‘‘Closing of a Por- a hundred years ago and continued well into unanimous consent that my name be tion of South Avenue N.E., and Designation the 1960s. removed as a cosponsor of H.R. 3252. of Washington Place, NE., S.O. 01–312, Act of

VerDate 11-MAY-2000 02:54 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.054 pfrm01 PsN: H06PT1 H200 CONGRESSIONAL RECORD — HOUSE February 6, 2002 2002’’ received February 6, 2002, pursuant to ant to D.C. Code section 1–233(c)(1); to the of Transportation, transmitting the Depart- D.C. Code section 1–233(c)(1); to the Com- Committee on Government Reform. ment’s final rule—Drawbridge Operation mittee on Government Reform. 5379. A letter from the Chairman, Council Regulations: Harlem River, NY [CGD01–01– 5367. A letter from the Chairman, Council of the District of Columbia, transmitting a 048] (RIN: 2115–AE47) received February 4, of the District of Columbia, transmitting a copy of D.C. ACT 14–255, ‘‘Safety Net Tem- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the copy of D.C. ACT 14–237, ‘‘Closing of a Public porary Act of 2002’’ received February 6, 2002, Committee on Transportation and Infra- Alley in Square 5851, S.O. 00–94, Act of 2002’’ pursuant to D.C. Code section 1–233(c)(1); to structure. received February 6, 2002, pursuant to D.C. the Committee on Government Reform. 5391. A letter from the Chief, Regulations Code section 1–233(c)(1); to the Committee on 5380. A letter from the Chairman, Council and Administrative Law, USCG, Department Government Reform. of the District of Columbia, transmitting a of Transportation, transmitting the Depart- 5368. A letter from the Chairman, Council copy of D.C. ACT 14–254, ‘‘Educational Step- ment’s final rule—Drawbridge Operation of the District of Columbia, transmitting a ladder Temporary Act of 2002’’ received Feb- Regulations: Missouri River [CGD08–98–020] copy of D.C. ACT 14–230, ‘‘Uniform Consulta- ruary 6, 2002, pursuant to D.C. Code section (RIN: 2115–AE47) received February 4, 2002, tion Referral Forms Act of 2002’’ received 1–233(c)(1); to the Committee on Government pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- February 6, 2002, pursuant to D.C. Code sec- Reform. mittee on Transportation and Infrastruc- tion 1–233(c)(1); to the Committee on Govern- 5381. A letter from the Chairman, Council ture. ment Reform. of the District of Columbia, transmitting a 5392. A letter from the Chief, Regulations 5369. A letter from the Chairman, Council copy of D.C. ACT 14–253, ‘‘Ward Redistricting and Administrative Law, USCG, Department of the District of Columbia, transmitting a Residential Permit Parking Temporary of Transportation, transmitting the Depart- copy of D.C. ACT 14–232, ‘‘Lease-Purchase Amendment Act of 2002’’ received February ment’s final rule—Drawbridge Operation Agreement Act of 2002’’ received February 6, 6, 2002, pursuant to D.C. Code section 1– Regulations: West Bay, MA [CGD01–01–038] 2002, pursuant to D.C. Code section 1– 233(c)(1); to the Committee on Government (RIN: 2115–AE47) received February 4, 2002, 233(c)(1); to the Committee on Government Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Reform. 5382. A letter from the Chairman, Council mittee on Transportation and Infrastruc- 5370. A letter from the Chairman, Council of the District of Columbia, transmitting a ture. of the District of Columbia, transmitting a copy of D.C. ACT 14–257, ‘‘Operation Endur- 5393. A letter from the Chief, Regulations copy of D.C. ACT 14–231, ‘‘Health-Care Facil- ing Freedom Active Duty Pay Differential and Administrative Law, USCG, Department ity Unlicensed Personnel Criminal Back- Temporary Amendment Act of 2002’’ received of Transportation, transmitting the Depart- ground Check Amendment Act of 2002’’ re- February 6, 2002, pursuant to D.C. Code sec- ment’s final rule—Drawbridge Operation ceived February 6, 2002, pursuant to D.C. tion 1–233(c)(1); to the Committee on Govern- Regulation; Lake Pontchartrain, LA Code section 1–233(c)(1); to the Committee on ment Reform. [CGD08–01–022] (RIN: 2115–AE47) received Government Reform. 5383. A letter from the Chairman, Nuclear February 4, 2002, pursuant to 5 U.S.C. 5371. A letter from the Chairman, Council Regulatory Commission, transmitting the 801(a)(1)(A); to the Committee on Transpor- of the District of Columbia, transmitting a Commission’s FY 2003 Budget Estimates and tation and Infrastructure. 5394. A letter from the Chief, Regulations copy of D.C. ACT 14–252, ‘‘Unemployment Performance Plan; to the Committee on Gov- and Administrative Law, USCG, Department Compensation Services Temporary Amend- ernment Reform. of Transportation, transmitting the Depart- ment of 2002’’ received February 6, 2002, pur- 5384. A letter from the Director, Office of ment’s final rule—Security Zone; St Croix, suant to D.C. Code section 1–233(c)(1); to the Personnel Management, transmitting OPM’s USVI [CGD07–01–135] (RIN: 2115–AA97) re- Committee on Government Reform. Fiscal Year 2001 Annual Report to Congress ceived February 4, 2002, pursuant to 5 U.S.C. 5372. A letter from the Chairman, Council on the Federal Equal Opportunity Recruit- 801(a)(1)(A); to the Committee on Transpor- of the District of Columbia, transmitting a ment Program (FEORP), pursuant to 5 tation and Infrastructure. copy of D.C. ACT 14–251, ‘‘Continuation of U.S.C. 7201(e); to the Committee on Govern- 5395. A letter from the Chief, Regulations Health Coverage Temporary Act of 2002’’ re- ment Reform. and Administrative Law, USCG, Department 5385. A letter from the Administrator, Fed- ceived February 6, 2002, pursuant to D.C. of Transportation, transmitting the Depart- eral Aviation Administration, Department of Code section 1–233(c)(1); to the Committee on ment’s final rule—Drawbridge Operating Government Reform. Transportation, transmitting the Capital In- Regulation; Falgout Canal, LA [CGD08–01– 5373. A letter from the Chairman, Council vestment Plan (CIP) for fiscal years 2003– 051] received February 4, 2002, pursuant to 5 of the District of Columbia, transmitting a 2007, pursuant to 49 U.S.C. app. 2203(b)(1); to U.S.C. 801(a)(1)(A); to the Committee on copy of D.C. ACT 14–250, ‘‘Uniform Athlete the Committee on Transportation and Infra- Transportation and Infrastructure. Agents Act of 2002’’ received February 6, 2002, structure. 5396. A letter from the Chief, Regulations pursuant to D.C. Code section 1–233(c)(1); to 5386. A letter from the Program Analyst, and Administrative Law, USCG, Department the Committee on Government Reform. FAA, Department of Transportation, trans- of Transportation, transmitting the Depart- 5374. A letter from the Chairman, Council mitting the Department’s final rule—Amend- ment’s final rule—Drawbridge Operating of the District of Columbia, transmitting a ment to Class E Airspace; Ankeny, IA [Air- Regulation; Lake Ponchartrain, LA [CGD08– copy of D.C. ACT 14–241, ‘‘Closing, Dedica- space Docket No. 01–ACE–7] received Feb- 01–053] received February 4, 2002, pursuant to tion and Designation of Certain Public ruary 5, 2002, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on Streets and Alleys in Squares 5880, 5881, 5882, 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. 5883, 5885, 5890, and S.O. and 01–2384 Act of tation and Infrastructure. 5397. A letter from the Chief, Regulations 2002’’ received February 6, 2002, pursuant to 5387. A letter from the Chief, Regulations and Administrative Law, USCG, Department D.C. Code section 1–233(c)(1); to the Com- and Administrative Law, USCG, Department of Transportation, transmitting the Depart- mittee on Government Reform. of Transportation, transmitting the Depart- ment’s final rule—Safety and Security Zone; 5375. A letter from the Chairman, Council ment’s final rule—Drawbridge Operation Pilgrim Nuclear Power Plant, Plymouth, of the District of Columbia, transmitting a Regulations; Snake Creek Drawbridge, Massachusetts [CGD01–01–211] (RIN: 2115– copy of D.C. ACT 14–234, ‘‘Closing of a Public Islamorada, Florida [CGD07–01–056] (RIN: AA97) received February 4, 2002, pursuant to Alley in Square 2837, S.O. 92–195 Act of 2002’’ 2115–AE47) received February 4, 2002, pursu- 5 U.S.C. 801(a)(1)(A); to the Committee on received February 6, 2002, pursuant to D.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Transportation and Infrastructure. Code section 1–233(c)(1); to the Committee on on Transportation and Infrastructure. 5398. A letter from the Chief, Regulations Government Reform. 5388. A letter from the Chief, Regulations and Administrative Law, USCG, Department 5376. A letter from the Chairman, Council and Administrative Law, USCG, Department of Transportation, transmitting the Depart- of the District of Columbia, transmitting a of Transportation, transmitting the Depart- ment’s final rule—Regulated Navigation copy of D.C. ACT 14–235, ‘‘Closing of a Public ment’s final rule—Drawbridge Operation Areas, Safety and Security Zones: Long Is- Alley in Square 220, S.O. 01–2388 Act of 2002’’ Regulations; 63rd Street Bridge, Indian land Sound Marine Inspection and Captain of received February 6, 2002, pursuant to D.C. Creek, mile 4.0, Miami Beach, Miami-Dade the Port Zone [CGD01–01–187] (RIN: 2115– Code section 1–233(c)(1); to the Committee on County, Florida [CGD07–02–001] received Feb- AE84, 2115–AA97) received February 4, 2002, Government Reform. ruary 4, 2002, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5377. A letter from the Chairman, Council 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- of the District of Columbia, transmitting a tation and Infrastructure. ture. copy of D.C. ACT 14–233, ‘‘Colorectal Cancer 5389. A letter from the Chief, Regulations 5399. A letter from the Chief, Regulations Screening Insurance Coverage Requirement and Administrative Law, USCG, Department and Administrative Law, USCG, Department Act of 2002’’ received February 6, 2002, pursu- of Transportation, transmitting the Depart- of Transportation, transmitting to the Com- ant to D.C. Code section 1–233(c)(1); to the ment’s final rule—Drawbridge Operations mittee on Transportation and Infrastruc- Committee on Government Reform. Regulations; Youngs Bay and Lewis and ture. 5378. A letter from the Chairman, Council Clark River, OR [CGD13–01–006] (RIN: 2115– 5400. A letter from the Chief, Regulations of the District of Columbia, transmitting a AE47) received February 4, 2002, pursuant to and Administrative Law, USCG, Department copy of D.C. ACT 14–238, ‘‘Chief Financial Of- 5 U.S.C. 801(a)(1)(A); to the Committee on of Transportation, transmitting the Depart- ficer Establishment Reprogramming During Transportation and Infrastructure. ment’s final rule—Regulated Navigation Non-Control Years Technical Amendment 5390. A letter from the Chief, Regulations Area; Chesapeake Bay Entrance and Hamp- Act of 2002’’ received February 6, 2002, pursu- and Administrative Law, USCG, Department ton Roads, VA and Adjacent Waters [CGD05–

VerDate 11-MAY-2000 04:16 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\L06FE7.000 pfrm01 PsN: H06PT1 February 6, 2002 CONGRESSIONAL RECORD — HOUSE H201

01–066] (RIN: 2115–AE84) received February 4, National Endowment for the Arts from funds H.R. 1626: Mrs. NORTHUP. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the made available for fiscal year 2002; to the H.R. 1645: Mr. CALVERT. Committee on Transportation and Infra- Committee on Education and the Workforce. H.R. 1822: Mr. SCHIFF and Mr. KUCINICH. structure. By Mr. OWENS: H.R. 1864: Mr. CONDIT. 5401. A letter from the Chief, Regulations H.R. 3690. A bill to amend title 49, United H.R. 1904: Ms. ROYBAL-ALLARD and Mr. PE- and Administrative Law, USCG, Department States Code, to provide that individuals who TERSON of Minnesota. of Transportation, transmitting the Depart- are eligible to join the Armed Forces of the H.R. 1935: Mr. BROWN of Ohio, Mr. WILSON ment’s final rule—Drawbridge Operation United States are also eligible to be security of South Carolina, Ms. KAPTUR, Mr. GIBBONS, Regulations: Longboat Pass and New Pass, screening personnel; to the Committee on Mr. DICKS, Mr. GEKAS, and Mr. ROHR- Longboat Key, Florida [CGD07–00–006] (RIN: Transportation and Infrastructure. ABACHER. 2115–AE47) received February 4, 2002, pursu- By Mrs. WILSON of New Mexico: ant to 5 U.S.C. 801(a)(1)(A); to the Committee H.R. 3691. A bill to amend the National H.R. 2117: Mr. WILSON of South Carolina on Transportation and Infrastructure. Trails System Act to designate the Old and Ms. LOFGREN. 5402. A letter from the Chief, Regulations Spanish Trail as a National Historic Trail; to H.R. 2125: Mr. HORN, Mr. CUMMINGS, Mr. and Administrative Law, USCG, Department the Committee on Resources. DEUTSCH, Mr. GALLEGLY, and Mr. KIND. of Transportation, transmitting the Depart- By Mr. KERNS: H.R. 2158: Mr. HOLT. ment’s final rule—Drawbridge Operation H. Con. Res. 315. Concurrent resolution to H.R. 2163: Ms. ROYBAL-ALLARD. Regulations: Maybank Highway Bridge, require the display of the Ten Command- H.R. 2219: Mr. UPTON and Mr. GORDON. Stono River, Johns Island, SC [CGD07–01–091] ments in the chambers of the House of Rep- H.R. 2527: Mr. SIMPSON, Mr. HYDE, and Mr. (RIN: 2115–AE47) received February 4, 2002, resentatives and the Senate; to the Com- ISRAEL. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on House Administration. H.R. 2573: Mr. HOEFFEL. By Mr. PITTS (for himself, Mr. AKIN, mittee on Transportation and Infrastruc- H.R. 2638: Mr. HINOJOSA, Mr. ISRAEL, Mr. Mr. GOODE, Mr. BOOZMAN, Mr. ture. CONDIT, and Mr. DICKS. HILLEARY, Mr. DOOLITTLE, Mr. WIL- 5403. A letter from the Chief, Regulations H.R. 2735: Mr. SENSENBRENNER. and Administrative Law, USCG, Department SON of South Carolina, Mr. BARR of H.R. 2740: Mr. KILDEE and Mrs. CAPITO. of Transportation, transmitting the Depart- Georgia, and Mr. NORWOOD): H.R. 2868: Ms. ROYBAL-ALLARD and Mr. ment’s final rule—Drawbridge Operating H. Con. Res. 316. Concurrent resolution ex- FROST. Regulation; Terrebonne Bayou, LA [CGD08– pressing the sense of the Congress that gov- 01–003] (RIN: 2115–AE47) received February 4, ernment policy should seek to reduce the fi- H.R. 2942: Mr. STUPAK. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the nancial penalties against marriage within H.R. 3038: Mr. WELDON of Pennsylvania. Committee on Transportation and Infra- the welfare system, and should support mar- H.R. 3065: Ms. NORTON. structure. ried couples in forming and sustaining H.R. 3068: Mr. CANTOR and Mrs. BIGGERT. 5404. A letter from the Administrator, En- healthy, loving, and productive marriages; to H.R. 3113: Mrs. MALONEY of New York, Mr. vironmental Protection Agency, transmit- the Committee on Ways and Means. ORTIZ, and Ms. BALDWIN. ting the Agency’s report on Implementation By Mr. RADANOVICH (for himself, Mr. H.R. 3185: Mr. LYNCH, Mr. MATSUI, Mr. and Enforcement of the Combined Sewer BAIRD, Mr. CALVERT, Mr. BOSWELL, COYNE, and Mr. RAHALL. and Mr. CANNON): Overflow (CSO) Control Policy, pursuant to H.R. 3193: Mrs. KELLY, Mr. GEORGE MILLER Public Law 106–554, section 12; to the Com- H. Con. Res. 317. Concurrent resolution ex- of California, Ms. SOLIS, and Ms. CARSON of mittee on Transportation and Infrastruc- pressing the sense of the Congress that the Indiana. President should open a dialog with the Gov- ture. H.R. 3244: Mr. BARR of Georgia, Mr. ernment of Canada to discuss the smuggling 5405. A letter from the Assistant Secretary HOLDEN, Mr. DEUTSCH, Ms. DELAURO, Mr. from Canada into the United States of large for Import Administration and the Assistant SHIMKUS, Mr. YOUNG of Alaska, Mr. LEWIS of quantities of pseudoephedrine, a necessary U.S. Trade Representative for WTO and Mul- Kentucky, and Mr. GREEN of Texas. ingredient in the production of tilateral Affairs, Department of Commerce, H.R. 3278: Ms. ROS-LEHTINEN. methamphetamines; to the Committee on transmitting a report entitled, ‘‘Subsidies H.R. 3341: Mr. INSLEE. Enforcement Annual Report To The Con- International Relations. H.R. 3414: Mr. PASTOR. gress’’; to the Committee on Ways and f H.R. 3443: Mr. STENHOLM, Mr. SIMPSON, Mr. Means. BACA, Mr. TURNER, Mr. SANDERS, Mr. 5406. A letter from the Deputy Director, ADDITIONAL SPONSORS LOBIONDO, Mrs. THURMAN, Mr. BOOZMAN, and Congressional Budget Office, transmitting Under clause 7 of rule XII, sponsors Mr. STUPAK. the CBO’s Sequestration Preview Report for were added to public bills and resolu- H.R. 3457: Mr. ENGLISH, Mr. TOM DAVIS of FY 2003, pursuant to 2 U.S.C. section 904(b); tions as follows: Virginia, and Mr. FORBES. jointly to the Committees on the Budget and Appropriations. H.R. 12: Mr. WILSON of South Carolina. H.R. 3464: Mr. FRANK. H.R. 46: Mrs. JO ANN DAVIS of Virginia. H.R. 3465: Mr. HALL of Ohio, Mr. MORAN of f H.R. 367: Ms. NORTON. Virginia, Ms. NORTON, Mr. FROST, Mr. PUT- H.R. 397: Mr. JACKSON of Illinois. NAM, and Mrs. CLAYTON. PUBLIC BILLS AND RESOLUTIONS H.R. 498: Mr. MATHESON, Mrs. CUBIN, Mr. H.R. 3524: Ms. NORTON. Under clause 2 of rule XII, public WATT of North Carolina, Mr. ANDREWS, Mr. H.R. 3574: Mr. NEAL of Massachusetts, Mr. bills and resolutions were introduced NORWOOD, Mr. WU, Mr. VITTER, and Mr. KEN- MATSUI, Mr. STARK, Mr. MCNULTY, Mr. and severally referred, as follows: NEDY of Minnesota. DOGGETT, and Mr. BECERRA. H.R. 527: Mr. WILSON of South Carolina. H.R. 3597: Mrs. CLAYTON. By Mr. GEKAS: H.R. 658: Mr. SCHAFFER and Mr. MCHUGH. H.R. 3598: Mr. BARTLETT of Maryland. H.R. 3687. A bill to amend the Internal Rev- H.R. 902: Mr. TERRY. H.R. 3624: Mr. HAYWORTH, Mr. BACHUS, Mr. enue Code of 1986 to exclude unemployment H.R. 950: Mr. WAMP. ENGEL, Mr. KINGSTON, Mr. GRAHAM, Ms. ROS- compensation from gross income; to the H.R. 952: Mr. HORN and Mr. PUTNAM. LEHTINEN, Mr. DOOLITTLE, Mr. OTTER, Mr. Committee on Ways and Means. H.R. 968: Mr. BARR of Georgia and Mr. FLAKE, Mr. REHBERG, Mr. DIAZ-BALART, Ms. By Mr. LANGEVIN (for himself, Ms. WEXLER. PRYCE of Ohio, Mr. WELDON of Florida, Mr. CARSON of Indiana, Ms. MCKINNEY, H.R. 1090: Mr. LEACH, Mr. HASTINGS of Flor- CULBERSON, Mr. SIMMONS, Mr. JOHNSON of Il- Mr. SKELTON, Mr. UDALL of New Mex- SHOO ONDA OYNE linois, Mr. GOODE, and Mr. JONES of North ico, Mr. NADLER, Mr. CLAY, Mr. ida, Ms. E , Mr. H , Mr. C , and Carolina. PHELPS, Mr. BOUCHER, Mr. CLEMENT, Mrs. DAVIS of California. Mr. DAVIS of Illinois, Mr. ETHERIDGE, H.R. 1111: Mr. PASCRELL, Ms. WATERS, Ms. H.R. 3639: Mrs. CHRISTENSEN and Ms. Mr. FROST, Mr. ENGLISH, and Mr. BERKLEY, Ms. JACKSON-LEE of Texas, Ms. MCCARTHY of Missouri. SANDLIN): VELAQUEZ, Mr. BAIRD, and Mr. JACKSON of Il- H.R. 3661: Mr. HALL of Ohio. H.R. 3688. A bill to direct the Secretary of linois. H.R. 3670: Mr. GONZALEZ, Mr. KILDEE, Mr. Education to establish a competitive dem- H.R. 1116: Mr. ROTHMAN. WEINER, Ms. PELOSI, Mrs. MCCARTHY of New onstration grant program to provide funds H.R. 1262: Ms. BALDWIN. York, and Mr. CARDIN. for local educational agencies to experiment H.R. 1268: Mrs. THURMAN. H.J. Res. 6: Mrs. KELLY. with ways to alleviate the substitute teacher H.R. 1294: Mr. JONES of North Carolina H. Con Res. 266: Mr. PLATTS, Mr. FROST, shortage, and for other purposes; to the Com- H.R. 1434: Mr. KILDEE and Mr. BARCIA. Mr. WALSH, Mr. TOWNS, Mr. CUNNINGHAM, Mr. mittee on Education and the Workforce. H.R. 1556: Mr. MARKEY. PAYNE, Mr. WILSON of South Carolina, Ms. By Mr. NADLER: H.R. 1622: Mr. FORD. BROWN of Florida, Mr. GREEN of Texas, Mrs. H.R. 3689. A bill to repeal the per-State H.R. 1624: Mr. ISRAEL, Mr. WILSON of South THURMAN, Ms. MCKINNEY, Mr. ENGLISH, Mr. limitation applicable to grants made by the Carolina, and Ms. HARMAN. GEKAS, and Mr. KENNEDY of Minnesota.

VerDate 11-MAY-2000 04:16 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\L06FE7.000 pfrm01 PsN: H06PT1 H202 CONGRESSIONAL RECORD — HOUSE February 6, 2002 H. Con. Res. 296: Mr. KERNS. H. Res. 339: Mrs. TAUSCHER, Mr. LANTOS, DELETIONS OF SPONSORS FROM H. Con. Res. 312: Mr. BAKER. Ms. KAPTUR, Mr. HASTINGS of Florida, Ms. PUBLIC BILLS AND RESOLUTIONS LEE, Mr. SCHAFFER, Mr. HORN, Mr. PAYNE, H. Con. Res. 313: Ms. ROS-LEHTINEN and Mr. Under clause 7 of rule XII, sponsors DEUTSCH. Mr. WELDON of Pennsylvania, Mr. ROHR- ABACHER, Mr. GILMAN, Mr. SHERMAN, Mr. were deleted from public bills and reso- H. Res. 225: Mr. GORDON, Mr. FATTAH, Mr DEUTSCH, Mr. DAVIS of Florida, and Mr. lutions as follows: CLAY, Mrs. THURMAN, Mr. ROSS, Ms. NORTON, Mr. WAMP, and Mr. CONYERS. CROWLEY. H.R. 3252: Mr. HILLIARD.

VerDate 11-MAY-2000 04:16 Feb 07, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.032 pfrm01 PsN: H06PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, FEBRUARY 6, 2002 No. 8 Senate The Senate met at 10:30 a.m. and was APPOINTMENT OF ACTING had military chaplains come in. They called to order by the Honorable JACK PRESIDENT PRO TEMPORE have been very impressive. Yesterday, REED, a Senator from the State of The PRESIDING OFFICER. The we had the Coast Guard Chaplain, Rhode Island. clerk will please read a communication today the Navy Chaplain, and the day The PRESIDING OFFICER. The to the Senate from the President pro before the Army Chaplain. I have been very impressed with their stature and prayer will be offered today by CAPT tempore (Mr. BYRD). Alan N. Keiran, Executive Assistant to The assistant legislative clerk read their message. I am sure this means a great deal to the Chief of Chaplains, U.S. Navy. the following letter: the Presiding Officer, who is a graduate U.S. SENATE, PRAYER of the Military Academy at West PRESIDENT PRO TEMPORE, Point. It is good that it reminds us on The guest Chaplain offered the fol- Washington, DC, February 6, 2002. lowing prayer: To the Senate: occasion of the importance of these Good morning. Will you pray with Under the provisions of rule I, paragraph 3, men and women in uniform, and also me, please. of the Standing Rules of the Senate, I hereby the fact that they are constantly aware Almighty God, Gracious Father, Sov- appoint the Honorable JACK REED, a Senator of the need for spiritual guidance. from the State of Rhode Island, to perform I think their being here the last few ereign of this great Nation, Lord of cre- the duties of the Chair. days has certainly indicated that to ation and Lord of our lives, we stand in ROBERT C. BYRD, anyone watching these proceedings. awe of Your holiness and mercy. In President pro tempore. f faith and thanksgiving we pray for Mr. REED thereupon assumed the Your continuing wisdom and grace as chair as Acting President pro tempore. SCHEDULE we seek to do Your will. Bless us with Mr. REID. Mr. President, as the f peace that passes understanding and Chair announced, we will be in a period strength to sustain us in challenging RESERVATION OF LEADER TIME of morning business until 11:30, at times. The ACTING PRESIDENT pro tem- which time we will have a cloture vote. O God, for every Member of this au- pore. Under the previous order, leader- At that time, we will vote on the eco- gust body, their staffs and families, we ship time is reserved. nomic recovery act. If cloture is not in- pray Your vibrant presence would em- voked, the Senate will immediately power and uphold them in joyous times f vote on cloture on the Grassley amend- and sad times. As the Psalmist tells us, MORNING BUSINESS ment. Additional rollcall votes, of ‘‘those who seek the Lord lack no good course, are possible throughout the thing.’’ May we as a nation be those The ACTING PRESIDENT pro tem- pore. Under the previous order, there day. who daily seek Your face and honor Following the cloture votes, if clo- will now be a period for the transaction You through our lives. ture is not invoked, I have been di- of morning business not to extend be- Lord, as a lover of righteousness and rected by the majority leader to inform justice, sustain us in Your unfailing yond the hour of 11:30 a.m., with the everyone that he is going to ask unani- love. Protect our forces on land, at sea, time equally divided between the two mous consent that we move forward and in the air. Comfort and console leaders or their designees and with today on the additional 13 weeks of un- those whose loved ones are deployed Senators permitted to speak for up to employment insurance, something we around the world. Eternal Father, 10 minutes each. have been trying to do for months now. strong to save, to You we ever lift our f We asked for that in the closing hours praise. In Your strong name we pray. RECOGNITION OF THE ACTING of the last session of the Senate before Amen. MAJORITY LEADER the Christmas recess. That was not ac- cepted by the minority. I hope they f The ACTING PRESIDENT pro tem- will follow the example of the majority pore. The Senator from Nevada is rec- leader and not strip everything out of PLEDGE OF ALLEGIANCE ognized. his economic stimulus package, and The Honorable JACK REED led the f certainly let us not leave out of consid- eration these people who are so des- Pledge of Allegiance, as follows: GUEST CHAPLAINS I pledge allegiance to the Flag of the perately in need of these additional United States of America, and to the Repub- Mr. REID. Mr. President, the Chap- weeks. lic for which it stands, one nation under God, lain, Reverend Ogilvie, has been out of During the first Bush administration, indivisible, with liberty and justice for all. the city for all of this week, and he has we extended unemployment benefits on

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

S383

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VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S384 CONGRESSIONAL RECORD — SENATE February 6, 2002 five separate occasions because of eco- This is a serious problem and a catas- cut provisions that stimulate economic nomic downturns. We have done that trophe. growth, such as the research and devel- routinely in the past. It should not The R&D development tax credit is one of opment tax credit. have taken this long. There are a sig- the most effective mechanisms to encourage Mr. President, I yield the remainder nificant number of people whose unem- innovation, increase business investment, of my time to the Senator from Texas. ployment benefits have expired. We and keep the economy growing. The ACTING PRESIDENT pro tem- have a number of people who won’t be Again, that is the majority leader pore. The Senator from Texas is recog- able to collect unemployment benefits. speaking on January 4 of this year. nized. It is really too bad that people have I am extremely disappointed that we Mr. GRAMM. Mr. President, if the fallen through the cracks who have will not have an opportunity to bring Senator will yield for a moment—I gone from welfare to work and who do this amendment up for discussion. think this is the order in which we ap- not meet the requirements statutorily. Just to again point out how impor- peared on the floor—so we can all make They certainly should be included, and tant this amendment is to the eco- plans, I ask unanimous consent that I hope some consideration will be given nomic recovery of this country to re- when the Senator from Texas finishes, them also. store economic prosperity, I would like I be recognized for 5 minutes, and then Again, the majority leader will, after to show you a one-half-page ad from the Senator from Georgia be recognized the cloture votes, ask unanimous con- the Wall Street Journal. for 5 minutes. sent that there be 13 additional weeks Mr. President, I show you an ad that The ACTING PRESIDENT pro tem- of unemployment insurance extended was put in the Wall Street Journal pore. Is there objection? to those people who so desperately from Ontario, Canada. It points out: Mr. GRAMM. And that following need it. ‘‘The Future’s Right Here’’ in Ontario, that, the Senator from Missouri be rec- The ACTING PRESIDENT pro tem- Canada. ognized for 5 minutes. I think that cov- pore. The Senator from Colorado. They say: ers everybody present. Mr. ALLARD. Mr. President, I under- With pharmaceutical R&D spending up 300 The ACTING PRESIDENT pro tem- stand that I have 5 minutes. percent in the past decade, Ontario is prov- pore. Is there objection? Mr. GRAMM. I was just setting up a The ACTING PRESIDENT pro tem- ing to be an excellent locale for life sciences. procedure where we can all speak. pore. The Senator may take up to 10 The reason they are saying that is The ACTING PRESIDENT pro tem- minutes under the order. because they have a research and de- pore. Without objection, it is so or- velopment tax credit of which compa- f dered. nies can take advantage. The Senator from Texas. EXTENSION OF THE RESEARCH They go on further to say: ‘‘Protec- AND DEVELOPMENT TAX CREDIT tion of intellectual property rights and f Mr. ALLARD. Mr. President, I am R&D tax credits, [which are] among NEED FOR A STIMULUS PACKAGE here this morning to express my dis- the most generous in the industrialized Mrs. HUTCHISON. Mr. President, so appointment that I am not going to world, are a couple of key contributing many of us wanted a stimulus package. have an opportunity to call for the factors’’ and why it is so important to The President asked for a stimulus yeas and nays on the permanent exten- do business in Ontario. package. We see the stock market con- sion of the research and development We are missing the boat. We need to tinuing to go up and down, up and tax credit. It has to be one of the most do more to encourage economic re- down. It certainly has not stabilized important provisions and amendments search and development in this coun- yet. We wanted to try to stimulate in- that will be made to the stimulus pack- try. It is key to restoring economic vestment to try to make sure we would age. prosperity. have an economy that would be able to I again am disappointed that stim- Again, I cannot emphasize enough remain strong as we are prosecuting a ulus package is not going to move for- how very disappointed I am that I am war for the very freedom of future gen- ward out of the Senate. Many of us not going to have an opportunity, erations in our country. But what we have worked hard. We think it is time along with Senator HATCH, who has had before us was not a stimulus pack- for us to have a stimulus package. The worked very hard on this particular age. It was the end of a compromise economy needs to have that happen. amendment over the years, to get it without the compromise part. I want to refer to some charts and to passed on a permanent basis. There was no tax cut. There was no what some very key individuals are In addition to what I have shown help for people who pay taxes. There saying about the R&D tax credit being here, we have looked up studies that was no stimulation for businesses that extended on a permanent basis. Right say the permanent extension may, in would invest in plant and equipment. now, it is not extended on a permanent some cases, by 2010, increase domestic And that is what we need to make sure basis. I think the National Association economic growth by $58 billion. we have those manufacturing jobs. of Manufacturers is trying to address We have the tax credit available for What I had hoped to do—and I had al- the question. I think they have said it incremental research and activities in ready filed the amendment—was to very succinctly. They ask: Why worry? both the United States and Puerto make permanent some of the tax cuts They say: because the R&D tax credit Rico where 75 percent of research and that are temporary over the next 10 expires in 2 years and major R&D development tax credit dollars go to years. I wanted to make permanent the projects take an average of 5 to 10 salaries and wages of employees associ- marriage penalty relief that is in the years to complete. ated therewith. These are high-paying tax bill that Congress has already If we don’t get this passed now and American jobs, and high-paying Amer- passed and the President has signed move forward, that is going to be an- ican jobs pay taxes. It is taxes that go but which could teeter in the next few other reason our economy will not to the Federal Government and help us years if we have a change in Congress. move forward. I am very concerned balance our budget at the Federal Why should anyone have to pay a about that. level. penalty because they get married? Why The Democrats in the Senate also So it is important. I am disappointed should they pay a different rate in a recognize the importance of the R&D that not only my amendment but other higher tax bracket when they get mar- tax credit. I looked at what the major- amendments that would lead to eco- ried as opposed to when they were sin- ity leader said in January of 2002. He nomic growth in this country are not gle? said: going to have an opportunity to be We are trying to correct the mar- We should act to make the research and brought up. I cannot emphasize enough riage penalty. Making marriage pen- development tax credit permanent; the soon- how very disappointed I am that this alty relief permanent so people can er the better. has been stalled because of action on count on it would be a stimulus. The action we are getting from the the other side, even after we have had Repeal of the death tax is one of the Senate today doesn’t show any interest such positive statements made on Jan- most important things Congress has at all in moving forward in keeping up uary 4 of this year as to how we need to done. Congress has finally acknowl- with the ‘‘sooner the better’’ pledge. move forward with some of these tax edged money that has been taxed when

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S385 it was earned, taxed when it was in- that family farm. It would take away be permanent so you can invest and vested, should not then be taxed when the opportunity to give small business save and work harder knowing it. it is passed to future generations. What a boost by giving them a writeoff of The second proposal we had was cut- the death tax does is keep family- $40,000 over a 2-year period for capital ting the capital gains tax rate. I am owned farms and ranches and small investment. not sure that is politically correct in businesses from being passed to mem- I urge the majority leader to recon- an era where the first thing we debate bers of the family. Fifty percent of the sider. Let’s work with the President. is, would anybody who has any money, family-owned businesses in this coun- Let’s work with the Democrats and Re- make any money. But cutting the cap- try do not make it to the second gen- publicans in Congress. Let’s have a ital gains tax rate in the entire 20th eration; 80 percent do not make it to stimulus package that really stimu- century never failed to put money in the third generation. Who benefits lates. the Treasury, never failed to stimulate from that? Certainly not the members Mr. President, I yield the floor. the economy. And based on that experi- of a family who have worked to create The ACTING PRESIDENT pro tem- ence, we were proposing that we cut a business to give their children a pore. The Senator from Texas. the top bracket from 20 percent to 15 chance. f and the bottom bracket from 15 to 7.5 What about the employees who work REDUCING TAXES percent. for that family business. When it That simple proposal would have changes hands, their livelihoods then Mr. GRAMM. Mr. President, back in raised Federal revenues in the next 2 are at stake. So who is it good for? It January of last year, Senator ZELL years—no one debates that—and would does not even help the Federal Govern- MILLER of Georgia and I started work- have provided a very strong stimulus ment because the income is minuscule ing together in support of the Presi- to the economy. It appears we are not and would be totally overcoming to a dent’s tax cut. Obviously, I am awfully going to have an opportunity to offer it thriving business with jobs that are happy and awfully proud that we suc- because the debate is going to be stable that can contribute to our econ- ceeded. ended. We thought it was important omy. Taxes are being reduced for working that there be a vote on a real stimulus So we wanted to make repeal of the Americans. The marriage penalty, package. We have debated a stimulus death tax permanent. We wanted to which my dear colleague from Texas package, but no one has really pro- make repeal of the marriage penalty just talked about, is being eliminated. posed one. permanent. That was what we were The death tax is being phased out. The President, very much to his cred- trying to do to this bill. But now the Rates are being reduced for every it, thought, in light of September 11, bill is going to be pulled from the floor American. The net result is that work- that we had enough bipartisanship that before we can offer these amendments. ing people are getting the opportunity he could take half of the ideas the I do not think that is sound econom- to keep more of what they earn. Democrats had, take some ideas Re- ics. I do not think that is good for our I think that was the right policy. It publicans had, make a proposal, and it country, and it certainly is not going was supported on a bipartisan basis. It would be adopted on a bipartisan basis. to stabilize our economy. got a strong vote in both Houses of That turned out not to be the case. But So when you talk about people being Congress, but because of a technicality if you wanted a real stimulus package disappointed, I think all of us are dis- in the Budget Act, we have this incred- that would stimulate and that would appointed that we are not going to ible anomaly that 10 years from now make money for the Government at have a chance to offer our amend- all of that tax cut goes away. the same time, our proposal—making ments. We had all day yesterday to Nothing could be more destabilizing the tax cut permanent and cutting the offer our amendments, but we were than having a tax system which is not capital gains tax rate—is that pro- held from offering the amendments and permanent. Nothing could have a posal. having votes. That is just not right. greater impact on the economy that I am proud of it. I wish we had had an We adopted an amendment offered by would happen 10 years in the future, opportunity to vote on it. I don’t be- my fellow Senator from Missouri, Mr. that you could know about today, than lieve it would have been adopted. But if BOND, that would have helped small having the specter of a massive tax in- we are going to debate stimulus, we businesses. It would have been a huge crease occur automatically. ought to have a vote on something that help. It would have given them a $40,000 Congress never intended that. It was will stimulate. If you are trying to writeoff for investment in equipment. a technicality in the budget that forced produce an economic response, you For small business that is huge. Other- it. So when the debate started to occur want something that is going to wise, they would have had to depre- about how do we deal with the reces- produce it. We had it, and I am very ciate it. Instead, they would have a sion, how do we stimulate the econ- proud to have had an opportunity to writeoff that would have encouraged omy, Senator MILLER and I got back work on this with Senator MILLER. small businesses to make those capital together and tried to come up with a I yield the floor. investments that create jobs in Amer- simple program that did not cost The ACTING PRESIDENT pro tem- ica. money during the recession and drive pore. The Senator from Georgia. So we are missing a major oppor- up the deficit but yet stimulated the tunity. I will call on Senator DASCHLE economy dramatically, in the process f to reconsider, after the cloture vote— putting people back to work and put- which, hopefully, will fail because we ting money back in the Treasury. have not been able to offer our amend- We concluded there were two simple ORDER OF PROCEDURE ments yet. We do not want to pass the things we could do that would achieve Mr. MILLER. Mr. President, I ask bill that is before us because there is both those goals: put people back to unanimous consent that in the se- no stimulation in it. I ask the majority work, have them paying taxes into the quence of speakers already established, leader to reconsider because we would Treasury, and at the same time would Senator CLINTON be recognized fol- like to have a stimulus package that not cost the Federal Government much lowing Senator BOND. makes permanent the marriage penalty money. The PRESIDING OFFICER (Mr. CAR- relief, that makes permanent the death We concluded that the strongest PER). Without objection, it is so or- tax repeal so businesses and family stimulus package that could be adopt- dered. farms can be passed through the gen- ed that would meet those goals was to Mr. REID. Mr. President, if the Sen- erations without being taxed by the make the tax cut permanent by repeal- ator will yield, I ask that his unani- Federal Government and made to sell ing the sunset provisions in the Tax mous consent request be amended to assets at bargain basement prices and Code so that when we eliminate the allow Senator CARPER to speak fol- take away jobs from people who work marriage penalty, it is forever, and lowing Senator CLINTON. on those farms and take away the abil- people know it. When we eliminate the The PRESIDING OFFICER. Without ity of the children in a family to con- death tax, it is gone, and people can objection, it is so ordered. tinue to make their livelihoods from plan on it. These new rates are going to The Senator from Georgia.

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S386 CONGRESSIONAL RECORD — SENATE February 6, 2002 PARTISAN POLITICS again later. That is playing games with same manner as if such services were Mr. MILLER. Mr. President, I hear our taxpayers. We should never do performed in a combat zone. today we are about to have a funeral, that. Eliminate the uncertainty of this As we fight the global reach of the that the stimulus bill is on life sup- tax cut and you will stimulate our terrorist networks, we are asking our port, and that the plug will be pulled economy. How can anyone make any men and women in uniform to perform sometime today. The cause of death? long-range plans for a business or for a at the very highest levels and at an un- Partisan politics. It is a shame, al- family with a here-today, maybe-gone- precedented operational tempo. This though perhaps the money can now be tomorrow tax cut, a tax cut that has a amendment I filed would allow the men applied to the deficit, which has con- perishable date on it like a quart of and women who served within the hos- cerned some of us, and we will be closer milk? tile fire zone in Somalia to file for the to a balanced budget. The fastest way to show taxpayers we same tax breaks afforded to military The soon-to-be-deceased could have are serious about tax relief—the only forces who serve in a combat zone. been saved. We had a reasonable com- way, really—is to make the tax cut Anybody who has seen the movie promise right before we adjourned for permanent. The fastest way to prompt ‘‘Blackhawk Down,’’ based on the real Christmas. The President supported it. businesses to expand and to invest is to world conflict in Somalia, will under- Some Democrats, including this one, cut the capital gains rate from 20 to 15 stand that our forces who served in supported it. It had a majority of the percent. We are not in a slump just be- that conflict were in a combat zone. votes in the Senate. Right now, if it cause consumer sales are down. We are The Pentagon criterion for hostile had passed, it could have already been in a slump because venture capital fell fire pay requires the duty is ‘‘event signed, the rebates could be being pre- 74 percent in the past year. Capital based, payable to members certified pared, a reasonable health care benefit spending by businesses is at its lowest that have been subject to a hostile could have been a reality—such prom- in decades. fire. . . .’’ Former SSG Kenneth Chatman, from ise. Who was it who wrote that the sad- As Senator GRAMM said, every time Oran, MO, served the Army for 16 years dest words of word or pen are that it we have cut the capital gains rate— as an avionics electronics repair tech- might have been—something like that? every time—tax revenues have risen, This week we could have made the not fallen, and asset values have al- nician. He served in Somalia from Au- tax cut permanent. We could have ways shot up. gust of 1993 to January of 1994 with the added a capital gains tax cut. That is Today a capital gains tax cut would 101st Airborne Division, air assault. The only tax exemption soldiers in So- what Senator GRAMM and I have advo- bring even better results because to- cated for some time. day’s stock market is no longer the malia got was when they transited to No one ever stated so well how pow- playground of the rich. Almost half of some other zone. In his case, he flew erful an effect a cut in the capital all Americans now own stock, and al- over Egypt and got a tax-free month. gains tax could have on the economy as most a third—one out of three—who That is unjust. I believe anybody who a Democrat, President John F. Ken- earn less than $30,000 a year own stock. appreciates the battle that our mili- nedy. I quote: Aren’t those the people whom we tary are taking on against terrorism will understand that the sacrifices The tax on capital gains directly affects in- Democrats say we want to help? The vestment decisions . . . the mobility and American middle class has become, for made by our forces require that we give flow of risk capital from static to more dy- the first time in our history, the Amer- these brave men and women the same namic situations . . . the ease or difficulty ican investment class. tax breaks that others under direct fire experienced by new ventures in obtaining So as I eulogize this soon-to-be-de- receive. capital . . . and thereby the strength and po- ceased, I think of the bruised and bat- The second amendment I have is tential for growth of the economy. tered Marlon Brando’s ‘‘On The Water- truly a stimulus measure. It is de- That was Jack Kennedy, not the front’’—what could have been. We signed to increase the amount of ven- Washington Times or the Wall Street could have had a contender. ture capital available to small busi- Journal or Lawrence Kudlow or PHIL The PRESIDING OFFICER (Mr. ness. The Small Business Administra- GRAMM or Bob Novak. That was John CORZINE). The Senator from Missouri. tion Small Business Investment Com- Kennedy, a Democrat. f pany Program—the SBIC Program— Over the years, he was not the only has a significant role in providing ven- member of my party who advocated CONTINUING WORK ON THE ture capital to small businesses seek- cutting the capital gains tax as a good STIMULUS PACKAGE ing investments in the range of $500,000 way to stimulate the economy. Senator Mr. BOND. Mr. President, I thank my to $3 million. Patrick Moynihan, that wise and bril- colleagues from Georgia and from Small Business Investment Compa- liant former Member of this body, con- Texas for presenting some very cogent nies are Government-licensed, Govern- sistently advocated it over the years. arguments as to why we need to keep ment-regulated, privately managed, What history shows is that, once working on this stimulus bill. I am dis- venture capital firms created to invest upon a time, Democrats were tax cut- appointed by the sounds I am hearing only in original debt or equity securi- ters. I wish I could bring that time that it is going to be pulled. We need ties of U.S. small businesses that meet back. I rise today to strongly advocate stimulus in this economy, and we have size standards set by law. making the tax cut we passed last year already adopted an amendment that I In the current economic environ- permanent and to cut the capital gains proposed, on an overwhelmingly bipar- ment, the SBIC Program represents an tax rate. tisan vote, to allow small businesses to increasingly important source of cap- Unfortunately, the tax cut we passed write off immediately their invest- ital for small enterprises—small enter- last year, although it was a great tax ments. prises that are struggling to get back cut, was compromised on its way to As I have said, I have two more on their feet, to grow now in the face of final passage. What started out as a amendments, frankly, in addition, that this economic recession we have been broad, immediate, and permanent tax are pending at the desk that I think in for well over a year. They need to cut became one where some of the tax my colleagues, if given an opportunity have funding. While debenture SBICs relief is delayed by several years. Then to vote on them, would vote for over- qualify for SBA-guaranteed borrowed to add insult to injury, the whole thing whelmingly. capital, the Government guarantee is to be repealed in 2010. First is a measure that addresses the forces a number of potential inves- We do something that, to my knowl- tax benefits for the armed services tors—namely, pension funds—to avoid edge, Congress never had the gall to do members who served in the operations investing in SBICs because they would before on a broad basis. We sunset indi- in Somalia. I don’t think there would be subject to tax liability for unrelated vidual tax cuts. We have done that sev- be many on this floor who would not business tax income—UBTI. Thus, they eral times with business tax revisions. vote for it if they had a chance. It pro- don’t put their money in it. As a result, But to individuals, to families, we have vides that those who served during 60 percent of the private capital poten- never done it where we gave them their peacekeeping efforts in Somalia should tially available to invest for these money back and then took it away receive the same tax benefits in the SBICs to create jobs, put men and

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S387 women to work, create wealth in the tional or international setting we I hope the Olympic Committee will community, is ‘‘off limits.’’ choose. change this very ill-thought-out, ill-ad- My amendment would correct that To those who say that the carrying of vised, and insulting decision before problem by excluding Government- this flag would set some kind of im- Friday. But until then, I hope my col- guaranteed capital borrowed by deben- proper precedent, I say this is an equal- leagues will join me in expressing not ture SBICs from debt for purposes of ly absurd argument. First of all, the only our concern but our outrage at the UBTI rules. attacks on our country on September what seems to be a demeaning decision When we are looking at the need to 11 were themselves unprecedented, and meant to undermine what this flag rep- diversify pension funds, this gives there is every reason for us to mark resents and in some clear way to un- those who hold pension funds who seek the tragic events of that day by having dermine the heroic efforts of the fire- retirement security an opportunity to our athletes hold the flag from the fighters who found it and hoisted it. I use Government-guaranteed funds for World Trade Center aloft during the hope this decision will be changed. investment in small businesses in a opening ceremonies of the Olympics. Thank you, Mr. President. professionally managed small business Second, should the unthinkable occur The PRESIDING OFFICER. The Sen- investment company the opportunity and any similar tragedy strike this or ator from Delaware. to put their retirement funds to work any other nation in the years ahead, I f and create jobs in their community, cannot imagine any serious objection ECONOMIC STIMULUS create growth and opportunity for men being raised if any nation wanted to Mr. CARPER. Mr. President, earlier and women who need those jobs now. carry its own flag, like this flag, in a this morning—in fact, just a few min- I hope and expect, once again, that if future Olympic event. The world was utes ago—our colleague from Georgia, this targeted small business stimulus shocked by the attacks of September Senator MILLER, spoke quite elo- incentive were put up on this floor for 11. quently about a patient on life support a vote, it would be overwhelmingly Freedom-loving people everywhere and said the life support was about to adopted and we would see jobs and are united with us in our determina- tion to fight back against terrorism. be withdrawn. growth of small business. The patient in his comments was the While the terrorists may have de- I urge the leader, the Senator from economic stimulus package we have stroyed buildings and ended lives, they South Dakota, to give us an oppor- been trying to negotiate since October. tunity to continue to work on this very did not destroy the values we share, I like his analogy, but I think he may important package, which has some and those values define our Nation and not have picked the right patient. good things in it and, if we had the find expression in the stars and stripes The patient we have been trying to chance to work on it, would have more of our flag. bring back to health is not a stimulus good things in it. I believe the carrying of this flag package. The patient that has been in I yield the floor. that terrorists could not destroy is the hospital bed has been the economy. The PRESIDING OFFICER. The Sen- fully in keeping not only with the spir- We have had a sick economy, and we ator from New York is recognized. it of America but with the spirit of the have been working to try to figure out f Olympics. how we might ensure the full, com- According to the International Olym- A ‘‘SPECIAL’’ AMERICAN FLAG plete, and healthy recovery of that pic Committee, the Olympic movement economy. Mrs. CLINTON. Mr. President, I rise is meant ‘‘to contribute to building a Today, we pull the plug, if you will, today to express my deep and profound peaceful and better world,’’ and the from that recovering economy. We pull opposition to a decision by the Inter- Olympic spirit is built on ‘‘mutual un- the plug on hope for a stimulus pack- national Olympic Committee to ban derstanding with a spirit of friendship, age. It is not going to happen. I do not the carrying of a special American flag solidarity, and fair play.’’ think we ought to spend our time during the opening ceremonies of the I believe the carrying of this World today, tomorrow, or this week casting 2002 Olympics in Salt Lake City. Trade Center American flag does help aspersions—Democrats on Republicans This flag is very special. It was found contribute to building a peaceful and or vice versa. There has been a lot of in the rubble of the World Trade Center better world, especially because those good will and a lot of effort exerted in after the attacks on September 11. It is who attempted to destroy our way of October, November, December, Janu- a powerful, moving, visual reminder of life and who did destroy buildings tried ary, and even earlier this month by America’s strength, endurance, and to accomplish the exact opposite goal. both sides, people of good will trying to freedom. They were not trying to contribute to figure out how we infuse capital invest- In fact, I believe this flag carries a better and peaceful world but just the ments, how we reach out to those who with it a profound parallel with the opposite. lost their health care, how we reach original Star-Spangled Banner—the This flag, in a sense, for the entire out to those who are losing unemploy- historic flag that flew over Fort world portrays that ‘‘spirit of friend- ment benefits, how we help States that McHenry in the War of 1812, and in the ship, solidarity, and fair play’’ that un- are struggling financially right now. battle of 1814 it survived 25 hours of derscores the Olympic spirit. There is an old saying which I think bombardment and inspired the creation Mr. President, today I am writing to everybody has used once or twice: The of our national anthem. the International Olympic Committee first rule is do no harm. By essentially Now, to those who say that the car- to urge them to reverse their decision walking away from this debate today, rying of this particular flag by Amer- regarding the carrying of this Amer- we will have done no harm. Had we ican athletes marching into the sta- ican flag during the opening cere- been able to act in October, November, dium would be a ‘‘political statement,’’ monies of the Olympics. I ask my col- or December with a reasonable package I say this is a ridiculous argument on leagues for their support and their sig- that was consistent with the three its face. The American flag from the natures on this letter. principles we talked about for the last World Trade Center is the American We are the host Nation for the Olym- 4 or 5 months—a stimulus should be flag, just as surely as the flag that pics. Our athletes and the American temporary, it should be truly stimula- flanks our Presiding Officer, as the flag people they represent want this flag tive, and it should not exacerbate the that has flown in many classrooms, in carried by them on Friday, and I do not deficit over the long haul—if we could front of many homes, and at the top of believe the International Olympic have come to agreement on that and this great Capitol dome. It is not a Committee should stand in the way of presented a package for the President’s symbol of politics. It is the representa- this fitting and patriotic act, nor signature, that would have been fine. tion of our Nation, and it does what so should they have any role in telling us We just could not do that. many of us believe needs to be done which particular American flag we can Now we face a time when the Federal right now: It demonstrates clearly our carry in the Olympics staged in our Reserve has launched the most aggres- resilience and our persistence in the country just a few months after the sive monetary policy, ratcheting down face of terrorism. We should have the terrible and tragic attacks of Sep- interest rates for the last year, infus- right to carry this flag in whatever na- tember 11. ing extra money in our money supply,

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S388 CONGRESSIONAL RECORD — SENATE February 6, 2002 a drop in energy prices that fueled eco- ple who worked very hard to try to get Senator BREAUX, and others worked on. nomic recovery and shortened the re- us to a consensus. The bipartisan package that I believe cession, and we have been doing a lot of We could not get there. It is not the we have a majority vote for in the Sen- deficit spending. end of the economic recovery. I think ate, we are not going to even have an Those three factors, rather than we are just beginning that economic up-or-down vote on. We get a cloture harm, have done great good. Because of recovery, and I am encouraged that it vote on it. If we enact cloture on the those three factors, as we disconnect will continue and we will have done no Daschle bill, we do not even get a vote. from the patient, if you will, this hope harm. That bill is nongermane. It falls. of a stimulus package—the economy The PRESIDING OFFICER. The Sen- We did not get to have votes yester- itself—the patient is going to get well. ator from Oklahoma. day. This side was ready to have votes. The patient is going to check out of f I made the commitment I would help the hospital and go on to live, hope- finish the bill yesterday, certainly by WORLD TRADE CENTER FLAG AT fully, a reasonably long, healthy life today, trying to limit amendments, THE OLYMPICS until we have another economic down- trying to have votes on the amend- turn. Mr. NICKLES. Mr. President, first I ments. Let us pass the bill. Let us pass Meanwhile, as we turn our attention wish to compliment Senator CLINTON the bill and see how the votes come from the economic recovery and the from New York for her speech in criti- out, but no, we cannot do that. We do need for a stimulus package, I would cizing the International Olympic Com- not want to vote on the Kyl amend- have us keep this in mind: If by a mir- mittee for refusing to allow us to use ment. We do not want to have a vote acle we were able to pass a stimulus the damaged flag that flew in the re- on making a permanent death tax re- package today, before it would have ef- covery efforts at the World Trade Cen- peal. We do not want an up-or-down fect, a couple months are going to go ter. I find that decision very offensive. vote on the Grassley-Breaux-Collins by. It has taken almost 12 months for I am going to join her on that letter, amendment. We do not get to have the full force of the monetary policy, and I would encourage my colleagues that. So I say to my colleagues, if they the interest rate cuts of the Fed to to do so as well. really believe in the Senate tradition have their impact, but they are having f of allowing Senators to offer germane it today. PULLING THE STIMULUS PACKAGE amendments, in this case stimulative Now the Federal Reserve is reversing amendments, to vote no on the cloture course. Instead of cutting interest Mr. NICKLES. Mr. President, I am vote we will have in the next 15 or 20 rates when they met last week, they disappointed today that the majority minutes. I think it is an important decided not to further their cuts in in- leader has decided to pull down the vote. I hate to see us give up and not terest rates. Before long, they are stimulus package. We are going to have pass a stimulus bill. We have a chance going to be turning their attention not a cloture vote on the majority leader’s now to make a bill that is not stimula- to how we get the economy moving package. He calls it a stimulus pack- tive into a bill that really could create again but how do we dampen down in- age, but there is no stimulus in it. jobs. flationary expectations. There is a lot of spending. He says if he The economy is soft. It does need a Congress is real good at coming in does not get 60 votes, basically pre- little shot in the arm. The underlying when the recession is basically over venting any other amendments, he is bill, the Daschle bill, does not do it. and passing a package which, in the going to pull down the stimulus bill. In There are several proposals, several end, will probably be inflationary, and other words, he wants a spending pack- good amendments on which Senator what we really do not want to do is age, not a stimulus bill, and if we are GRAMM, Senator GRASSLEY, and others have the Federal Reserve working in a going to put stimulus amendments in have worked. I mentioned about a half few months on the other side of the do- it, no bill. dozen. If we could pass some or all of mestic monetary policy trying to I am looking at an amendment Sen- those, I think we would make the bill dampen inflationary expectations by ator KYL has pending to make the worthwhile, make it worth passing. raising interest rates at the same time death tax repeal permanent. That Not only would it do no harm, it would that a stimulus package from the Con- would make a real positive change to a do some good. It would help create gress, adopted late, begins to have an lot of businesses, a lot of agriculture. jobs. effect. We will be at cross-purposes, That is a positive amendment. It is More importantly, for the process of which we do not need. added as an amendment to one Senator the Senate, I urge my colleagues to I am encouraged, I am bullish on the BAUCUS had dealing with agricultural vote no on the Daschle cloture petition economy. I know people are suffering spending. in a few moments because individual today. I hope we can pass at least an I looked at almost all the Demo- Senators should be entitled to offer extension of short-term benefits for 13 cratic amendments, and they are al- those amendments. They should have weeks and help people. That will stim- most all spending: More money for ag- their day. They should have a chance. ulate the economy and, more impor- riculture, more money for Medicaid, Then they will send a bill that truly is tantly, it will help people who are suf- more money to increase the Federal stimulative to conference and hope- fering. payments share, more money for tem- fully we can get a bill on the Presi- Another action we can take—and I porary employees to the Federal pro- dent’s desk that would create jobs. hope we will—to promote a healthy re- gram—we have never done that in the Let me make it crystal clear; some covery for an extended period of time— past—new entitlement programs; no people said the Republicans are filibus- not a couple of months or a couple of stimulus. tering, but there is no way. No one can years—is as we go into these investiga- I am looking at the amendment Sen- say Republicans filibustered this bill. tions as to what led to the collapse of ator BOND offered on expensing. That We have legitimate amendments that Enron and what led to people losing passed overwhelmingly. That would would stimulate the economy. I urge their pensions, their 401(k)s, to do the help stimulate the economy. The accel- my colleagues to give us a chance to hard work, the long work, the steady erated depreciation that Senator GOR- offer those amendments, to pass a good work that is required to find out why DON SMITH offered would help encour- stimulus bill today, and to vote no on things went wrong at Enron, why so age people to make investments. The the Daschle cloture petition in a few many people got hurt, and how we can R&D tax credit Senator ALLARD was of- moments. ensure that does not happen again to a fering would help encourage people to I yield the floor. company, to its employees, to those make investments, particularly in re- f who invest in a company, and those search and development. Senator whose pensions are tied to a company. DOMENICI had a payroll tax holiday. We LEARNING FROM PAST MISTAKES We can do that. are not going to be able to vote on Mr. KOHL. Mr. President, to distort Today, as we walk away from this that. Most importantly, we are not Shakespeare’s words, I come to the economic recovery package, I just want going to get to vote on the substitute floor today to bury the stimulus pack- to say a word of thanks to a lot of peo- Senator GRASSLEY, Senator COLLINS, age, not to praise it. There has not

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S389 been much praiseworthy in the way nounced yesterday he is going to kill hope for is delay. That means delay for Congress has responded to the reces- this bill if he does not prevail on the the unemployed, delay for the stim- sion that started last March and inten- first cloture vote. Of course, we know if ulus, not helping those who are dis- sified after the attacks of 9–11. he did get cloture, many good amend- located because of September 11. Last fall, and even this month, there ments that have been offered to try to By contrast, the Democratic leader- were short term actions we could have improve Senator DASCHLE’s skeletal ship will not let us vote on the only taken that would have had immediate bill will fall. We will not be able to plan that has majority support in the and beneficial economic and humani- vote on them. All we have asked for all Senate. They are filibustering the only tarian results. We could have extended along on this side, and even some Mem- bipartisan stimulus plan and pre- unemployment benefits, as we have in bers on that side, is a vote on the bi- venting unemployment benefits from every recession, and as I still hope we partisan centrist-White House bill that reaching the workers who need them. will. We could have offered an imme- I have offered as an amendment, along That is what the second cloture vote is diate tax rebate to those lower income with Senator SNOWE. all about. The second cloture vote workers who did not receive a full re- In fact, that bill is a product of the guarantees an up-or-down vote on the bate from the first tax cut. We could work of people such as Senator SNOWE White House-centrist stimulus plan. A have used the Medicaid payment for- and Senator COLLINS, and Democrats vote for that plan is a vote for a bill mula to send financially strapped on this side of the aisle such as Sen- that the President will sign. He said he states struggling to provide health care ators NELSON, MILLER, and BREAUX. would sign it. for their residents an immediate infu- There is a long list of amendments. I If cloture is voted for, Senators are sion of cash. We could have offered a do not think I will go through the long saying with their vote they want to temporary acceleration of depreciation list of amendments that we will not send a bill to the President that he will to encourage reluctant businesses to have a chance to vote on, but I am sign in a New York minute. That invest now in the recovering economy. going to highlight a couple because I means these things will happen and We agreed on basic principles: help happen fast. Unemployed workers get now, and do no harm in the long run. think Senator NICKLES did a good job of highlighting those most important checks. For the first time, unemployed We agreed on the need. But we could workers get health care assistance. not agree to put aside our partisan amendments. Let me take a look at a couple that Payroll-tax payers get a rebate. In- agendas long enough to do what we all come-tax payers get a little more tax agreed was right. Instead of talking will be killed if Senator DASCHLE’s clo- ture motion is invoked. My friend, the relief in their paycheck. Businesses, about what we could do to help work- large and small, get stimulative accel- ers unemployed now, factories lying majority whip, who is with us, Senator REID, offered, along with Senator KYL, erated depreciation, which is going to idle now, we redebated tax cuts passed mean more jobs. So we have two clo- last spring and pushed tax breaks that so it is bipartisan, an amendment that is designed to help the travel industry. ture votes coming up very shortly. wouldn’t even take effect for 10 years. The first cloture vote is an effort by We were told during the debate that We should have focused on workers, in- the majority to block further amend- this tax credit was very important. If vestment, consumer confidence. In- ments to the bill, which will effectively it is that important, we ought to have stead we fought over estate taxes and kill the bill. I urge my colleagues to a chance to vote on it. tried to lay the blame for our inaction. oppose that cloture vote. The second As the recession winds down and the Guess what. If the Democratic lead- ership prevails on the first cloture mo- cloture vote is an effort by our side to war on terrorism continues, I sincerely force a vote on the bipartisan centrist tion, Senator REID’s amendment falls. I hope Congress will be able to rise above amendment that the majority leader guess I can only assume that since this the partisan bickering that doomed the has been furiously blocking to this amendment is so important for Nevada stimulus package. We will have many point. But we cannot get to this vote opportunities this year to act in a bi- and other States where there is a lot of unless the majority leader fails his partisan manner to make this Nation tourism, the majority leader would op- first vote. pose cloture. Surely he would not vote stronger, safer, and better. We will also Therefore, Mr. President, these votes to kill his own amendment. That is have many opportunities to wrap the come down to a choice between action what I would think. I am afraid I am flag around our pet proposals and fight now or endless delay. If we want action for political advantage. We should probably being optimistic or maybe now, Senators should vote for cloture commit today to learn from the mis- naive. on the White House-centrist agree- takes that have killed the stimulus Other Democrats have offered amend- ment. If Members want delay, vote for package—not to repeat them. ments, too. For those Senators, a vote The PRESIDING OFFICER. The Sen- cloture on the Daschle amendment. for cloture is a vote to kill their own How much leadership time remains? ator from Iowa. very important amendment. So I hope The PRESIDING OFFICER. Four Mr. GRASSLEY. Am I right the time these Democratic Senators are not tell- minutes. on this side has expired? ing their constituents they are for Mr. REID. How much time remains The PRESIDING OFFICER. The Sen- something and then turning around on the majority side? ator is correct. and voting to kill it by supporting this The PRESIDING OFFICER. Six min- Mr. GRASSLEY. How much time is cloture vote. utes. on the leader’s time? Let us take a look at Senator The PRESIDING OFFICER. Ten min- f ALLARD’s amendment, one that is so utes of leader time. important to have the United States A CLASSIC FILIBUSTER Mr. GRASSLEY. I have been in- competitive, particularly in manufac- Mr. REID. Mr. President, I will speak formed Senator COLLINS is on her way turing and information technology, the briefly about comments made by the over and would like a couple of min- R&D tax credit. If cloture is invoked, Senator from Oklahoma. He is my dear utes. So I will yield myself 8 minutes that amendment is dead as well. We friend, he is my counterpart, but I and then yield the remaining time to had 70 Senators vote for that amend- don’t know how he kept a straight Senator COLLINS. The PRESIDING OFFICER. Without ment on a previous tax bill, as an ex- face, saying: We are not filibustering objection, it is so ordered. ample. So make no mistake about it, if this bill. I am sure he went to his office Mr. GRASSLEY. So at the end of 8 the distinguished leader’s cloture mo- and started laughing. This is a classic minutes, please notify me. tion is supported, every one of these filibuster taking place on this bill—for The PRESIDING OFFICER. The amendments will be killed, as well as weeks and weeks and weeks. Chair will do so. the ones Senator NICKLES brought to Of course, amendments have been of- fered that we like. I heard Senator f our attention. If the distinguished leader prevails ALLARD talking about tax credits. We CENTRIST/WHITE HOUSE on his cloture motion, then we end up like tax credits. In fact, it is a shame COMPROMISE with another conference with the we did not extend those. I ask unani- Mr. GRASSLEY. Mr. President, the House and that could take weeks or mous consent the vote occur after we distinguished majority leader an- months to resolve. The best we can have used

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S390 CONGRESSIONAL RECORD — SENATE February 6, 2002 our time and the 4 minutes leadership leaders to ask them to call up legisla- ECONOMIC RECOVERY AND AS- time, so that the time of the vote will tion extending unemployment benefits SISTANCE FOR AMERICAN WORK- be changed. as soon as possible. I am pleased that ERS ACT OF 2002 The PRESIDING OFFICER. That is the assistant leader has indicated his Mr. DASCHLE. Mr. President, I will the parliamentary situation. intention to do just that. use my leader time in addition to the Mr. REID. Mr. President, there are a Unfortunately, we saw the hand- remaining Democratic time for my lot of amendments that we offered and writing on the wall, spelling the demise closing comments. the minority offered that are good of the broader economic recovery legis- Mr. President, the other day I came amendments. Being realistic, we spent lation which I believe is still very to the floor to talk briefly about our all day yesterday talking about the es- much needed. current circumstances. I will recount tate tax, making the repeal permanent, Regular unemployment benefits end one last time for the record in case which does not take place for 10 years. after 26 weeks in most States. When there is any question about how it is That is not very stimulative. We have times are good and businesses are hir- we got to this point this morning. I been told by the President and others ing, that is an adequate period of time will again briefly recount the events that to have stimulative efforts, it for most unemployed workers to either over the course of the last several must be short term and do nothing to find new jobs or to be rehired to their months. There were bipartisan Finance exacerbate the deficit. That simply old jobs. In fact, that usually happens Committee discussions as early as last does not apply in this instance. long before the 26 weeks have expired. September about an economic stimulus With all due respect to my friend, the package. There was a hope that we minority whip, this is a filibuster by However, when times are tough—and could come together, Republicans and the Republicans. Everyone knows it is. they are tough now—finding work is Democrats, on an economic stimulus Members can say it isn’t as many much more difficult and many unem- package as we did on airport security, times as they want, but it is still a fili- ployed workers exhaust their 26 weeks on counterterrorism, on the assistance buster. of regular unemployment compensa- Mr. GRASSLEY. Mr. President, I tion. provided to New York and to the De- yield myself 15 seconds. Congress needs to do what it has tra- fense Department in the wake of the Let me say why the Senator from Ne- ditionally done whenever our country tragedy of September 11. vada is wrong. Yesterday at about this has been plunged into a recession. That We reached out to experts who could time, morning business was imposed. is to temporarily extend the safety net give us guidance on what the principles We could have discussed the amend- by providing 13 additional weeks of un- ought to be for an economic stimulus ments and voted in the morning, and employment compensation. This pack- package. We had a number of conversa- then when we came back at 2:15 after age would do just that for up to an ad- tions with Alan Greenspan and Bob caucuses, there were opportunities to ditional 13 weeks for workers who lost Rubin, both, early in the months of vote. It was announced there would be their jobs after the economic downturn September and October. no more votes. If we are filibustering, began in March and who have ex- The bipartisan Budget Committee, I how come the other side would not let hausted their benefits prior to being re- think on a unanimous basis, issued us have time to vote on our amend- hired or finding new employment. some principles on October 4. Those principles were: If you are going to ments yesterday? Why piddle around More than 10,000 unemployed workers have a stimulus package, make sure it the whole day? in my home State of Maine exhausted is truly stimulative. If you are going to I yield 3 minutes to the Senator from their unemployment benefits last year have a stimulus package, make sure it Maine. without being able to find a new job. is temporary. If you are going to have The PRESIDING OFFICER. The Sen- They work hard. They want to work. a stimulus package, make sure it is im- ator from Maine. They want new employment. And they mediate. If you are going to have a f have been looking very diligently. stimulus package, make sure you take However, the economy is such that EXTENSION OF UNEMPLOYMENT into account cost. All of those prin- they simply have been unable to find BENEFITS ciples were ones enunciated by the new work. An unemployment extension Ms. COLLINS. Mr. President, I praise economists and agreed to, in large would provide immediate relief to hun- Senator GRASSLEY for his heroic efforts measure on a bipartisan basis, by the dreds of thousands of Americans, in- in trying to bring together a bipartisan Budget Committee. cluding the 10,000 Mainers who have ex- group to come up with a package that That was the lead up to the discus- hausted their unemployment benefits would help our economy recover. I am sions we had. The House Republicans and have yet to find work. disappointed the Senate majority lead- broke off those bipartisan talks. What Over the course of the coming year, er has announced his intention to they said is that they wanted to use approximately 3 million Americans abandon work on the economic recov- the regular order, move through the who are out of work and looking for a ery package. committee and present the Senate a In light of that reality, however, it is job would be assisted. This proposal bill. The Republicans blocked the Fi- absolutely imperative that the Senate would provide approximately $60 mil- nance Committee bill on a point of move today to extend to unemployed lion in assistance to unemployed work- order in December, even though they workers an additional 13 weeks of bene- ers in Maine alone. These are our could have amended it. They could fits. This has been needed for a long neighbors; these are families who have have said: Look, we don’t like this but time, and it is something I have been been hurt most by the economic down- we will offer something else. We do not working on for the past 4 months. turn. like this but we will amend this bill In October of last year, I introduced Let us, therefore, today pass this and have up-or-down votes on amend- a bipartisan bill for a 13-week exten- much needed legislation to extend ben- ments. sion. I was joined by Senators LAN- efits to millions of unemployed work- The Republicans refused to negotiate DRIEU, GORDON SMITH, CLELAND, and ers. Even if we have failed in coming up for a 3-week period of time, as they did VOINOVICH. We introduced this bill be- with a compromise on the broader mostly throughout the fall. There were cause we thought it was important to package, we can at least do that, and no negotiations in large measure be- quickly pass a measure of additional do it today. cause Republicans delayed. First, they security for the 7 million unemployed The PRESIDING OFFICER. The Sen- didn’t like virtually the shape of the workers across our Nation. Since that ator’s time has expired. The majority table. Then they didn’t like who was in time, unemployment rolls have swelled leader. the room. They came up with reason by 900,000 and over 1.2 million Ameri- Mr. DASCHLE. Mr. President, could after reason why we could not sit down cans have exhausted their unemploy- the Chair inform the Members of the and talk: delay, inaction, and ulti- ment compensation benefits without time remaining. mately a conflict that could not be re- being able to find new jobs. The PRESIDING OFFICER. There solved. Last week, Senator JACK REED of are 4 minutes remaining under the ma- In negotiations, the Republicans in- Rhode Island and I wrote to the Senate jority’s control. sisted on a couple of issues: repeal of

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S391 the alternative minimum tax and an cause what they said, basically—and I hope our Republican colleagues will acceleration of the rates passed last what they are saying this morning—is pass it. I hope they won’t block it. I spring. The session ended, obviously, if you don’t give us everything in our hope we will do the right thing. I hope without agreement. We got nowhere. circle, we don’t want to have an eco- we will send the measure to conference They insisted on these issues. We had nomic stimulus package. It is all of so that we can try to work through ideas they didn’t like. So we ended in a this or it is nothing at all. these issues and resolve them and come stalemate last December. We aren’t saying if it isn’t all of this back with a bill which we can support Over the break I kept examining it is nothing at all. We are saying we and move on to other priorities. ways that we might break the impasse, will just take what is here and it’s a I yield the floor. try to find ways with which to deal ticket to conference and then let’s see f with the clear inability we had at the what happens. What could possibly be end of last year to come to some reso- wrong with sending a bill to con- CONCLUSION OF MORNING lution. So what I did was to work with ference, allowing both the House, the BUSINESS staff and examine just where the over- Senate, and the White House to work The PRESIDING OFFICER. Morning lay was. Certainly all that the Repub- out a compromise? They don’t want to business is closed. licans had proposed was not foreign to do that. They are saying it is this en- f tire package or we don’t want to work what the Democrats had suggested. HOPE FOR CHILDREN ACT And all that the Democrats had pro- with you. We don’t want a consensus. posed was not foreign to what the Re- We don’t want a bill. The PRESIDING OFFICER. Under publicans had suggested. So we came They have said that now for 3 weeks. the previous order, the Senate will re- up with a diagram that kind of looks They have rejected the common ground sume consideration of H.R. 622, which like a MasterCard, ironically. approach. They are continuing to insist the clerk will report. You take the circle on the right-hand on two things that I hope everybody The senior assistant bill clerk read as side and these two columns represent fully appreciates before they vote this follows: basically what the Democrats insisted morning. They are insisting on making A bill (H.R. 622) to amend the Internal Rev- ought to be in an economic stimulus the estate tax repeal and the Bush tax enue Code of 1986 to expand the adoption package. We wanted to increase the un- cuts permanent—that is what they are credit, and for other purposes. employment benefits. We wanted to insisting on. Pending: provide coverage for part-time workers Making the estate tax repeal perma- Daschle/Baucus amendment No. 2698, in the nent presents two concerns. If we are and recent hires. Republicans said: Oh, nature of a substitute. serious about listening to the Budget Reid (for Baucus) amendment No. 2721 (to no, we can’t do that. That is ripping off Committee recommendations, the prin- amendment No. 2698), to provide emergency the Federal Government. How terrible ciples the Budget Committee suggested agriculture assistance. it would be if we gave those benefits to ought to guide us, then I can’t imagine Hatch/Bennett amendment No. 2724 (to the unemployed workers. Heavens. We that anybody with a straight face language proposed to be stricken by amend- can’t afford that. ment No. 2698), to amend the Internal Rev- would say we want to repeal the estate Affordable group health coverage for enue Code of 1986 to allow the carryback of tax permanently now under the guise the unemployed, we can’t do that. We certain net operating losses for 7 years. of economic stimulus. aren’t going to start new entitlements, Domenici amendment No. 2723 (to the lan- First of all, the Budget Committee guage proposed to be stricken by amendment for Heaven’s sake. Let’s get real here. said—didn’t they?—that you have to Job creation tax credit for business is No. 2698), to provide for a payroll tax holi- make sure it is temporary and that it day. something they said might be a possi- is immediate. This does not take effect Allard/Hatch/Allen amendment No. 2722 (to bility but that clearly isn’t as good as until the year 2011. There may be a re- the language proposed to be stricken by a corporate AMT repeal. cession in 2011, and it might be nice to amendment No. 2698), to amend the Internal Republicans had ideas we did not be able to deal with that 2011 recession, Revenue Code of 1986 to permanently extend like. We did not like the accelerated the research credit and to increase the rates but not with the recession happening rate reduction. When I say ‘‘we,’’ I am of the alternative incremental credit. in the year 2002. Smith of New Hampshire amendment No. talking about probably 95 percent of This thing costs $104 billion. We the Democratic caucus. We did not like 2732 (to the language proposed to be stricken agreed the entire stimulus package by amendment No. 2698), to provide a waiver corporate AMT repeal, or health cov- should not be more than $75 billion, but of the early withdrawal penalty for distribu- erage for the unemployed going they want to spend $104 billion of So- tions from qualified retirement plans to indi- through the individual insurance mar- cial Security money to make it perma- viduals called to active duty during the na- ket, pitting an individual against a nent when it doesn’t take effect until tional emergency declared by the President company, an individual with a pre- the year 2011. on September 14, 2001. existing condition, and just saying The tax cut, they want to make it Smith of New Hampshire amendment No. good luck—we can’t do that. permanent. CBO has provided an esti- 2733 (to the language proposed to be stricken by amendment No. 2698), to prohibit a State What I said was if we can’t do that, mate of $350 billion in the first 10 and they don’t want us to do it, how from imposing a discriminatory tax on in- years, $4 trillion in the second 10. come earned within such State by non- about if we do the things we both said There is nothing cost effective about residents of such State. might work? We both said we wanted that. And it, too, does not take effect Smith of New Hampshire amendment No. to extend unemployment benefits. until 2011. Again, what is the stimula- 2734 (to the language proposed to be stricken Again, when I say ‘‘we both,’’ there tive value of a tax provision that takes by amendment No. 2698), to provide that tips were proposals for these issues by large place in the year 2011? What is the wis- received for certain services shall not be sub- numbers on both sides of the aisle. Not dom—I guess that is the word I am ject to income or employment taxes. Smith of New Hampshire amendment No. every single Member, but tax rebates, looking for—what is the wisdom of ex- bonus depreciation, and 62 Senators 2735 (to the language proposed to be stricken acerbating our already growing deficit by amendment No. 2698), to allow a deduc- voted for fiscal relief for States—62. this year by adding $350 billion more? tion for real property taxes whether or not Republicans, to a Governor, across I don’t know the answers to those the taxpayer itemizes other deductions. the country, are saying if you are questions, but I know this. On a bipar- Sessions amendment No. 2736 (to the lan- going to do us any good at all, if you tisan basis the Budget Committee said guage proposed to be stricken by amendment are going to help us at all, give us some this is not the direction we should go. No. 2698), to amend the Internal Revenue relief, especially through Medicaid. On a bipartisan basis, they said let us Code of 1986 to provide tax incentives for eco- Letter after letter from Governors has try to contain the cost. Let’s do some- nomic recovery and provide for the payment come to the attention of every Member thing stimulative, and do something of emergency extended unemployment com- pensation. of this Senate, urging support for that immediate—not in the year 2011, but Grassley (for McCain) amendment No. 2700 fiscal relief. now. (to the language proposed to be stricken by That was a bona fide effort to try to Really, there are only two choices. amendment No. 2698), to amend the Internal find common ground. I know the Re- We can pass it, or we can block it. I do Revenue Code of 1986 to provide a special publicans do not like that either be- not know of anything else. rule for members of the uniformed services

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S392 CONGRESSIONAL RECORD — SENATE February 6, 2002 and Foreign Service in determining the ex- MCCAIN), the Senator from New Mexico The assistant legislative clerk called clusion of gain from the sale of a principal (Mr. DOMENICI), and the Senator from the roll. residence. North Carolina (Mr. HELMS) are nec- Mr. REID. I announce that the Sen- Kyl amendment No. 2758 (to the language ator from Vermont (Mr. JEFFORDS) is proposed to be stricken by amendment No. essarily absent. 2698), to remove the sunset on the repeal of The yeas and nays resulted—yeas 56, necessarily absent. the estate tax. nays 39, as follows: Mr. NICKLES. I announce that the Reid modified amendment No. 2764 (to [Rollcall Vote No. 13 Leg.] Senator from Tennessee (Mr. THOMP- amendment No. 2698), to amend the Internal YEAS—56 SON), the Senator from Arizona (Mr. Revenue Code of 1986 to provide a refundable Akaka Durbin Miller MCCAIN), the Senator from North Caro- credit for recreational travel, and to modify Baucus Edwards Murray lina (Mr. HELMS), and the Senator from the business expense limits. Bayh Feingold Nelson (FL) New Mexico (Mr. DOMENICI) are nec- Reid (for Durbin) amendment No. 2766 (to Biden Feinstein Nelson (NE) essarily absent. amendment No. 2698), to provide enhanced Bingaman Graham Reed unemployment compensation benefits. Boxer Harkin Reid The PRESIDING OFFICER. Are there Lincoln amendment No. 2767 (to amend- Breaux Hollings Rockefeller any other Senators in the Chamber de- ment No. 2698), to delay until at lease June Cantwell Hutchinson Sarbanes siring to vote? Carnahan Inouye 30, 2002, any changes in medicaid regulations Schumer Carper Johnson The result was announced—yeas 48, Smith (OR) that modify the medicaid upper payment Cleland Kennedy nays 47, as follows: limit for non-State Government-owned or Snowe Clinton Kerry [Rollcall Vote No. 14 Leg.] operated hospitals. Collins Kohl Specter Thomas amendment No. 2728 (to the lan- Conrad Landrieu Stabenow YEAS—48 Torricelli guage proposed to be stricken by amendment Corzine Leahy Allard Enzi Miller No. 2698), to amend the Internal Revenue Daschle Levin Voinovich Allen Fitzgerald Murkowski Warner Code of 1986 to modify the qualified small Dayton Lieberman Bennett Frist Nelson (NE) Dodd Lincoln Wellstone Bond Gramm Nickles issue bond provisions. Dorgan Mikulski Wyden Craig amendment No. 2770 (to the language Breaux Grassley Roberts NAYS—39 Brownback Gregg Santorum proposed to be stricken by amendment No. Bunning Hagel Sessions 2698), to amend the Internal Revenue Code of Allard DeWine Lott Burns Hatch Smith (NH) 1986 to expand the availability of Archer Allen Ensign Lugar Campbell Hutchinson Smith (OR) medical savings accounts. Bennett Enzi McConnell Cleland Hutchison Snowe Grassley amendment No. 2773 (to the lan- Bond Fitzgerald Murkowski Cochran Inhofe Specter guage proposed to be stricken by amendment Brownback Frist Nickles Collins Kyl Stevens No. 2698), to provide tax incentives for eco- Bunning Gramm Roberts Craig Landrieu Thomas Burns Grassley Santorum nomic recovery and assistance to displaced Crapo Lott Thurmond Byrd Gregg Sessions DeWine Lugar Voinovich workers. Campbell Hagel Shelby Ensign McConnell Warner Sessions (for Kyl) amendment No. 2807 (to Chafee Hatch Smith (NH) amendment No. 2721), to remove the sunset Cochran Hutchison Stevens NAYS—47 on the repeal of the estate tax. Craig Inhofe Thomas Akaka Dodd Lieberman Dorgan amendment No. 2808 (to amend- Crapo Kyl Thurmond Baucus Dorgan Lincoln ment No. 2764), to preserve the continued vi- NOT VOTING—5 Bayh Durbin Mikulski ability of the United States travel industry. Biden Edwards Murray Domenici Jeffords Thompson Bingaman Feingold Nelson (FL) CLOTURE MOTION Helms McCain Boxer Feinstein Reed The PRESIDING OFFICER. Under The PRESIDING OFFICER (Mrs. Byrd Graham Reid the previous order, the Chair lays be- Cantwell Harkin Rockefeller CLINTON). On this vote, the yeas are 56, Carnahan Hollings Sarbanes fore the Senate the pending cloture Carper Inouye the nays are 39. Three-fifths of the Sen- Schumer motion, which the clerk will state. Chafee Johnson ators duly chosen and sworn not having Shelby The senior assistant bill clerk read as Clinton Kennedy voted in the affirmative, the motion is Stabenow follows: Conrad Kerry rejected. Corzine Kohl Torricelli CLOTURE MOTION Mr. REID. Madam President, I move Daschle Leahy Wellstone Wyden We, the undersigned Senators, in accord- to reconsider the vote. Dayton Levin ance with the provisions of rule XXII of the Mr. CRAIG. I move to lay that mo- NOT VOTING—5 Standing Rules of the Senate, hereby move tion on the table. to bring to a close the debate on the Daschle Domenici Jeffords Thompson Helms McCain and others substitute amendment No. 2698 The motion to lay on the table was for Calendar No. 71, H.R. 622, the adoption agreed to. The PRESIDING OFFICER. On this credit bill: CLOTURE MOTION question, the yeas are 48, the nays are Max Baucus, Mark Dayton, Richard J. The PRESIDING OFFICER. Under 47. Three-fifths of the Senators duly Durbin, Harry Reid, Tim Johnson, the previous order, the Chair directs chosen and sworn not having voted in John F. Kerry, Daniel K. Inouye, Pat- the clerk to report the motion to in- the affirmative, the motion is rejected. rick J. Leahy, Patty Murray, Byron L. voke cloture. Dorgan, Jack Reed, Deborah Ann Sta- The PRESIDING OFFICER. The ma- benow, Tom R. Carper, Maria Cantwell, The legislative clerk read as follows: jority leader. John B. Breaux, Jean Carnahan, and CLOTURE MOTION Mr. DASCHLE. Madam President, it Herb Kohl. We, the undersigned Senators, in accord- is unfortunate we were unable to move The PRESIDING OFFICER. By unan- ance with the provisions of rule XXII of the the economic stimulus legislation for- imous consent, the mandatory quorum Standing Rules of the Senate, do hereby ward, but I hope at the very least we move to bring to a close debate on the pend- call has been waived. could recognize, as we have in past re- ing Grassley amendment: cessions, that at some point one has to The question is, Is it the sense of the Charles E. Grassley, Bob Smith, Craig Senate that debate on the Daschle and Thomas, Pat Roberts, Jeff Sessions, acknowledge the pain, the uncertainty, others substitute amendment No. 2698 Ben Nighthorse Campbell, George the financial difficulty that so many for Calendar No. 71, H.R. 622, the adop- Allen, Larry E. Craig, Jim Bunning, families are facing. In 1992, we ex- tion credit bill, shall be brought to a Robert Bennett, Jon Kyl, John Ensign, tended unemployment benefits for up close? Michael D. Crapo, Frank Murkowski, to 59 weeks. In 1982, we extended them The yeas and nays are required under Olympia J. Snowe, Don Nickles. for up to 49 weeks. In 1974, we extended the rule. The PRESIDING OFFICER. The them for up to 65 weeks. I ask unani- The clerk will call the roll. question is, Is it the sense of the Sen- mous consent that we extend them for The legislative clerk called the roll. ate that debate on amendment No. 2773 at least 13 weeks now. Mr. REID. I announce that the Sen- offered by the Senator from Iowa to I have been discussing the matter ator from Vermont (Mr. JEFFORDS) is the bill, H.R. 622, shall be brought to a with our Republican colleagues, and necessarily absent. close? they have had the opportunity to view Mr. NICKLES. I announce that the The yeas and nays are mandatory the language. Let me make one other Senator from Tennessee (Mr. THOMP- under the rule and the clerk will call clarification. This is a simple exten- SON), the Senator from Arizona (Mr. the roll. sion of current law. There is no other

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S393 extraneous matter, and there is no Mr. NICKLES. Madam President, re- may be next. We have done nothing to other issue I would suggest at this serving the right to object, we debated help them keep their jobs. We have point be included in the extension. So this before. If my colleague from South done nothing in this bill. We will do for all Senators, this is simply an ex- Dakota wants to, we have a couple of nothing to help those who have been tension of current law as we now have amendments on our side we did not get laid off, who are going to get unem- it enacted. a vote on that I believe we would have ployment checks, to get a paycheck AMENDMENT NO. 2819 a majority vote on as well. again. That has been the fight all (Purpose: To provide for a program of tem- Now I oppose the amendment of my along. porary extended unemployment compensa- colleague from Illinois because he is The President from day 1 said we tion) expanding a program that we have need to extend benefits. We have been Mr. DASCHLE. I send an amendment never done before. The majority leader unanimously supportive of extending to the desk regarding 13 weeks’ exten- mentioned all the times we have ex- unemployment benefits for another 13 sion of unemployment benefits. I ask panded unemployment compensation weeks. The problem has been, and con- unanimous consent that the amend- in the past. We have never done that sistently is, what are we going to do ment be agreed to, that the bill, as for temporary workers. That is a brand about the people who want a paycheck, amended, be read a third time, passed, new expansion that doubles the cost. not an unemployment check? What are and the motion to reconsider be laid That increases the cost from about $8 we going to do about the people who upon the table without intervening ac- billion to $16 billion. So with great re- are in jobs right now who are worried tion or debate. spect, I object to the unanimous con- about losing their jobs? What are we The PRESIDING OFFICER. Is there sent request of my colleague from Illi- going to do to help those businesses objection? nois. survive? What are we going to do about Mr. DURBIN. Madam President, re- The PRESIDING OFFICER. The ob- helping those individuals who are serving the right to object, and I do not jection is heard. afraid of what might happen, not what object, I believe what Senator DASCHLE The Senator from Maryland. has already happened? That is the is offering is something that this Sen- Mr. SARBANES. Madam President, problem with what has happened in the ate should support in a bipartisan fash- reserving the right to object, I think Senate. We have provided no security ion. I ask unanimous consent to add to the proposal the Senator from Illinois for the 90-plus percent of Americans Senator DASCHLE’s request an amend- offered should be commended. It has who have jobs that they will be able to ment to the same bill relative to unem- been objected to. I certainly hope, the keep their jobs. That is the real unfor- ployment insurance benefits, which amendment having been objected to, tunate situation. had 57 votes and 3 absentees who are that the proposal being put forward by Mr. WELLSTONE. Madam President, present today, a sufficient number that the majority leader would not be ob- could I have 30 seconds? it be included in this unanimous con- jected to, which is a simple extension Mr. DASCHLE. Madam President, I sent request. It is an effort to improve for an additional 13 weeks of unemploy- will first, again, propound the unani- and increase unemployment insurance ment insurance under the current ar- mous consent request, and then I will benefits by $25 a week to try to keep up rangement, as I understand it. yield to the Senator from Minnesota. with the cost of inflation but, more im- I ask the majority leader, is that cor- I ask unanimous consent that all portantly, to cover temporarily dis- rect? pending amendments be withdrawn. So placed workers as well as expand cov- Mr. DASCHLE. The Senator is cor- I propound the unanimous consent re- erage to low-wage and recent hires. rect. quest once more. This money is all Federal money going Mr. SARBANES. This is far overdue The PRESIDING OFFICER. Is there to the States. Governors have entire already. There are people now out of objection? discretion as to whether or not they work who are hurting. The unemploy- The Senator from Texas. want to enhance the unemployment in- ment insurance for many of them has Mrs. HUTCHISON. Madam President, surance benefits. already run out. For others, it will reserving the right to object, I, too, I ask unanimous consent to amend soon run out. This is not an effort, as want to say this is too little to late. the request of the Senator from South the Senator from Oklahoma indicated, The Senator from Maryland is right. Dakota, our majority leader, to include this amendment, which I now send to to broaden the program in terms of its We would like to have done more. We the desk. beneficiaries or its benefits. It is sim- would like to have helped all the peo- The PRESIDING OFFICER. Is there ply to extend it in order to take care of ple of this country. We could have had objection? people who are in real and desperate a stimulus package if we had had a Mr. DODD. Madam President, reserv- need. compromise. We could have had a stim- ing the right to object. So I very much hope the request of ulus package that would have sta- Mr. NICKLES. Madam President, I the majority leader will be honored and bilized our economy, that would have object. we will at least be able to move on that preserved jobs. We could have given tax The PRESIDING OFFICER. The Sen- aspect of this problem. I withdraw my relief to people so they could have ator from Connecticut. reservation. spent their own money that they Mr. DODD. I hope our colleagues on The PRESIDING OFFICER. The Sen- earned. the other side give the Senator from Il- ator from Pennsylvania. So I hope this modest proposal that linois an opportunity to raise this Mr. SANTORUM. Reserving the right would extend the benefits for 13 weeks issue. This is a very modest request to to object, and I do not intend to object, is not the end. I hope it is the begin- include this amendment as part of the but I do object to the fact we are stand- ning. package. The other measures of the bill ing in the Senate today, and we are Mr. WELLSTONE. Reserving the obviously are going to have to be ad- taking care of one group of people right to object, Madam President, I dressed some other way, but I cannot —and we need to and I support it—in heard my colleague from Pennsylvania imagine anyone in this Chamber, re- extending unemployment benefits, but speak; I heard my colleague from gardless of party, who would deny peo- there are millions of others who are Texas speak. My colleague from Penn- ple who have lost jobs under the cir- sitting in their offices watching us sylvania was talking about the prob- cumstance of this past number of working who are afraid that tomorrow lem being this or that and we need to months would want to turn down what may be their day and we are not doing make sure people are able to go back to the Senator from Illinois is suggesting. anything to help them keep their jobs. work. This is basic stuff for people who are We may be giving them unemployment Obviously, political truth can be elu- hurting, and I urge my colleagues on checks, but we are doing absolutely sive and there can be different defini- the other side, whatever differences we nothing for the millions and millions of tions of what we need to do. Most of may have on other issues, please do not people in America who watch us on tel- the people I have talked to in coffee disagree with us. evision as their neighbors get laid off, shops in Minnesota cannot figure out The PRESIDING OFFICER. The Sen- who watch what is going on around the how $1 billion for this multinational ator from Oklahoma. country with layoffs, who think they and $1 billion for that multinational

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S394 CONGRESSIONAL RECORD — SENATE February 6, 2002 and $13 billion of tax breaks helps For months, we have fought to ex- plan would have ensured that men and them. But that is almost beside the tend unemployment benefits for the women who lose their jobs don’t have point. millions of workers who need them in to worry about losing their health in- The real problem is this. We can put this troubled economy. Today, after surance as well. We cannot let our aside all of our differences, because we weeks of debate, our opponents in the workers down when it comes to health have different views about what needs Senate finally relented. They joined us care. America deserves better. to be done, and we can say: Let’s help to pass a 13-week extension for all laid- We have also fought to provide fiscal people right now. Right now. No more off workers who have exhausted their relief to the states, which face serious rhetoric. No more speeches. benefits. budget shortfalls, yet must meet year- People are flat on their backs, Since the beginning of the recession ly balanced budget requirements. We through no fault of their own. Can we more than 2 million workers have ex- have been working to increase Med- not just at least have a straight exten- hausted their unemployment benefits. icaid payments, so that states don’t sion of unemployment insurance? That Extending benefits will help these have to cut back on coverage, just as is all this vote is on now. The majority workers, including nearly sixty thou- more workers need help. This is the top leader is asking for unanimous consent sand workers in Massachusetts who priority for Republican and Democratic for that alone. That is it. Let’s end the have lost their jobs, and are still look- speeches and end the rhetoric and just Governors. We should provide our ing for new employment. They have States relief now. support him. been refinancing their homes, and in Mrs. FEINSTEIN. Madam President, The American people have strongly some cases, even selling them, just to as I stated on the floor earlier this supported our efforts to give workers week, I support a 13 week extension of make ends meet. the support and assistance they de- The battle is not over. We still need unemployment Insurance. I do so as an serve. But some of our colleagues in to get approval from the House of Rep- issue of basic fairness to help and pro- Congress have stalled our efforts to tect those who have been hurt by the resentatives. And then it is up to Presi- help these courageous workers. Demo- economic downturn. Unemployed work- dent Bush to honor the commitment he crats have proposed an effective and ers need assistance now. made in his State of the Union speech balanced plan to stimulate the fal- There are people in my State of Cali- to make this achievement a reality for tering economy, but throughout the fornia, and indeed across the country, our workers. past few months, our opponents have who need an extension not because Unfinished business remains. Out- used procedural maneuvers to block they have not been looking for a job, dated unemployment rules exclude the measure. When House and Senate but because the downturn in the econ- hundreds of thousands of workers who negotiators tried to reach a com- omy has made jobs difficult to keep, have been laid-off through no fault of promise, our opponents delayed it at and even more difficult to find. their own. Laid-off part-time and low- every turn. wage workers have paid into the sys- As I stated earlier this week, there They were unwilling to support any tem, but often fail to receive the bene- are over a million people unemployed recovery package unless it contained fits they need. Recent data suggest in California, and since September 11, tens of billions of dollars for new tax that only 18 percent of unemployed unemployment benefits have run out breaks for wealthy individuals and cor- low-wage workers were collecting bene- for 190,000 Californians. porations, including $250 million in tax Because an average of 40 percent of fits. For months, we have fought to ex- breaks for Enron. It makes no sense to Californians who go on unemployment pand coverage to benefit more than hold laid-off workers hostage to such exhaust their regular unemployment 600,000 additional unemployed part- irresponsible and costly tax breaks. benefits, over 360,000 people in Cali- time and low-wage workers. We will Our opponents consistently offered fornia alone could be helped by receiv- not give up that fight. ing this 13-week extension. We have also fought to increase plans that fail the nation’s workers. These are the people who would be weekly unemployment benefits by the They offered a plan to extend unem- immediately helped by an extension of greater of $25 a week, or 15 percent. ployment benefits, but only to laid-off unemployment benefits. Currently, unemployment benefits do workers in a few states. They offered a Throughout the United States, work- not replace enough lost wages to keep plan to use National Emergency Grants ers are running out of unemployment workers out of poverty. In 2000, average for unemployment insurance, health benefits while competing for less and unemployment benefits replaced only care and job training—guaranteeing less open jobs. In New York, there are 33 percent of workers’ lost income, a that few funds would actually go to un- 515,000 people without jobs, and over major reduction from the 46 percent of employment insurance. They offered a 90,000 of them have exhausted their un- workers’ wages replaced by jobless ben- plan to provide Reed Act distributions employment benefits since September efits during the recessions of the 1970’s that would primarily be used for state 11. The same is true for 86,000 Texans, and 1980’s. During an economic crisis, tax cuts and could go into state unem- 47,000 Floridians, and 52,000 people from unemployed workers have few opportu- ployment trust funds, instead of offer- Illinois. In Pennsylvania, over 300,000 nities to rejoin a declining workforce. ing new or extended benefits. people are unemployed, and almost They depend on unemployment bene- Today, we will vote to extend unem- 47,000 of them have exhausted their un- fits. We will continue to work for a ployment benefits for 13 weeks, some- employment benefits. thing we have done in every recession. Extending unemployment coverage benefit increase to ensure that laid-off workers are not impoverished during Today, we will celebrate our long- will benefit more than 600,000 people fought for victory. Tomorrow, we will nationwide, and help revive an econ- periods of unemployment. Benefit levels are too low for laid-off continue the fight for America’s work- omy that needs a boost to get back on ers. its feet. workers to afford the health care they Since the program’s inception in 1934, need. Health premiums can cost nearly Mrs. CLINTON. Madam President, Unemployment Insurance has served $600 a month for a family—most of an over the past nearly 5 months, the en- time and again to act as a stabilizing unemployment check. That is why only tire Nation has been inspired by the device—providing direct economic as- about one in five laid-off workers today grit, bravery and selflessness of the sistance to people who are likely to continue their coverage, even if they workers at the World Trade Center site spend any additional money in pro- are eligible. For months, we have who have labored around the clock on viding basic needs for themselves and fought to pass an economic recovery the rescue and recovery efforts. The their families. plan that would cover 75 percent of the courageous images of firefighters, po- The need is no different now. As an health care premium for those who are lice officers, emergency medical per- issue of basic fairness, I strongly be- eligible to continue their coverage, but sonnel, construction workers and cler- lieve that the Senate should act to ex- can’t afford the cost. gy have inspired workers throughout tend UI benefits by 13 weeks. Some workers are not eligible for any the country. Mr. KENNEDY. Madam President, continuing health plan. Our plan would There are many other images of New there is good news today for working have allowed states to cover these vul- York, however, that have not been men and women across the Nation. nerable workers. Taken together, our shown on the news, but that are also

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S395 the heart-wrenching results of the ter- For those who have lamented the unemployment compensation amend- rible September 11 attack and a weak fact we could not reach a compromise, ment to make it basically universal for economy. 56 Senators went on record today look- all States for 13 weeks. I think that is These images that our Nation has not ing for that compromise. We only fell fair, appropriate, and supported by all seen, but that everyone here knows all four short. There were a couple of ab- Senators. I am glad we were able to too well, are the faces of hundreds of sentees. So there is no doubt that there pass it. I encourage my colleagues in New Yorkers who have found them- is a growing percentage, an over- the House to pass it as well. selves without a job. These are the whelming majority, in my view, who Also, our colleague and friend, Sen- workers whose jobs were literally de- want to move forward. I would have ator LANDRIEU from Louisiana, has stroyed, jobs when the Twin Towers only hoped some of those who lamented suggested improvements to be made on collapsed: The janitors, the doormen, this could have supported cloture so we the adoption credit. Senator BUNNING the waiters and waitresses, the secre- could have had the ticket to con- also has an amendment dealing with taries, and messengers. ference. We were denied that. But I adoption and deductibility. We will Or, the workers who did not work in have said on the floor before, and I will work with both colleagues to see if we lower Manhattan, but who have felt say it again, I am open to any over- cannot come up with a package in the the ripple effect of the so-called frozen tures, any suggestions, on how we not too distant future that I hope all of zone primarily the hotel workers and might do it, that will allow the 60 votes our colleagues will pass and likewise I small businesses owners. required to move forward. Anytime I hope the House will favorably review. In New York State, we have 71 per- can be assured that a 60-vote margin I make one additional comment. I am cent more workers on Unemployment can be achieved, we will bring this bill disappointed we have not been success- Insurance than we did one year ago. In back up. It is unfortunate we could not ful at making the bridge in partisan New York City, we are experiencing do more than this, but I am very warfare to pass the stimulus package unemployment rates that we haven’t pleased and grateful to colleagues on to help create jobs. I urge our col- seen in years. In December, the unem- both sides of the aisle for their willing- leagues not to be quite so fast in the ployment rate continued to spike up to ness to support this. future with cloture votes. I didn’t like 7.4 percent—2.4 percent above the na- AMENDMENT NO. 2820 cloture votes when this side offered tional average for the same period. them, and I don’t like them when the New York City is expected to lose Mr. LEVIN. Madam President, I ask unanimous consent that the title other side offers them. It denies the 150,000 jobs in the aftermath of Sep- Senators the opportunity to offer tember 11 and we are not expected to amendment with respect to H.R. 622 be considered and agreed to, and the mo- amendments. We had several amend- rebound until 2004. ments on this side that we could not What is happening to our unem- tion to reconsider be laid upon the offer because of cloture. If cloture were ployed who are waiting for the econ- table. invoked, they would not have the abil- omy to rebound? Well, let me tell you— The PRESIDING OFFICER. Without ity to offer a permanent R&D amend- in the last quarter alone, over 65,000 objection, it is so ordered. ment, which I believe has a majority unemployed workers exhausted their The amendment is as follows: vote; we could not offer making the UI benefits. Amend the title as to read: Over the past two weeks, I have re- ‘‘A bill to provide for temporary unemploy- death tax repeal permanent, which I ceived hundreds of calls and pleas from ment compensation.’’ believe has a majority vote; we could not offer an amendment that Senator my constituents in New York—some f are being evicted from their homes, DOMENICI was pushing for, a payroll tax others are uncertain how they will con- MORNING BUSINESS holiday, which many people on both tinue to put food on their tables, and sides of the aisle say has merit. Mr. DASCHLE. I ask unanimous con- I hope in the future, when we are all are desperate to go back to work. sent that the Senate now enter into a Senator DASCHLE has put forward a talking about the farm bill—and I be- period of morning business for 35 min- lieve we will go to the farm bill soon— proposal to extend unemployment for utes. an additional 13 weeks. This proposal is I urge the majority leader not to move Ms. LANDRIEU. I reserve the right forward with cloture. Consider amend- not only the right thing to do for our to object. thousands of workers who are without ments. No one I know wants to fili- The PRESIDING OFFICER. The Sen- buster the farm bill, no one was filibus- a job, but it is the right thing to do for ator from Louisiana. the economy. In fact, some experts tering the stimulus package, but we Ms. LANDRIEU. There is another had several provisions in the stimulus argue that extending unemployment matter we want to try to take care of insurance is more likely than any package to try to make it truly stimu- at this point. I don’t know if this is the lative and create jobs. When we get to other policy to stimulate the economy. proper time. We may not agree on a comprehen- the farm bill, I hope the first thing we Mr. DASCHLE. If I might say to my look at is not a cloture vote. Some sive package to stimulate the econ- colleague, this is not the appropriate omy, but I think we all agree that we Members want an amendment to have time, but we will certainly work with payment limitations so some farmers must do the right thing for the workers the Senator and find a time, perhaps of this country by extending unemploy- are not making millions—corporate before the end of the day today, where farmers are not making millions out of ment insurance. we can take up the legislation. We need The PRESIDING OFFICER. Without the farm bill. We find out they are to run a hotline to ensure that we can objection, it is so ordered. under present law. So there is an The amendment (No. 2819) was agreed get a unanimous consent agreement to amendment to have payment limita- to. take the bill up. We will certainly do tions. Those amendments would fall if The bill (H.R. 622), as amended, was that and come back to the floor as soon cloture were invoked. passed. as we have the assurances on both sides I urge our colleagues to offer amend- Mr. DASCHLE. Madam President, I of the aisle that this bill can be agreed ments, be timely, be considerate of hope the House will take the matter up to. others, have good debate, find out immediately, perhaps as early as this Ms. LANDRIEU. I remove my objec- where the votes are, and, hopefully, not afternoon, and get it to the President. tion. go through the idea of a cloture vote, As has been noted, the President has The PRESIDING OFFICER. Without and if we don’t get cloture we pull the indicated already he supports the ex- objection, it is so ordered. bill down. That is a recipe for getting tension. I think it is now up to the The Senator from Oklahoma. nothing done. That is how the stimulus House to do their part so that these f bill did not pass. We cannot get 60 people will be a little more confident votes; we will pull the bill down. I wish they can be given some assistance now. SENATE PROCEDURE that were not the result. Too many of them have already run Mr. NICKLES. Madam President, I I suggested we maybe take up the out of benefits to which they are enti- thank the majority leader and also ap- stimulus bill and consider X number of tled. We have to act now. preciate his willingness to modify the amendments on each side and pass the

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S396 CONGRESSIONAL RECORD — SENATE February 6, 2002 bill. That was not the way the major- disturbing to me that the insinuation continued to linger. On average, long- ity leader went on this bill. That is was that these people are not part of term unemployment rates grew for 9 fine. That was his decision. I think it is our economy; they did not pay income months after the official end of the re- regrettable. I think we could have done taxes, why should they get any re- cession. So even if today—and I think some things to increase employment, bates? we are unsure of this—even if today we increase jobs. What those Members misperceive and are seeing some change in economic I hope when we take up the agri- misunderstand is the huge contribu- conditions, we will still see continued culture bill, it will not be under clo- tions that these millions of poor, work- unemployment problems and we will ture, it will be with both sides offering ing Americans make, in a range of en- still have to respond to it. constructive amendments to improve a deavors, that immensely help our econ- Indeed, this effort should be bipar- bill that is in desperate need of im- omy. They work very hard and, at the tisan because, not only in this Senate provement. same time, payroll taxes are some of but throughout the country, I believe I yield the floor. the most regressive taxes that Ameri- most people recognize the right thing The PRESIDING OFFICER. The Sen- cans pay. As a result, these individuals to do and the smart thing to do is to ator from Rhode Island. should get some relief. Again, most give unemployed individuals a chance Mr. REED. I ask unanimous consent likely those resources would go di- to get benefits until they get the op- to be recognized for morning business. rectly and immediately back into the portunity to work again. Alan Green- The PRESIDING OFFICER. We are in economy. span, the Chairman of the Federal Re- morning business. So the arguments by the other side— serve, has pointed it out. His words: f their claims that nothing has been I have always been in favor of extending done to help Americans who are work- unemployment benefits during periods of ris- UNEMPLOYMENT EXTENSION ing today—are not consistent with the ing unemployment. Clearly you cannot argue Mr. REED. Madam President, I com- proposals they make and the proposals that somebody who runs past the 26-week level is slow for not looking for a job or not mend Senator DASCHLE, the majority to which they object. leader, for his leadership on this very actively seeking to get re-employed. There If you look in the President’s budget, are just no jobs out there. important measure to extend unem- you’ll find another indication of the in- Those are Chairman Greenspan’s ployment benefits. I am pleased this sensitivity, I would say, to the issue of has received the unanimous support of words. We have to respond to that, rec- Americans struggling to keep their ognize that, and I am pleased that the this entire Senate. It is an outstanding jobs and struggling to find jobs—a sig- issue that needs to be addressed today. majority leader today took that action nificant reduction in job training and received the support of this Sen- There are millions of Americans who funds. These moneys are necessary to are exhausting benefits as we speak. ate. put people back into the workplace, to About a week ago Senator COLLINS Looking forward, the prospect is that give individuals the skills they need to and I wrote to Senator DASCHLE and to more and more Americans will exhaust enhance their jobs or even keep their Senator LOTT and urged them to move their benefits. The benefit extension is jobs in a tough, competitive climate. on this measure if we could not find a just simple justice for these Americans So the rhetoric about doing nothing compromise on the stimulus package. and will also provide real stimulus for to stimulate the economy is just that. Again, I am pleased today this measure our economy. Senator DASCHLE made proposals that is moving forward. It does make sense. The reality is, if you have been laid would stimulate this economy without It is good policy with respect to people off from work and you are depending long-run detrimental effects to our fis- who need help. It is good for the econ- upon unemployment checks, you are cal discipline. omy. These resources will go back im- not typically putting that check under That stimulus package, that I would mediately and directly into our econ- your mattress. You are going out and argue is the only real stimulus pack- omy, helping to spur, we hope, con- buying food, buying clothes for your age, was rejected by the other side. So sumer demand and help us out of this children, paying your rent, doing those we are left to do something that is ab- recession. things that will put resources directly solutely necessary, necessary both on I commend the majority leader. I am and immediately into the economy. the grounds of providing justice for pleased we are able at least to accom- That is the whole point of any stimulus Americans and also on the grounds of plish this today. I hope we can return proposal, to put resources directly and providing some limited stimulus for to the stimulus debate again, but a de- immediately into the economy. our economy. bate about real stimulus proposals, not That is why I have to take exception There are nearly 5 million workers a debate about the warmed over tax to the comments of some of our col- who are out of the job market but want proposals of last spring, the second leagues who talk about the fact that to work. Many have left the job market phase of the tax cuts, the second phase we have not done anything to stimu- because they have been discouraged, of those tax cuts that contributed and late the economy, to help secure the which factors into the slightly lower will contribute more to the deficit in jobs of those who are still working. unemployment rate last month. The the years ahead. Frankly, we can tell a lot about peo- unemployment rate went down not be- Instead of those warmed over pro- ple from what they support and what cause there are more jobs. In fact, we posals, let’s look at things that will they reject. If Members support the lost jobs. The unemployment rate went help Americans and the American permanency of the estate tax, they down as people left the labor force, economy directly, immediately, in this should know that is not at all stimula- many discouraged by the lack of em- quarter, not 10 years from now. Let’s tive. It occurs 10 years from now, long ployment opportunities. For those peo- do those things. after we have worked through this eco- ple and for others, these unemploy- I hope when we return to this debate nomic cycle one way or the other. It ment benefits are important. we will be conscious of trying to stimu- provides no immediate stimulus. It In January, more than 2.5 million late the economy and not simply try- provides no immediate incentive for people had been unemployed for 15 ing to rehash old tax proposals. behavior because the estate tax comes weeks or longer, and nearly half of I yield the floor. with death—not a conscious decision those people had been unemployed for The PRESIDING OFFICER. The Sen- by most people. So it has no stimula- more than 6 months. We have in the ator from Utah. tive effect. That is what they are pro- past responded to that dilemma, that Mr. BENNETT. I understand my posing to help the Americans who are crisis, by extending unemployment friend from Michigan has a comment working today. It will not help people benefits. I am pleased today this body he wishes to make. I ask unanimous today. It will help a very few, and 10 has taken action to do that. consent that I be allowed to yield to years from now. Even if the economy begins to re- him for 2 minutes, and then I retain Now, they reject proposals such as cover, this problem will stay with us. my right to the floor. Senator DASCHLE’s proposal to provide At the end of the recessions of the last The PRESIDING OFFICER. Without a rebate for working Americans who several decades, unemployment, par- objection, it is so ordered. The Senator did not pay income tax. It was quite ticularly long-term unemployment, from Michigan.

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S397 Mr. LEVIN. I very much thank my Senate in 1993. We started out holding compromise that makes sense, who friend from Utah. meetings in Senator John Chafee’s have crafted something that we think f hideaway. John Chafee was the founder will pass and the President has indi- of this group. He said, let’s reach cated he will sign, and that this is EXTENSION OF UNEMPLOYMENT across party lines and see if we can’t available to the majority leader and to BENEFITS put partisanship aside and come up the country if the majority leader will Mr. LEVIN. Madam President, I with some kind of a solution. We have simply allow it to come to a vote. think we have a basic obligation to had our good moments. We have had Mr. President, as you and others provide relief to Americans who have our disappointing moments. But we know, my father served in this body for lost their jobs. This is one of the most have hung together as a group, even as 24 years. My first experience here was fundamental responsibilities of this the membership has changed in the sitting up in the family gallery as a Congress. The extension of unemploy- years since I have been here. teenager watching the Senate operate ment benefits today for an additional The Centrist Coalition, involving as I tried to understand it. My father 13 weeks is a way of carrying out that Democrats and Republicans, involving said something that was very profound. obligation. people of very strong positions on the When people would say to him, why We are all aware of the increase in liberal side of issues and very strong didn’t you do this or why didn’t you do the number of Americans who have lost positions on the conservative side of that, he would say: We legislate at the their jobs as a result of this recession. issues, have said: For the good of the highest level at which we can obtain a Every one of our States is feeling it. country, let’s see if we can’t fashion a majority. Michigan alone has over 300,000 work- package that makes sense. And the ma- I think there is a majority for the ers who have lost their jobs, and that jority leader will not allow a vote on centrist package. I ask the majority number, as the numbers in many of our that package. leader to let us find out. States, is likely to continue to rise in He will not allow us even to debate f the coming months. it. He will not allow us to bring it up. I am terribly disappointed we could He will not allow people who were not NEED FOR AN ECONOMIC not agree on a economic stimulus part of the Centrist Coalition to offer STIMULUS PACKAGE package, but that is no excuse for fail- amendments. Then as he shuts the Mr. BYRD. Mr. President, over four ing to address the plight of Americans process down, he says: I am open to any months after the idea was originally who have lost their jobs. Extending un- suggestion from anybody. I will take proposed, the Senate remains divided employment benefits is not just about him at his word, and I have a sugges- on an economic stimulus package. doing what is right and doing what is tion for him. I say to the majority Much has changed since an economic equitable and doing what is fair; it is leader, bring up the Centrist Coalition stimulus was first proposed in response elementary economics. It is common stimulus package backed by Repub- to the September 11 attacks. Both the sense. Providing additional unemploy- licans as well as Democrats. Put it on stock markets and the economy have ment benefits is a very good economic the floor and allow it to be amended by proved to be more resilient than econo- stimulus. those who say it isn’t wonderful; allow mists had expected. The Department of Labor has found the normal parliamentary procedure to Moreover, there are signs, as Federal that for every dollar invested in unem- go forward; and then allow it to come Reserve Chairman Alan Greenspan told ployment insurance, we generate $2.15 to a vote. the Budget Committee last month, for our gross domestic product. So put- I suggest to you that if the majority that some of the forces that have been ting money into the hands of people leader really believes we need a stim- restraining the economy over the past who need it, we are also putting money ulus package, if he is really true to his year are starting to loosen their stran- into the hands of people who are going word that he is open to any suggestion, gle hold. The Fed Chairman told the to spend it. That helps our economy. if he really does want to move in this Committee that ‘‘while 3 months ago, That helps create jobs. direction, that is the way he should go. [a stimulus package] was clearly a de- I congratulate Senator DASCHLE for But he has not allowed that. He has not sirable action . . . I do not think it is offering this legislation today, and I allowed a vote. Let us understand that. a critically important issue to do. I hope now that the House will promptly There is a proposal. It is not a series think the economy will recover in any pass it. of rehashed tax ideas, as the Senator event.’’ I thank my friend from Utah. from Rhode Island suggested, about Aside from the positive economic The PRESIDING OFFICER. The Sen- some of the things people on this aisle data that have been released by gov- ator from Utah. wanted to put in. It is something ernment agencies in recent weeks, f worked out by a group of Republicans there is already a significant amount and Democrats acting in good faith and of stimulus in the pipelines. INABILITY TO ACT in consultation with the White House— That’s not to say that we are home Mr. BENNETT. The Chamber seems reaching out beyond the Congress to free. As Chairman Greenspan pointed to be filled with congratulatory mes- get the opinion of the President of the out last month, the economy could go sages. We are congratulating ourselves United States, and receiving from the either way at this point. Most trou- that we have finally acted, when, in President the comment that, well, it is bling is the higher unemployment rate fact, all we have done is the least pos- not exactly what I want but I would be since last year. sible, minimum, lowest common de- willing to sign it. However, we must not delude our- nominator kind of action, and we have It seems to me this is an extraor- selves into thinking that an economic demonstrated our inability to act on dinary moment in cooperation, reach- stimulus package—whether crafted by any kind of visionary plan. ing out, and resolution that the major- Democrats or Republicans—is some The majority leader says he will be ity leader will not allow to come up. sort of panacea. Stimulus packages happy to bring this subject up again if This is an extraordinary opportunity can’t work miracles. We have a $10 tril- there is an indication that we can get which the majority leader will not lion economy. That’s gross domestic something upon which we can agree. allow to happen. product—the total of all spending. We There is an indication that we can get I hope the majority leader recon- cannot flip the economy over like a something upon which we can agree, siders. I hope he recognizes that taking pancake. A boost of $70 billion to $100 that we can get something that is a a strong partisan position on one side, billion would amount to less than 1 compromise, that we can get some- or taking a strong partisan position on percent of GDP. thing that cuts across party lines. That the other side, has been proven ineffec- Nobody can say at this point with is the proposal made by the Centrist tive; that he recognizes that there are certainty in which direction the econ- Coalition. those of us who have spent time talk- omy is headed. I have been a member of the Centrist ing to each other across the aisle out- What we know is that, since the re- Coalition, and its predecessor names of side of the partisan straitjacket who cession began last March, the Labor the group, ever since I came to the have reached out in an effort to find a Department reports that 1.8 million

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S398 CONGRESSIONAL RECORD — SENATE February 6, 2002 workers have lost their jobs. We could One of those amendments would have an amendment to make the death tax address this problem by temporarily repealed the special occupational tax repeal permanent. extending unemployment insurance. on alcohol. This is an unfair tax im- Well, we do have a death right now to What we do not know, is whether a posed on all businesses that manufac- contend with, and it’s a casualty that more comprehensive stimulus package ture, distribute or sell alcohol prod- even Senator KYL’S death tax amend- at this point is really necessary. ucts. It is one of the most egregious ment can’t help. As my colleague from I submit that the danger we face is taxes to affect small businesses. My Georgia explained, we are now having not that the economy won’t turn amendment would have taken a regula- to pull the plug on an economic stim- around—inevitably it will—but that we tion and tax off the books which the ulus bill and will be attending a funeral may unnecessarily worsen our budg- General Accounting Office has con- on its demise. Why? Because this coun- etary position by taking unnecessary, cluded cost too much to administer try could have largely benefitted from but politically popular, action on a so- compared to the revenues it generates. a reasonable economic stimulus pack- called ‘‘stimulus package.’’ That is a bad tax. age, which now will not be passed. Any stimulus package, at least in the And it is unfair, too. The same tax is Like my distinguished colleague Sen- short-term, will increase the projected paid by little businesses as large ones. ator MILLER said, we are all here giving budget deficits for fiscal years 2002 and Let me explain. Right now, four small our eulogies. Those eulogies extend to 2003. We may well need to devote more family-owned bait shops which sell those many amendments truly meant resources to our military overseas and beer pay as much in taxes as the na- to stimulate the economy. It is ex- to homeland defense, and we will have tion’s largest single site brewery—a tremely disappointing we will not be to bear the costs of doing so. whopping $1,000. able to help the unemployed, or our The erosion in the budget picture Repeal of this tax would have helped American workers and small busi- over the past year, along with the de- stimulate the economy. Last year, re- nesses. fense and homeland security demands bate checks put $300 in American citi- Mr. President, I yield the floor. placed on our budget and the inevitable zens’ back pockets, and most people f long-term Social Security and Medi- went out and spent it-on much needed care deficits overshadowing the retire- THE NEED FOR A STIMULUS BILL back-to-school clothes and supplies; to- ment of the baby-boomers, suggests Mr. VOINOVICH. Mr. President, with ward that new computer; and to buy that tough choices must be made as to the votes that have been cast this groceries. afternoon, we have once again shown whether the limited dollars we spend My amendment would have put $250 the American people that we have put will provide a worthwhile return on our to $500 back in the hands of small investment. From what we have seen politics before their needs. Quite frank- ‘‘Mom and Pop’’ businesses around the from experts ranging from the Federal ly, I think this body should be ashamed country. In turn, those small busi- Reserve Chairman, to Congressional that we could not rise above our party nesses owners would have used that Budget Office officials, to private-sec- differences and give the American peo- extra money to make more needed pur- tor economists, a stimulus package ple a stimulus package that will help chases or pay expenses. secure our economy, put people back to does not meet that test. I also had a couple other amend- work and respond to the human suf- f ments to offer. One would have put fering that is occurring as a result of more money into the hands of char- ECONOMIC STIMULUS the recession. Mr. ENZI. Mr. President, I thank you ities, who in turn could buy needed Too often, it seems to me, we spend for the opportunity to comment on the supplies, including food, clothing, shel- more time trying to score political Senate’s inability to pass an economic ter, blankets, medicine, and hygiene points than addressing the needs of stimulus package. I, like most of my and other products. When charities buy real people. And I can tell you, there colleagues, wanted to pass an economic these things they are not only helping are real needs in the State of Ohio. De- stimulus package. We wanted to pass those in need, they are helping busi- spite claims that an economic turn such a package not only at the end of nesses and workers who manufacture around is just around the corner, the last year, but at the beginning of this or sell those products or services. In a citizens of my State are still suffering year in order to jump start our econ- small, but important way, this would the effects of this recession. Many omy. also stimulate the economy. more are ‘‘shaking in their boots,’’ How would my amendment have done Finally, the majority leader allowed wondering if they are going to be laid- this? It would have allowed those con- us an opportunity to look at an eco- off and the next to join the unemploy- tributing their IRA’s to charities to nomic stimulus bill. But it wasn’t a ment line. bill that came out of the Senate Fi- not have to pay a tax on the distribu- Since the first week of December, we nance Committee nor was it the bipar- tion to the charity. In other words, the have had 320 companies in Ohio an- tisan/centrist proposal offered by my government won’t be skimming money nounce their intention to lay-off work- colleagues and which the President off the donation. As a result, charities ers, affecting nearly 70,000 people. said he would support. Instead, it was a would have had more money, and the Right now, we have some 191,000 peo- one-man show, put on the floor with no donors would have had the pleasure of ple receiving unemployment benefits, input from other Senators. giving more and the feeling of helping and each week, thousands file for ini- As I said on the floor almost 2 weeks their communities and our nation. tial benefits. ago, the Daschle substitute amendment My colleagues on both sides of the Also each week, around 3,000 people is much like a patient needing emer- aisle had good amendments to offer exhaust their benefits without having gency treatment. Our only choice was too. The senior Senator from Montana found another job. to patch it up. and I had a drought relief amendment In 2001, initial unemployment claims So, for the last several days, we were we could have used to help ranchers in my state jumped by 41.5 percent performing emergency surgery—one and farmers. I proudly endorsed our bi- compared to 2000—the highest since ‘‘amendment bandage’’ at a time. Some partisan amendment. Wyoming really 1992. of my colleagues have since described needs the drought relief contained in While the U.S. Department of Com- the stimulus package or the economy that piece of legislation. merce reported a two tenths of a per- as a patient on life support. The senior Senator from Texas had cent increase in the economy in the While I am not a surgeon, I do take amendments to speed up the tax rate fourth quarter, I consider it anemic great pride in being the only account- reductions and tax cuts implemented economic growth, which is providing ant in the Senate. As a result, I think last year. Senator BOND had an amend- little benefit—if any to the men and I have a good understanding of what is ment that passed the Senate 92 to 0 to women of Ohio. needed to help the economy. So, I had allow an increase in small businesses We need robust growth, and a bal- a few amendments to offer to fix up the expensing. This would have given vital anced stimulus package is critical to substitute amendment offered by the assistance to small businesses across getting us there. majority leader, and to really help this country affected by the recession The President was right on target in stimulate the economy. we are in. The Senator from Idaho had his State of the Union address last

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S399 week when he called for an economic One thing the Centrist Coalition pro- the purchase of health insurance—not stimulus. He did not advocate for a posal would do is provide a real boost just individuals who are eligible for partisan stimulus measure, trying to to roughly 38 million low-income work- COBRA coverage. This is an important maximize his political advantage, but ers who did not qualify for rebate distinction since the credit is available rather he elected to press for the stim- checks last summer and fall. Those re- to unemployed people who do not have ulus proposal that was initially pro- bates would mean $13.5 billion would go access to coverage through COBRA, posed by the Senate Centrist Coalition. into the pockets of those individuals to since their employers did not provide I am a member of the Centrist Coali- help them through these difficult health insurance or their employer tion, and I was proud to work with my times. And I am sure it would help went out of business. Under this bill, colleagues Senators SNOWE, COLLINS, stimulate the economy because they these individuals would have been able BREAUX, MILLER, and BEN NELSON on a would likely spend that money rather to get a 60-percent subsidy of their bipartisan measure that would be fair, than save it. health insurance costs without any cap would help stimulate the economy and The Centrist Coalition package on the dollar amount of subsidy. would respond to basic human needs. would also lower the marginal tax rate The proposal also would include re- This proposal does not have every- on individual income from 271⁄2 percent forms to ensure that people have access thing I, the other members of the coali- down to 25 percent. That means single to health insurance coverage in the in- tion, nor the President want. In fact, it people who make between $28,000 and dividual market. If a person has 12 includes items I might not necessarily $68,000 a year, and married couples who months of employer-sponsored cov- support as freestanding legislation. make between $47,000 and $113,000 a erage, rather than 18 months as under However, this proposal is the embodi- year would find additional money in the current law, health insurers are re- ment of compromise, and this is how it their pockets. About one-third of the quired to issue a policy and not impose should be in an evenly divided Senate. taxpayers in this nation, 36 million any preexisting condition exclusion. That is why I cannot believe that mem- people, would benefit with these rate The Centrist and White House pro- bers of this Senate have allowed eco- reductions. posal also includes $4 billion in en- nomic stimulus to fail. Add the 38 million beneficiaries of hanced national emergency grants for If we are to have any progress this the rebate checks, and the 36 million the States which Governors could use year, we must work together as our who would benefit from the reduction to help all workers—not just those eli- constituents elected us to do. in marginal rates, and the Centrist Co- gible for the tax credit. They could use I voted in favor of cloture on both alition package would help a majority this to pay for health insurance in both versions of the stimulus package, since of the roughly 100 million American public and private plans. In other I felt it necessary to move the process households that file taxes. words, we would be paying $4 billion along and not demagogue the issue just The thing I would really like to con- out to the States so they can reach out to score a political victory. I had hoped centrate on is the part of this package and help people in their respective to move something along to a con- that deals with health care. When we States who are not covered by some of ference committee. got started debating the stimulus I think if we all had simply agreed to the particular provisions in the stim- the majority leader’s stimulus package package, the House passed a package ulus package. when he proposed it 2 weeks ago, we that had something like $3 billion for The Centrist Coalition package could have gone to conference with the health care. Likewise, the President’s would also provide a $4.6 billion, one- House, hashed out our differences, and package also had $3 billion. The Demo- time grant to assist States with their today we could possibly be voting on a cratic Finance Committee proposal Medicaid programs. Our States are in compromise stimulus bill. was $16.7 billion. At the end of the day, deep budgetary trouble because, unlike Conversely, if the majority leader the Centrist Coalition and White House the Federal Government, they have to had recognized the bipartisan nature of compromise package had $21 billion in balance their budgets every year. The the Centrist Coalition package—craft- it for dislocated workers’ health care, money isn’t there for them to take ed by members of his own party here in and money for the States for national care of the many needs they face. This the Senate and passed by the House— emergency grants, including $4 billion $4.6 billion grant would go out to the we could possibly be at a bill signing to the States for Medicaid funding. States to help them provide Medicaid ceremony today. However, the process This is a tremendous amount of help for the neediest Americans. In many has degenerated into a political fight. for the needy. States, they are going to cut Medicaid The Senate could pass a stimulus The Centrist Coalition proposal payments because they simply do not bill. Senator GRASSLEY proposed a very would also assist displaced workers by have the money since their State treas- good compromise by offering the Cen- providing an extension of 13 weeks of uries are in such deep financial trouble. trist Coalition package, which should unemployment benefits—benefits that All in all, I believe the Centrist Coa- have been adopted because it gets the would be available to those who be- lition and White House compromise job done. came unemployed between March 15, package was a good proposal, one that In fact, I believe if the Senate was 2001, and December 31st of this year. An should have passed easily in the Senate given the opportunity to cast a estimated 3 million unemployed work- before Christmas and which should straight ‘‘up or down’’ vote on the ers would qualify for benefits averaging have easily passed today. Grassley amendment, it would pass by about $230 a week. Those extended ben- There are a lot of concerned Ameri- a large margin since many in this efits would be 100-percent federally cans, men and women who have lost Chamber actually want to pass a mean- funded at a cost of about $10 billion to their jobs, and who do not know where ingful stimulus bill. the Federal Government, so States they are going to get health care for However, that is not the way things would not have to pick up the tab. themselves and their families. We have sometimes work around here, and the The bill would allow states to accel- an obligation to help. At the very American people are the ones who suf- erate the transfer of $9 billion from least, we have provided an additional 13 fer because they will not get the eco- State unemployment trust funds so weeks of unemployment benefits to our nomic relief they need. In the end, the they could distribute that money ear- constituents who are out of work. It is only person who got what he wanted lier than now possible. This transfer of only a fraction of what we should have was the majority leader. He did not money, which already belongs to the done, but it will give some assistance want a bill, and he got his wish. states, would help state treasuries, to those who need it. Still, I believe we Still, I think the American people de- which are in dire straits today. must address our unfinished business. serve to know what the Senate could With respect to health care benefits, I believe that there is still time to have passed and what the Centrist Coa- the Centrist Coalition and White House set aside our differences, put the needs lition package could have provided in compromise proposal would provide $19 of the American people ahead of poli- the way of economic stimulus to illus- billion in health care assistance for all tics and pass the Centrist Coalition trate the good policy that too often dislocated workers who are eligible for proposal. It is fair, it is balanced and it falls victim to partisan politics in this unemployment insurance with a re- is bipartisan and I believe it is the best Chamber. fundable, advanceable tax credit for thing we can do to restores people’s

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S400 CONGRESSIONAL RECORD — SENATE February 6, 2002 faith in the economy and restore peo- As a February 4 Wall Street Journal store jobs, it would also help restore ple’s faith that we do care about them. article put, ‘‘Economists warned the our projected budget surpluses. f drop in the jobless rate could be mis- Specifically, last week, the Congres- leading. The January decline was sional Budget Office outlined new BIPARTISAN, BICAMERAL largely due to the fact that the Labor budget surplus estimates for the com- STIMULUS PACKAGE Department reported an unusually ing 10 years. As we learned, the pro- Ms. SNOWE. Mr. President, while I large drop of 924,000 in the size of the jected surplus through the year 2011 am pleased that this body has passed labor force, to 141.4 million people. A has fallen 70 percent, from $5.6 trillion legislation to extend unemployment shrinking labor force, say economists, last year to $1.6 trillion today—the benefits for thirteen weeks, I rise to ex- could be a sign workers have become most dramatic decline in budget pro- press my deep regret at an opportunity discouraged and have stopped looking jections ever. While a combination of lost to help American workers. . .to for jobs.’’ factors has brought about this de- help create jobs. . .to bolster our econ- And, finally, consider this statement cline—including last year’s $1.3 trillion omy. . .to provide vital health insur- from the Federal Open Market Com- tax cut and $550 billion in projected ance benefits. . .and to increase our mittee on January 31—in deciding to new spending—the most dramatic im- federal surplus projections for the long keep its target for the federal funds pact, fully 40 percent of the lost sur- 3 pluses—or nearly 1.6 trillion dollars— term. rate unchanged at 1 ⁄4 percent, it said, I voted for cloture on both the ‘‘. . .the Committee continues to be- arose from economic and technical Daschle and the Grassley-Snowe lieve that. . .the risks are weighted changes linked to our current eco- amendments because the bottom line mainly toward conditions that may nomic decline. is, I am convinced an economic stim- generate economic weakness in the What is both alarming and instruc- ulus plan would make a vital difference foreseeable future.’’ tive is that a downgrading in projec- when it comes to the strength of our Of course, the economy may, in fact, tions of economic growth for just a rel- economic recovery. And I cosponsored be on the road to recovery. I certainly atively short amount of time clearly Senator GRASSLEY’s amendment not hope that’s the case. But it’s also a has a dramatic impact on our 10-year only because it is the product of the question of what kind of recovery. Will surplus projections. As you can see by work of the Centrist Coalition, which I it be a robust recovery with rising em- this chart, the contents of which I’d co-chair with Senator BREAUX, but also ployment and new job opportunities, or like to submit for the record, CBO has only lowered its economic growth pro- because it was crafted through bipar- a ‘‘jobless recovery’’ as we had back in jection for 2001 and 2002—by 1.4 percent tisan, bicameral negotiations with the 1991? Given our nation’s war on ter- and 2.6 percent respectively—while 2007 White House and already passed the rorism both at home and abroad—the onward remains the same and 2003 to House of Representatives in December future is far from certain. Any ‘‘shock’’ 2007 is actually higher. And yet, those on a bipartisan vote. could immediately send our economy lowered growth projections for just I want to thank all of us who worked reeling, so I am especially disappointed those two years have dramatically re- so diligently on that package, most es- that we haven’t taken the appropriate duced the surplus projections in the pecially Senators JOHN BREAUX, steps to ensure that the road to recov- GEORGE VOINOVICH, BEN NELSON, SUSAN long run. ery is an ‘‘expressway,’’ rather than a This fact, coupled with CBO’s esti- COLLINS and ZELL MILLER. And of dirt road. mates that an annual increase in eco- course I want to thank Senator GRASS- The bottom line is, a well-structured, nomic growth of only one-tenth of one LEY for his remarkable commitment to comprehensive stimulus package is the percent translates into a $244 billion building consensus and getting a means by which we could have at least increase in the surplus over 10 years, strong stimulus package passed. We laid the foundation for such a road. should tell us something. It should tell earnestly believe and I still believe The reality is, such a package could us that the benefit of a strong recovery that the adoption of the Centrist pack- have had an impact on the kind of re- in the near term—and the resulting in- age would have been our best means to covery we ultimately realize. And you crease in average economic growth in get a final conference report to the don’t have to take my word for it. Just the long-term—cannot be understated. President’s desk, and ensure that the two weeks ago, Chairman Greenspan And the stimulus could have helped us economy and America’s workers would testified before the Senate Budget achieve that critical goal. benefit from the most robust economic Committee on the state of the econ- In fact, Bruce Steinberg, a chief recovery possible. omy. And while some have latched- economist with Merrill Lynch, esti- I have said I think it’s critical at the onto Chairman Greenspan’s remarks mated in November that a stimulus beginning of this new legislative ses- that ‘‘. . .the economy will recover in package could add one percent to eco- sion that we start off on the right foot any event’’ and argue that a stimulus nomic growth this year. The White by enacting an economic recovery plan package is, therefore, no longer nec- House put the figure at half a percent- for the American people. I was pre- essary, it’s critical to listen to the rest age point, which would put 300,000 more pared before Christmas, and many of of testimony. Americans to work, while Macro- my colleagues were prepared, to stay Specifically, when I asked Chairman economic Advisers of St. Louis esti- here to address the needs of those who Greenspan about whether or not a mated a stimulus package could actu- have lost their jobs and their health in- stimulus package could aid in the type ally double economic growth projec- surance—and to bolster economic of economic recovery we experience, he tions. growth. Because the fact of the matter stated that, although it was difficult to And Allen Sinai of Decision Econom- is, we knew then what is still very judge how the economy would develop ics argued that a package could mean much true today—this economy re- this year, quote: the difference between a weak rebound, mains in a recession and people are . . .with the potential, at least, that the such as in the 1991 recovery, and one hurting while Congress has dithered. economy may be more tepid than we would with real potency. He said, ‘‘At this We now know we lost more jobs last like later in this year, some form of stimulus point what you’re doing, with both year than in any year since 1982, which program probably would be useful. monetary and fiscal stimulus, is load- was during the worst recession since So I, for one, was not prepared to ing powder into the recovery.’’ the Great Depression, and we lost al- risk a more ‘‘tepid’’ recovery—not with Which brings me to what happened most a million jobs since the President millions of Americans already out of today on the floor of the Senate. The proposed an economic stimulus plan on work and America engaged in a war fact of the matter is, we should have October 5. And while the unemploy- that will be carried out over a matter passed the bipartisan Centrist plan ment rate in January fell to 5.6 per- of years, not months. And based on the that already passed the House of Rep- cent—the first decline in 15 months and Chairman’s response, a strong and ef- resentatives on a bipartisan vote and certainly better than the alternative— fective stimulus plan could have been enjoyed the support of the White the two-tenths percent drop was likely the difference. House—and that accomplished what more a sign of job-seekers giving up Moreover, let’s not forget—restoring several weeks of bicameral negotia- than the economy improving. economic growth would not only re- tions failed to achieve at the end of

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S401 last year: a consensus on all provisions and other provisions in the stimulus vided $13 billion in health care tax addressing the needs of the unem- package would not see an increase in credits to displaced workers who are el- ployed, including health insurance as- their AMT liability. igible for unemployment insurance sistance, and providing a boost for the The Centrist package found the mid- who do not have other health care cov- economy. dle ground by ensuring that items that erage, $4 billion in National Emergency And the bottom line, is that devel- are currently added-back to a com- Grants, and almost $5 billion in emer- oping a consensus requires com- pany’s taxable income for purposes of gency Medicaid funding so states would promise. The bicameral negotiators calculating the AMT—namely, depre- not have been forced to cut back their made significant progress during their ciation, net operating losses, and for- current health care programs for chil- negotiations last year, but, unfortu- eign tax credits—would no longer be in- dren, workers, and families with low- nately, were unable to break through cluded in this calculation. And by incomes. on several final issues and, con- achieving that compromise, we dra- Indeed, our displaced worker proposal sequently, negotiations broke down. matically reduced the cost of the pro- went further in covering displaced So, given this stalemate and the posal as well—falling from $25 billion workers than any other proposal that risks it posed to workers and the econ- in 2002 in the House-passed package, to was considered—increasing funding to omy, members of the Centrist Coali- $1.3 billion in the White House-Centrist provide health coverage to displaced tion—which I co-chair with Senator package. workers by almost 700 percent from BREAUX and which had already put for- But as we learned from the break- where we started. This package would ward a compromise proposal in Novem- down in the bicameral negotiations, have helped those workers who lost ber—sat down with Republican leaders the most controversial element of the their jobs regardless of whether they and the White House to see if we could stimulus debate proved not to be over worked for the largest corporation or reach the agreement that had proven tax policy, but on health care assist- the smallest business or even if they so elusive. And I ask unanimous con- ance for workers who lost their jobs. were self employed. sent have printed in the RECORD at the However, policy trumped ideology and Under this plan, any worker who in- conclusion of my remarks a time line politics during the Centrist negotia- voluntarily lost their job and who is el- of all our efforts on the stimulus pack- tions—and our package provided a bet- igible or formerly eligible for unem- age, because I think it illustrates why ter benefit more rapidly for more un- ployment insurance benefits would we had such a strong bipartisan basis employed workers than anything that have been eligible for a 60 percent tax for moving forward. had been previously proposed. credit to use for continued health cov- The PRESIDING OFFICER. Without The starting positions on this issue erage. Workers would have automati- were stark, as the original House- objection, it is so ordered. cally received a tax credit certificate passed measure—and White House posi- (See exhibit 1.) when they applied for unemployment tion—called for $3 billion in funding to Ms. SNOWE. The fact of the matter compensation. is, we already had bipartisan agree- states to help those who could lose The tax credit certificate could have ment on issues like stimulus checks for their health coverage if they lost their been used toward COBRA coverage low-income individuals, accelerated de- job. The original Centrists package from their former employer, if eligible, preciation, increased expensing, and an went further by proposing $13.5 billion or for purchasing health insurance cov- in federal health care assistance for extension of and increased funding for erage of the individual’s choosing. The displaced workers. unemployment benefits. So we had a monthly premium payment would have The $16.7 billion package put forward sound foundation for a compromise, by Democrats last year proposed a 75 been reduced by the amount of the tax and the package that cleared the House percent subsidy to help displaced work- credit so that displaced workers would was the product of our negotiations. ers afford COBRA health coverage, and not be forced to pay the full cost of That package truly reflected the assistance and coverage through the their health coverage up front, while middle ground on both tax and spend- Medicaid program for individuals who waiting for federal assistance that ing issues that had confounded the bi- are not eligible for COBRA benefits. would arrive at a later date. In addi- cameral negotiators. Just consider The Democratic proposal also offered a tion the states would have used the $5 where we started on many of these temporary increase in federal Medicaid billion in National Emergency Grant issues and where we ended up. matching funds for states that are funding to provide further assistance At the outset, one of the most con- struggling with increased Medicaid and additional benefits. troversial issues was that of accel- costs. The bipartisan agreement gave dis- erating marginal rate reductions that Many people, including the nation’s placed workers portable assistance were adopted last year. While Presi- governors, did not believe the Demo- that they could use in any part of the dent Bush called for an acceleration of crat’s proposal for relying on Medicaid country to get health coverage. Dis- all marginal rate reductions and Demo- was feasible because states would have placed workers who cannot continue crats opposed any acceleration, the to contribute about 25 percent of the coverage with their current plan, Centrist package would have acceler- cost—funds the states do not have be- would have had federal-law protections ated the reduction in the 27 percent cause of estimate state revenue short- that require health plans to offer guar- bracket only, to 25 percent—an immi- falls of $15 billion due to the economic anteed issue coverage with no pre-ex- nently reasonable middle ground ap- downturn. In fact, the governors were isting condition exclusions. proach. calling for increased federal funding for Our proposal for assisting displaced This change—which only applied to Medicaid just to maintain coverage workers with their health benefits was taxable incomes of $27,050 to $65,550 for and benefit levels for current Medicaid a straightforward proposal that could individuals and $42,500 to $109,250 for recipients. have been implemented quickly for all married couples—would have put On the health care issue too, the Cen- firms and all states because the De- money in the hands of 36 million tax- trist package found the middle ground partment of Labor would have made payers, or one-third of all taxpayers, at and even went further. Specifically, the funds immediately available to a time when consumer demand needs a our bipartisan package would have pro- states so they could deliver assistance boost. And let me make one point per- vided a total of $21 billion in federal to displaced workers. fectly clear—more than two-thirds of health care assistance—or $21 billion The bottom line is that the Centrist these beneficiaries have incomes under more than Senator DASCHLE proposed package provided the most comprehen- $100,000. in his amendment. I can’t understand sive approach to addressing the needs Or consider another controversial why or how we could have denied four of those who are out of work and an issue: corporate AMT. While the origi- million hardworking Americans this economy trying to pull itself out of a nal House-passed package would have kind of assistance this year for the recession. And by enjoying bipartisan, repealed the corporate AMT, the Demo- sake of shadings in philosophical dis- bicameral support as well as the sup- cratic proposal only included a ‘‘hold- positions. port of the White House—it would have harmless’’ so that businesses taking The fact of the matter is, it didn’t ensured that this relief would be on the advantage of accelerated depreciation have to be that way. Our package pro- way in the fastest manner possible.

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S402 CONGRESSIONAL RECORD — SENATE February 6, 2002 Again, I deeply regret that stimulus AGRICULTURE, CONSERVATION, with the farm bill for 12 days already. delayed has now become stimulus de- AND RURAL ENHANCEMENT ACT Again, I want to underscore that rural nied. OF 2001—Resumed America cannot survive under the cur- EXHIBIT 1 The PRESIDING OFFICER. The rent Freedom to Farm bill. It will suf- clerk will report. fer severely if the farm bill here is fur- CBO PROJECTED ECONOMIC GROWTH The assistant legislative clerk read ther delayed. I look forward to working with Senators on both sides of the aisle 2001 2002 2003 2004–07 2008–11 as follows: A bill (S. 1731) to strengthen the safety net to get the bill finished deliberately but January 2002...... 1.0 0.8 4.1 3.3 3.1 quickly, and we will work our way January 2001...... 2.4 3.4 3.3 3.0 3.1 for agriculture producers, to enhance re- source conservation and rural development, through amendments. I hope that CBO January 2002, Budget & Economic Outlook. to provide farm credit, agricultural research, maybe even this afternoon sometime TIMELINE nutrition, and related programs, to ensure we may reach an agreement on a finite consumers abundant food and fiber, and for September 25, 2001: Finance Committee list of amendments, with a reasonable other purposes. meets with former-Secretary Rubin and amount of time to debate them. Then Chairman Greenspan to discuss basic prin- Pending: we can work through that list of ciples of economic stimulus package. Daschle (for Harkin) amendment No. 2471, amendments and, hopefully, within 2 or October 17, 2001: Centrist Coalition lays in the nature of a substitute. 3 days, go to third reading and passage. out principles to leaders Daschle and Lott. Wellstone amendment No. 2602 (to I believe we can get the conference October 24, 2001: (1) Centrist Coalition amendment No. 2471), to insert in the done in adequate time to have the bill meets with Secretary O’Neill; (2) House environmental quality incentives pro- enacted for this crop year. A tremen- passes first version of stimulus plan. gram provisions relating to confined October 31, 2001: Centrist Coalition meets dous amount is at stake in this farm livestock feeding operations and to a bill, not only for farmers but for rural to consider compromise package. payment limitation. November 8, 2001: Stimulus markup in Fi- and agriculture-related businesses, nance Committee, Democrat package re- Harkin modified amendment No. 2604 rural communities, conservation, ported. (to amendment No. 2471), to apply the trade, nutrition programs, and renew- November 13–14, 2001: Senate Finance stim- Packers and Stockyards Act, 1921, to able energy. ulus plan (Baucus) on Senate Floor. Plan was livestock production contracts and to The Department of Agriculture re- defeated on a Budget point of order. On the provide parties to the contract the cently predicted a 20-percent drop in same day (11/14), Centrist group laid out its right to discuss the contract with cer- net farm income for this year if we do alternative plan. tain individuals. not take action on this new legisla- November 15, 2001: Leaders of both parties Burns amendment No. 2607 (to and both houses agreed to try to come to- tion—20 percent. Farmers are strug- gether and pre-negotiate . . . but couldn’t amendment No. 2471), to establish a gling as it is. They most certainly can- agree on who would comprise the nego- per-farm limitation on land enrolled in not afford to take a fifth off their net tiators. the conservation reserve program. income. November 16, 2001: Talks stalemated. Burns amendment No. 2608 (to I understand that after the farm bill November 19, 2001: Centrists, including amendment No. 2471), to direct the Sec- the Senate will take up an energy bill. Senators Snowe, Breaux and Grassley, had retary of Agriculture to establish cer- During debate on the energy bill there conference call with Secretary Paul O’Neill tain per-acre values for payments for will be a lot of discussion about CAFE about their plan; O’Neill called it a ‘‘basis different categories of land enrolled in standards, and about drilling for oil in for a deal’’. the conservation reserve program. November 20, 2001: Secretary O’Neill, on the Arctic National Wildlife Refuge, Good Morning America, called Centrist ap- Mr. REID. Mr. President, what is the which I am sure will be a hotly con- proach a basis for a deal; Senators agreed to pending issue before the Senate on the tested issue. Well, this farm bill has a talk after Thanksgiving. farm bill? new energy title in it. As it is written November 26, 2001: Senators returned from The PRESIDING OFFICER. The now, the energy title calls for an in- recess; recession declared by National Bu- Burns amendment No. 2608. vestment of half a billion dollars in reau of Economic Research. There was still Mr. REID. I suggest the absence of a mandatory money over 5 years to spur no agreement over who would negotiate. quorum. November 28, 2001: Wednesday Leadership production of renewable energy. Meeting with Bush—breakthrough on nego- The PRESIDING OFFICER. The Even if we do drill for oil in ANWR, tiators to jumpstart negotiations. clerk will call the roll. we will remain dependent on foreign oil November 29, 2001: Divisions over exactly The assistant legislative clerk pro- unless we begin making significant in- how negotiations could begin remained. ceeded to call the roll. vestments in the production of renew- November 30, 2001: Continuing impasse Mr. HARKIN. Mr. President, I ask able energy. Moreover, a greater em- over negotiations; House wanted more nego- unanimous consent that the order for phasis on renewable energy in our na- tiators Senate, fewer. the quorum call be rescinded. tion’s energy policy will also create December 3, 2001: Negotiations began. The PRESIDING OFFICER. Without new markets for agricultural products. December 11, 2001: Centrists meet with objection, it is so ordered. We need to develop these new markets, Senator Lott and President Bush at the White House on a plan. Mr. HARKIN. Mr. President, here we and I submit that one of the biggest op- December 15–16, 2001: Centrist plan are. It is now February 6, 2002. That portunities we will have to do this in emerged as likely basis for any final deal. comes as no shock to anyone. We are the future will be in the area of renew- December 19, 2001: President Bush meets back on the farm bill—where we were able energy. It has been said that any- with Centrists, declares agreement on plan. back on December 6, 2001. thing that can be made from a barrel of December 20, 2001: House passes Centrist Again, we are trying to get this bill oil can be made from a bushel of corn, plan. finished before it gets too late in the soybeans, cottonseed oil, or any num- Ms. SNOWE. Mr. President, I yield planting season. I am hopeful that we ber of other crops that we grow in this the floor and suggest the absence of a can work out some arrangements to do country. quorum. that. The beginning of a new session al- I visited a project in northern Iowa The PRESIDING OFFICER (Mr. DAY- ways marks an opportunity for a re- last week involving agriculture-based TON). The clerk will call the roll. newed effort to solve the challenges be- industrial lubricants. It is a project The assistant legislative clerk pro- fore us. In a spirit of cooperation, I sponsored and supported by the Univer- ceeded to cal the roll. look forward to working with my col- sity of Northern Iowa. I actually vis- Mr. REID. Mr. President, I ask unan- leagues to pass this new farm bill with- ited a farm where they have set up imous consent that the order for the out further delay, in order to provide equipment. They bring in raw soy- quorum call be rescinded. farm families in rural communities beans, crush them, take out the oil, The PRESIDING OFFICER. Without critically needed stability and insur- and they mix it and put it through an- objection, it is so ordered. ance for this year and in the future. other machine I can’t describe, and Mr. REID. Mr. President, the hour of There is widespread agreement that they get grease, like axle grease. It 1:30 having arrived, I call for the reg- farm families and rural communities looks just like that—the same thing ular order. are in dire need. The Senate has dealt you use in your grease gun when you

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S403 are greasing a car, or an axle, or any- fore the planting of this year’s crop. said, and even that was a bipartisan thing such as that. I understand the Again, if we do not pass it in time, this vote. Norfolk Southern Railway has begun year’s crop will be covered by the exist- We have tried to come out with as bi- using this product to grease the rail- ing Freedom to Farm legislation and, partisan a bill as possible, and I believe road tracks. Trucking companies are Mr. President, as you know, we will that is what we have done. This is a using it for the fifth wheels on trucks, probably have to come up with another balanced, comprehensive bill. It is a where they put a lot of grease. supplemental payment for this year’s bill that does very well by commodities The beauty of this is it is all bio- crops. That is why we need a new farm but also goes well beyond the com- degradable. I understand some rail- bill and not more uncertainty. modity programs to address needs in roads, because of the grease going down The longer the bill is delayed, the the areas of conservation, trade, rural the railroad track lines, have to put greater the risk the $73.5 billion in new development, research, energy, which I down liners underneath the tracks. farm bill funding will be forfeited. As I mentioned earlier, credit, nutrition, This agriculture-based industrial lubri- said, the planting season is here. The and forestry. cant is a new product that can take the stimulus bill just went down, as I un- On the commodity side, we have place of all the grease we use, it is derstand it, but this farm bill is also a maintained full planting flexibility, made out of soybeans and it is bio- stimulus bill a stimulus bill for rural and we have restored a stronger coun- degradable. All the hydraulic fluid re- America. tercyclical income protection system. quired by machinery could one day be President Bush was recently in Mo- The bill continues fixed direct pay- made out of soybean oil. line, IL, which is part of the quad-cit- ments but phases them down, not to- And then there is ethanol. We ies area, across from Davenport and tally out, as a new countercyclical pay- haven’t even scratched the surface in Bittendorf, IA. Of course, Moline is the ment system is phased in. terms of the use of ethanol. Fuel that home of John Deere. A lot of Iowans Also, farmers may elect to update is 80 percent ethanol—developed over across the river work at that Moline their program bases and payment the next 10, 15 years—can drastically plant. We also have John Deere plants yields instead of using outdated ones, reduce our dependence on foreign oil in Iowa. but they may keep the old bases and and help clean up our atmosphere. President Bush visited that plant a yields if that is more advantageous to Again, that is biodegradable, and it is couple weeks ago. I was with him, as them. We leave that choice up to farm- renewable every year, with every corn were other Senators and Congressmen. ers. The bill continues marketing assist- crop. In a meeting with the CEO of John So I think if we really want to be- Deere, it was said by him or by some of ance loans with modestly higher loan rates for feed grains, wheat, and cot- come more energy independent and less the other people in the management of ton. The soybean loan rate is reduced dependent on the Middle East for our John Deere that they have laid off a lot by 6 cents but that reduction is offset oil, it is not drilling in ANWR that will of people. They have 300 people work- by new fixed and countercyclical oil- accomplish that—at least not from the ing at the plant who are working be- seed payments which were not in the data I have seen—it is developing new cause of contractual arrangements previous Freedom to Farm bill. Keep in markets for agricultural products in with the union, but they are not build- mind, all of these loans are marketing this country by supporting the develop- ing anything. I asked whether there is assistance loans, so the higher loan ment of renewable fuels made from ag- any hope that these people can start rates will not build stocks and will, in ricultural commodities. building again. fact, enhance our international com- We now have over 30 buses running in The response was: Yes, we know petitiveness. Cedar Rapids, IA, on soy diesel. All the there are orders out there or pending When I hear arguments that some- trucks on the nation’s highways could orders for new combines, tractors, how the higher loan rates will price us one day be burning soy diesel. When planters, and other equipment, but the out of the market, I do not understand one thinks about the potential market farmers are going to the bankers to get that. These are marketing assistance for agricultural-based lubricants, the financing to buy the equipment, loans so that cannot be true. fluids, and fuels, that market is the and the bankers are saying: What is One key difference between the Sen- same as the market for the oil we are your income going to be like this year? ate bill and the House bill is the ap- getting from the Middle East now. What are you counting on? And the proach to farm income protection. The Maybe we cannot take up all of that farmer says: I don’t know, they haven’t Senate bill puts a greater emphasis on market with renewable lubricants, passed the farm bill yet. countercyclical income protection. If fluids and fuels, but we can take up The message came through clear to commodity prices are not as high as enough of it so the producers of oil in me and others and, I hope, to the Presi- predicted, which is usually the case, the Middle East will not have us by the dent that we have to get this bill done. then the Senate bill offers the better throat any longer. We can have enough It not only helps the farmers, but it income protection. There is a built-in of that market that the Middle East helps rural America and it helps the price protection mechanism to increase will be a minor supplier, not a major workers in that John Deere plant, too. payments if prices fall. supplier, of the energy we use in this It helps them get back to work. That is Again, one of the biggest outcries I country. There is a lot in this farm bill why we need to get this bill through in heard about the Freedom to Farm bill to start moving us in that direction. as short order as possible. is that in the good years—the initial We have done our work in the Com- I believe bipartisanship has been the years under Freedom to Farm when mittee. We had an aggressive schedule hallmark in our work of crafting this farmers were making good money from of hearings on the farm bill. We had farm bill. At the outset, Senator the market—they were still getting hearings here in Washington, DC, and LUGAR, the committee’s ranking mem- Government payments. That did not in several States across the country. ber and former chairman, and I devel- seem to make sense to anyone. Then, of course, our timetable was set oped a set of objectives. We worked in What we have done is phase those back by the terrorist attacks on Sep- consultation with other members of payments down, and we will have a tember 11. Nonetheless, we moved the committee on all titles of the bill countercyclical program so if prices go ahead and started marking up the bill that the committee reported out, with down, farmers will be held harmless. on October 31, voted to report the bill the exception of the commodity title, The majority of people in this coun- out of committee on November 15, and to be honest, where we recognized we try do not know a lick about agri- we were on the Senate floor November probably would not find any agree- culture but would support it. They say 29. We acted expeditiously to get this ment. there are certain times when for cer- bill done. We went from markup on Oc- Other than the commodity title, all tain reasons—whether it is trade, the tober 31 to the Senate floor on Novem- reported titles were approved by voice strength of the dollar, or other fac- ber 29, and yet we are still here today, votes. Of the votes on amendments to tors—prices for agricultural commod- February 6, 2002. those titles, not one was along party ities just go all to heck. It is essential that the new farm bill lines. We did have a recorded vote on I think most people recognize the cy- be completed without further delay be- adopting the commodity title, as I clical nature of agriculture, that it is

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S404 CONGRESSIONAL RECORD — SENATE February 6, 2002 different from a hardware store, that it Mr. REID. Madam President, I ask The PRESIDING OFFICER. Without is very reliant on so many outside fac- the Senator from Iowa if he would objection, it is so ordered. tors over which a person has no con- yield for a unanimous consent request. Mr. HARKIN. That is good news. I trol. Mr. HARKIN. Yes, I am glad to yield thank the assistant majority leader for I believe most Americans would say: to our assistant majority leader. working this out, and I thank Senator Yes, if these things happen and prices Mr. REID. While the two managers LUGAR for working this out on all fall, you ought to support the farmers have been speaking, I did what they sides. That is progress. So we are going until we can get the prices back up. I asked me to do, and we now have a to be able to dispose of four amend- find general acceptance of that. What I unanimous consent agreement that ments that have been hanging since do not find is any support anywhere for will move us through a good part of the December, and hopefully that indicates the proposition that if farmers are afternoon. I ask unanimous consent some progress on this farm bill. So I doing well in the marketplace we ought that there be a time limitation on the will wrap up my comments very short- to give them more money. I do not find following pending amendments: 40 min- ly. I was talking about the WTO, and I any support for that anywhere. That is utes equally divided on both of the will wrap it up in terms of income pro- what we tried to do in this bill: to get pending amendments by Senator tection for farmers. I describe our bill off that old system and get onto a new BURNS, Nos. 2608 and 2607; 40 minutes as having four legs, which makes it system of countercyclical payments. equally divided on Senator very sturdy. We have fixed payments, Regarding international trade, the WELLSTONE’s amendment No. 2602; and 30 minutes equally divided on Senator countercyclical payments, marketing Senate bill will comply with our WTO loans, and conservation payments, all commitments and will put our Nation HARKIN’s amendment No. 2604. I further ask unanimous consent that of which will help support farming. in a strong position to negotiate new Lastly, I want to talk a little bit Senator HARKIN do his amendment trade agreements. about the conservation title. We have first—there has been a request that he This bill gives the Secretary of Agri- been able to accomplish a great deal on do his amendment first and the others culture the authority to adjust support the conservation title. It is important can come up later—that all times be di- payments to make sure we do not vio- in and of itself. Farmers and land- vided in the usual form; that no other late WTO limits. However, there is owners desire to conserve soil, water, amendments be in order prior to dis- only a very remote chance this author- and other natural resources. Sound position of the above listed amend- ity will ever be needed. Under the ex- conservation is one of the best ways for pected market conditions for the next ments; that at the conclusion or yield- agriculture to continue to build good 10 years, the amber box limit ‘‘amber ing back of time on all of these amend- will with the rest of America. Plus, it box’’ means that under WTO agree- ments, the Senate proceed to a vote on is also a way in which we can help pro- ments we can only spend so much or in relation to each amendment, with mote better farm income. So we have money on certain types of support—is 2 minutes for debate equally divided funded programs like the Wetlands Re- $19.1 billion. Under all of the scenarios between the votes following the first serve Program, the Farmland Protec- we have run on our bill, the most we vote; that the vote sequence be as fol- tion Program, the Wildlife Habitat In- can see is about $16 billion in amber lows: Senator HARKIN be first; Senator centives Program. Those three pro- box payments. BURNS; Senator BURNS; and then Sen- grams, I might add, are all out of Now I have heard—I will admit I have ator WELLSTONE; that if any amend- money right now. So every day we do not heard it lately, but last December ment is not disposed of after the first not pass this farm bill and get it I heard a lot of talk from the adminis- vote, they remain debatable and through, none of those programs will tration and the Department of Agri- amendable. be funded. The PRESIDING OFFICER (Ms. STA- culture that somehow what we had in We made a large increase for the BENOW). Is there objection? our bill would bump us up against the EQIP, the Environmental Quality In- Mr. LUGAR. Madam President, re- WTO limits, and that would take us to centives Program, and I think im- serving the right to object, I think the court and all kinds of dire things would proved that substantially for livestock, agreement is an excellent one. I simply happen. At that time, I challenged dairy, and poultry producers. want to raise the question with the dis- those who were making such state- Our main emphasis in conservation tinguished Senator. After Chairman ments to come forward and give us the in this bill has been on land in agricul- HARKIN has completed his opening proof, give us the data, show us what tural production. I believe that is statement, I would like to make an they mean, how we were going to bump where our focus should be, and the Sen- opening statement before we proceed to up against the $19 billion limit. Well, I ate bill reflects that. It contains the the amendments. have been waiting since then. I still do new Conservation Security Program, Mr. REID. I think that would be en- not have it. which will provide incentive payments tirely appropriate. Does the Senator for maintaining existing and adopting So I said at the time, if the adminis- request up to half an hour? new conservation practices on lands tration keeps saying this, then I am Mr. LUGAR. That would be adequate, that remain in production. Thus, it simply going to have to call another yes. does both, promotes conservation and hearing of the Agriculture Committee Mr. REID. I further ask unanimous supports farm income. and we will have to have the Secretary consent—the only change that has been The other good thing about it is that of Agriculture down to tell us. If they brought to my attention by the staff on it is fully within the WTO green box. have data, I would like to see it. I both sides—that the language be that So whatever we spend to help support think the fact is that it is not so. Even ‘‘no other amendments be in order farm income does not bump up against if we do get up around $16 billion or $17 prior to the votes in relation to the our WTO limits. billion, so what? That is well within above listed amendment’’ rather than One other thing I will mention before our limit. ‘‘the disposition of the above listed I yield the floor is what I said before, It seems to me there is some thought amendments.’’ in December—I think I may have said we ought to be down around $10 billion The PRESIDING OFFICER. Is there it in committee, too: If this farm bill or less. I say, why? Do you think the objection? devolves into being a commodity bill, Europeans would do that? Of course Mr. HARKIN. A point of clarifica- then I think we will do a great dis- not. They are going to be right up to tion: Is that 40 minutes on each of the service to our farmers and to all of their limits under the WTO. Burns amendments? America because we will have narrowed Well, we are not even that close. We Mr. REID. Forty minutes total. the farm bill to a very small scope of are still quite a bit under the limit. All Mr. LUGAR. I have a question for the people who produce storable commod- I can say is, if we ever got to the point distinguished manager. Then we would ities. I think the farm bill is much where our payments would bump up have four stacked votes? Members broader than that. It speaks not only against that $19.1 billion, we would be could anticipate, once we begin voting, to those who produce the food and fiber in such bad shape that the WTO would there will be four votes? and to those who produce our live- be the least of our worries. Mr. REID. Probably around 4 p.m. stock, but also to those who produce

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S405 fruits and vegetables, specialty crops, most affordable and steady food supply zation and our other trading partners. orchards, many of the items we buy in of any country in the world. Some Senators might say that is the our grocery stores that do not come That is why this bill is so important tough luck of anybody else who hap- from row crops. and why we have to move this bill. I pens to stand in our way; this is the And it is even more than that. It is think it does no one any good to con- United States of America, and if we rural economic development. It is tinue a filibuster or delay. I am hopeful want to spend money on our farmers, small towns and communities. It is with the breakthrough we had this by golly, we ought to do that—leaving making sure we have jobs and eco- afternoon with these four amendments, aside whether we run into conflict that nomic opportunity in our small towns. we look forward tomorrow to con- is likely to lead to lawsuits, less ex- This bill has a very strong rural eco- tinuing to debate some amendments. I ports, and blockages that are already nomic development portion to it. There hope some time, perhaps even later considerable with foreign trading part- are even things in the bill to get today, we can reach an agreement on a ners. broadband access to our small towns finite list of amendments, and how Clearly, in most of our debates on ag- and communities. much time. Then we will know exactly riculture, we are in agreement that if I happened to meet a farmer this when we will finish the farm bill and farm income is going to go up substan- morning from northwest Iowa. I asked get to conference and get it to the tially in the United States, it will have him what he was doing here. He said President as soon as possible. to be through exports because we have his wife was here on a business trip and I yield the floor. a market in the United States which is he was accompanying her and sort of The PRESIDING OFFICER. The Sen- often termed mature. There is only so relaxing a little bit, going down to the ator from Indiana. much food that we can consume in the Smithsonian and coming to watching Mr. LUGAR. Madam President, I ap- United States of America. Even though the Senate—things like that. preciate the excellent statement by the we must do a better job with our food I asked him what kind of business his distinguished chairman of our com- pantries, with feeding programs—and wife is in. Well, it is over my head, but mittee. I join him in attempting to this farm bill does address those issues it has something to do with computers work constructively for completion of and they are important for low-income and software. So I got to thinking a good piece of legislation. Americans and for those who are unfor- about that and thinking, here is some- There is broad agreement among tunate—the fact is, given the produc- one who lives in a small town in north- Members of the Senate Committee on tive capability of American agri- west Iowa doing a job that normally Agriculture, Nutrition, and Forestry, culture, we have to move the product. might be done in a large city. Now, on the titles, aside from the com- In order to move the product, we again, the problem is getting modity title. We have had amendments have tried to work with other nations broadband access so that they have all that have pertained to the other title under an agreement called the World of the access to the Internet in a high- and some may still be heard from Trade Organization. That gives us speed setting. We can develop those Members who were not a part of our some certainty of legal status in other types of job opportunities for people committee deliberations. countries. If they complain and were to who live on our farms in rural Amer- Clearly, the bill before the Senate take action to stop our exports, we ica. That is in this bill, too. does excellent things in the area of have an action to get moving, to move Commodities, yes, but it is broader conservation, possibly a credit for this through arbitration or decisions of than that. Rural economic develop- young farmers, rural development, nu- the World Trade Organization. Most ment, as I mentioned, is so important. trition, agricultural development, to people in the agricultural business un- That is why in this bill we have a try to get jobs in rural America for derstand that. treasury equity fund, a rural business people not engaged in farming. What is in dispute is whether the investment program to support equity This is why I regret that the com- Harkin-Daschle bill now before the groups. We have a national rural coop- modity section, as it now stands, seems Senate bumps up against the ceilings erative and business equity fund to try to me to be a considerable step back- or, in fact, goes through them. The dis- to get equity capital to rural areas so ward. I am not going to engage in ex- tinguished chairman has said in his we can promote the kind of business travagant language about the situa- best calculation, in fact, we are well development we need. We have a four- tion. Honest Senators can differ as to below the ceiling, in a safety margin. fold increase in the value-added agri- the implications of this. One good rea- However, if the FAPRI is not so asser- cultural product market development son the Senate chose not to pass legis- tive, and I read from page 7 of the No- grants. These grants help develop solid lation before Christmas was that this vember 2000 report: value-added enterprises owned by agri- disagreement pertains to a lot of farm- Under the Uruguay Round Agreement on cultural producers. The business and ers and other Senators who are not Agriculture, the United States agreed to industry loan guarantee program is im- farmers wanted to take a second and limit spending on domestic support programs proved. We provide $100 million a year third look at this legislation. that are considered trade distorting to $19.1 for broadband Internet access to our I want to talk during these informal billion per year. small town communities. remarks at the beginning of our session We made that agreement. This is a broadly based bill. I not today about the prospect of some who Given the structure of the proposed policy even touched on the enhanced nutri- are well informed who have looked at changes, we calculate a 30.3 percent chance tion, forestry, or trade programs. We our work so we might improve it that the United States will exceed this limit put more funds and guidance and direc- through the amendment process we are in the 2002 marketing year. tion into the foreign market develop- about to undertake. I mention, first of This is the marketing year that will ment program and the foreign market all, a report by the Food and Agricul- begin later this calendar year after the access program. We enhance our trad- tural Policy Research Institute, well- 2002 crops are harvested this fall. ing abilities. For forestry, we have new known to Members of our Agriculture Over the projection period, price increases language and new programs to provide Committee, and, I think, to the general result in smaller marketing loan expendi- more support for the private forests public as an extraordinarily reputable tures, which will tend to decrease this prob- and renewable forestry incentives. agricultural institution at the Univer- ability. But the counter-cyclical program be- There is a lot more than just com- sity of Missouri and Iowa State Univer- gins payments in the 2004 marketing year, modities in this bill. That is as it sity. I cite specifically their report of essentially replacing green box expendi- should be. Agriculture touches every- November 2001, at the time we were tures. . .with amber box expenditures. one in America. It is more than just last deliberating on the farm bill, on Those are ones that become more that one person on a farm. It is people the trade issues. dangerous in the calculations. all up and down the food chain: our The distinguished chairman has men- This substitute increases the probability processors, shippers, wholesalers, gro- tioned the attempt by the committee that the U.S. exceeds its WTO limits. cery stores, and consumers. We have to stay clear of ceilings that might I mention that because clearly this put a lot in here to protect consumers, lead the United States to severe dif- can still be remedied. We are in the to make sure we have the safest and ficulties with the World Trade Organi- course of having a debate in which

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S406 CONGRESSIONAL RECORD — SENATE February 6, 2002 other Senators or other institutes may or the Budget Committees have agreed which prolongs and deepens the price de- make calculations. But I am sug- to. In any event, we will address that, cline. Second: The value of the subsidies in- gesting that we have a serious point of I am certain, in several amendments creases the prices of agricultural land by jeopardy here that may not be well un- that will reduce that sum of money in about 20 percent, according to the Agri- culture Department. This raises the pur- derstood by Senators. That is why in the first 5 years. chase prices for new farmers or lease pay- this opening statement I move, not to A more comprehensive critique of ments for farmers who rent their fields. what we have been doing appeared in the rhetoric of my colleagues, but rath- We found in the USDA report this the Washington Post this morning. It er to an independent organization that year, 42 percent of farmers are, in fact, appeared earlier in Newsweek maga- is in a position to make informed com- renters. ment on this. zine under the byline of the noted econ- We have a further problem that is omist Robert J. Samuelson. I wish to About 45 percent of crop land is leased [ac- cording to Samuelson] as opposed to the 42 posed simply by the way this bill is quote directly from some of the para- percent USDA suggested. And of course, structured in the payments. I cite an graphs of economist Samuelson’s anal- there’s this question: Why should govern- article by Philip Brasher of the Associ- ysis. ment stabilize farmers’ incomes? It doesn’t ated Press, dated today, in which he He starts with the proposition: stabilize incomes of plumbers, print shops or points out: Government programs are, for all practical most businesses. A Democratic-backed farm bill pending in purposes, immortal. Despite farm programs’ nonexistent public the Senate would use an estimated $45 bil- Perhaps so and perhaps not. But then benefits, Congress routinely extends the pro- grams for political reasons. On the public-re- lion by the end of 2006 he offers as evidence of this. This is of the $73.5 billion in new lations front, farmers are thought to be Anyone who doubts this last proposition hard-working and, therefore, deserving. spending over a 10-year period of time should examine the farm subsidy programs, Somehow, it seems unfair to withdraw a gov- that has been often mentioned—leaving which are the classic example of how unnec- ernment benefit they’re accustomed to re- but $28.5 billion for the remaining 5 essary spending survives. Here is a parable ceiving. And if farm programs didn’t exist, years. The problem comes up that the for our larger budget predicament. Every the congressional agriculture committees year the government sends out checks to Department of Agriculture has spoken, would be less powerful. So would various about 700,000 to 900,000 farmers. Since 1978, farm lobbies and interest groups. They all through the Secretary, Ann Veneman, federal outlays to support farmers’ incomes who said, again yesterday, that the have an interest in perpetuating the sub- have exceeded $300 billion. How large is that? sidies. Finally, there’s control of Congress. money should be distributed evenly Well, the publicly held federal debt (the re- over the 10-year period of time. sult of past budget deficits) is about $3.3 tril- At this point, Mr. Samuelson quotes Secretary Veneman says: lion. The past 23 years of farm subsidies me. So this quote was my own. We feel strongly that we shouldn’t front- equal almost 10 percent of the debt. ‘‘The main factor is a concern among law- load a farm bill. But wait: Congress is about to expand the makers of both parties that power in Con- subsidies. The Congressional Budget Office gress could hinge on a few races in heavily Let me mention that this is a fairly estimates that new farm legislation would large sum of money. Just a quick divi- subsidized agricultural regions,’’ Sen. RICH- increase costs by $65 billion over a 10-year ARD LUGAR, Republican of Indiana, bravely sion of the $73.5 billion, if one agrees period, on top of the $128.5 billion of existing wrote in The New York Times. ‘‘If either that much more on top of the baseline programs. (And these figures exclude costs party stands in the way of this largesse, they ought to be spent, would mean if we for agricultural research, trade and nutri- risk being labeled the ‘anti-farm party’ and were to have fairly level payments, our tional programs.) The Republican-controlled targeted with sentimental imagery associ- work should come out at something House has passed one version; the Demo- ated with farm failures.’’ less than $37 billion. cratic-controlled Senate is about to debate a Back to Samuelson: The Daschle-Harkin bill amounts to slightly different version. And the Bush ad- ministration has supported what it calls the Farm subsidies are huge political bribes. $45 billion now. Some others have cited bill’s ‘‘generous’’ funding levels. ‘‘Extrava- Though they’re perfectly legal, the ethics figures between $42 billion and $43 bil- gant’’ would be more like it. are questionable. The trouble is that hardly lion. It would appear to be $5 billion or Government spending should reflect some anyone raises the questions. The silence de- $6 billion too rich in the first 5 years. ‘‘public interest.’’ For farm subsidies, this is fines Washington’s self-serving and hypo- It got that way through a number of hard to find. critical ‘‘morality.’’ Everyone in Congress is compromises. Let’s examine the possibilities. Do we need justifiably outraged these days by Enron’s I sympathize with the distinguished subsidies to ensure food production? No. The collapse and the losses for workers and in- vestors. But the same legislators will vote chairman of the committee who must subsidies go mainly for wheat, corn, rice, cotton, soybean and airy production, rep- for massive giveaways of billions of dollars entertain all sorts of suggestions from resenting about a third of U.S. farm output. to farmers without any sense of shame or people who come in and have enthu- The rest (beef, pork, chicken, vegetables, outrage. There is no inkling that they might siasm for doing it now, but I would fruits) receive no direct subsidies. Has any- be plundering the public purse and doing point out one reason for not moving one noticed shortages of chicken, lettuce, wrong. (The press is guilty of similar hypoc- ahead in November or December, with carrots or bacon? The idea that, without sub- risy. Farm subsidies excite casual, intermit- the farm bill, is that, obviously, we sidies, America wouldn’t produce ample tent curiosity. have a disagreement. wheat for bread, milk for ice cream or corn I am hopeful that these remarks will One may say the Secretary of Agri- for animal feed is absurd. Before the 1930s no excite both Senators and the press be- culture is entitled to her opinion and federal subsides existed, yet annual wheat cause I think we are on the threshold production rose 77 percent to 887 million we may be entitled to ours. If we want bushels from 1880 to 1930. of a very large mistake in the com- to stack the $73.5 billion, $50 billion in Do subsidies ‘‘save the small family farm’’? modity section. the first 5 years, that is up to us. But In the 1930s, or even 1950s, this argument I have made these points before, but on the other hand, at this point the ad- might have been plausible. No more. Mecha- let me tick through them quickly. ministration has indicated the $73.5 bil- nization and better seed varieties have pro- One problem with the farm bill that lion is available, that the budget as- moted farm consolidation. In 1935 there were now lies before us is that it does in- sumptions that have been made are the 6.8 million farms. In 1997 there were 1.9 mil- crease subsidies very substantially. lion and, of these, about 350,000 accounted for From the beginning of the debate, ones that have been followed through, almost 90 percent of farm production. These and, indeed, the President’s budget farms had at least $100,000 in sales. About 42 the suggestion has been that the Budg- submission includes this. percent of food production came from farms et Committee set aside $73.5 billion for But she is saying maybe enough is with $1 million or more in sales. Countless additional farm subsidies over the next enough. We don’t want to spend any newspaper stories complain that subsidies go 10 years. The dilemma here is that the more of that money in the first half be- overwhelmingly to large, wealthy farmers. subsidies will create incentives for cause that is going to make for a very But given the distribution of food produc- more production. They are production difficult period following that, in tion, they must go to large farmers—unless based. The more bushels, the more dol- which the suggestions of Senators will government decides to subsidize farmers who lars for the farmer who produces the essentially don’t farm. be: Let’s at least do what we have been Do subsidies stabilize farm incomes, offset- bushels. As a result, unless El Nino, or doing before. At that point we have a ting period of low prices? Not much. There some extraordinary weather phe- much richer product over the 10-year are two problems. First: When crop prices nomenon such as a comet crash, or period of time than the administration drop, the subsidies promote overproduction, something of that variety occurs, it is

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S407 very predictable that production of the since 1956—and at least two situations paign talked about and promised but five basic row crops—cotton, rice, soy- of crash and burn. I can recall—I think clearly are not going to occur so long beans, corn, and wheat—will increase most Senators who are following this as our Government is running huge very substantially over the next 5 in our committee will recall—the boom deficits. years. Perhaps export demand will es- of the 1970s in which those of us who We are doing the deficits because we calate rapidly. Perhaps we will do the had land throughout that greater time have a war on. And that is proper be- things we need to do and evade the saw an increase of two or three times cause terrorists hit our country on blockages of the World Trade Organiza- the value only to see 50 or 60 percent of September the 11th. But that is the tion and our trading partners that for that stripped away in the early years country in which we live. Agriculture the moment are outraged by this bill. of the 1980s. is not divorced from that which is our Letters I have received from ambas- Why is it that we are failing by going country. It is not another world in sadors from friendly trading coun- through this history again and again? which we deal with a very few farmers, tries—the Australian Ambassador, for We do it because our programs almost maybe 4 percent of the people who are example, or Commissioner Fisher of mandate it. USDA’s 120-page booklet doing business. the EU, and others—point out very goes through chapter and verse about How farmers could get into such a troubled waters ahead. But perhaps we how it happens. It is no mystery. predicament is easily predictable, will overcome that. I hope we will be- The problem is, for young farmers given the types of policies we are about cause there is no way out of the box looking into this, it is a tragedy in to formulate; albeit, telling the farm- unless we export a whole lot more to terms of entry. For 42 percent of our ers: We are doing it for you and we meet the production gains we are going farmers who rent, it is a tragedy be- want your support. to have. cause their rents go up. That is a big If farmers ever figure this out, we The genius of American agriculture percentage. will not have their support. They will is that the yields continue year by Whether Members understand who wonder how misguided we could have year. That is the potential salvation the farmers are in their States or not, been. for feeding people all over the world. the farmers understand their predica- We have been through these argu- But between now and then, the ques- ment, and the 60 percent who are get- ments several times. I appreciate the tion is, How do we get the product out ting nothing understand that zero. By indulgence of my colleagues in listen- of the country? Failure to do that will now, given the Environmental Working ing to them again. But we do have a lead to oversupply in the country and Group site, the rest of the farmers un- second chance. Thank goodness we did lower prices. That will trigger higher derstand who the 10 percent are who not adopt this legislation in subsidies. This is what countercyclical are getting two-thirds of what happens unamended form in November or De- is all about. It never counters, it goes in their States. They have them listed cember because we will be coming into one way —down. by name. That is new. And a good num- conference with a House bill that, in If that were all of it, that would be ber of farmers are suggesting is not fair my judgment, is equally disastrous. bad enough. But the problem is that because it is an intrusion of Govern- Madam President, with these only 40 percent or fewer of American ment payments. It is an intrusion be- thoughts in mind, I hope we can pro- farmers are going to receive any of cause in some cases farmers have been ceed through the amendments in an or- these subsidies. That is the nature of receiving hundreds of thousands of dol- derly way. I promise to work with the the row crop situation. lars a year. distinguished chairman to make that Sixty percent—three-fifths—a major- I don’t go into the extraordinary so. ity of farmers, really have no interest cases of movie stars, basketball play- We are now getting the ideas from all in these subsidies at all. At least they ers, universities, and so forth. After of our Senators on this side of the are not going to receive them. That is all, under the rules of the game, they aisle. I understand that is occurring not widely understood among farmers, own the land and they produce the with the chairman. Hopefully, we will quite apart from the public as a whole. stuff. Nevertheless, there are some have a finite list of amendments and The public as a whole, when they hear anomalies here that have not been have an idea of a roadmap for a suc- of that, say: How can this be? This is taken well. cessful conclusion. the way the program started in the The predicament is that we have a Madam President, I suggest the ab- 1930s, and it has been perpetuated. farm bill as it stands before us, before sence of a quorum. That is not the half of it. Take this 40 we start amending it, that, in my judg- The PRESIDING OFFICER. The percent. The statistics show in State ment, almost guarantees lower prices, clerk will call the roll. after State over two-thirds of the guarantees larger payments, and the The assistant legislative clerk pro- money—just in this 40 percent—goes to payments we know go to very few peo- ceeded to call the roll. this 10 percent of the 40. The 4 percent ple. They are huge. Mr. HARKIN. Madam President, I is the total. Stated another way, we In November and December, I made ask unanimous consent the order for are now down to 60 percent at zero, and the point—and I will make it even the quorum call be rescinded. 10 percent of the 40, or 4 percent, are more forcefully now—that this debate The PRESIDING OFFICER. Without getting about two-thirds of all the occurs in almost an ‘‘Alice in Wonder- objection, it is so ordered. money. The public say, that is prepos- land’’ situation in which somehow we AMENDMENT NO. 2604 terous; how in the world can people in can talk about farm policy as if it were Mr. HARKIN. Madam President, par- a democratic legislative body skew the totally divorced from the budget of the liamentary inquiry: What is the busi- payments in such a distorted manner U.S. Government or from the needs of ness before the Senate at this time? that 4 percent of the farms get two- ordinary people. The PRESIDING OFFICER. The Sen- thirds of all the results? We are doing The distinguished chairman of the ator’s amendment No. 2604 with a 30- it. We have done it, and we are about Budget Committee, Senator CONRAD, minute time limit. to compound it. and others on the committee have Mr. HARKIN. With a 30-minute time It is no wonder that small farmers go pointed out that the billions of dollars limit? out of business. These bills guarantee in deficit that we are now piling up are The PRESIDING OFFICER. That is it. The same Senators on the floor taken out of the Social Security funds. correct. today who will say, What about the That is now clear. We are in deficit fi- Mr. HARKIN. Madam President, I small family farmer, and what about nance. We are not in surpluses. This is yield myself such time as I may con- the medium-sized family farmer—I am not free money. Social Security recipi- sume. here to tell you that farmer is not ents surely understand that the $73.5 Madam President, this amendment is going to do well under this bill. Land billion is coming out of the Social Se- cosponsored by Senators GRASSLEY, prices will continue to go up. I do not curity fund. It is money that could be FEINGOLD, WELLSTONE, and ENZI. This predict a bubble. Nevertheless, in my spent perhaps for reform of Medicare, is the livestock production contract own farm situation, I have witnessed prescription drugs for the elderly, and amendment that I offered in December. management—I have owned farms other items that most of us in our cam- This amendment furthers one of the

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S408 CONGRESSIONAL RECORD — SENATE February 6, 2002 most important goals of this farm bill, conduct because, like a franchisee, AMENDMENT NO. 2608, AS MODIFIED and that is to promote competition. they tend to make large investments On page 212, strike lines 13 through 15 and We had a competition title in the to enter into a contract, and then they insert the following: original farm bill I introduced in the feel constrained to endure unfair treat- reduce the amount of payments made by the committee. Two other amendments ment because of their large capital in- Secretary for other practices under the con- have already been adopted: Senator vestments. servation reserve program. ‘‘(j) PER-ACRE PAYMENT LEVELS.— FEINGOLD’s amendment prohibiting Basically, the amendment would ‘‘(1) IN GENERAL.—Not later than 1 year mandatory arbitration in livestock allow a producer to share his or her after the date of enactment of this sub- contracts, and Senator JOHNSON’s contract with their attorney, business section, the Secretary shall conduct a study amendment on packer ownership. adviser, landlord, manager, family, and to determine, and promulgate regulations My amendment will address yet one State and Federal agencies charged that establish in accordance with paragraph more issue in the competition arena, with protecting parties to the contract. (2), per-acre values for payments for various categories of land enrolled in the conserva- and that is livestock production con- The amendment does not require tracts and the right to discuss con- tion reserve program. anyone to share the contract if they do ‘‘(2) VALUES.—In carrying out paragraph tracts with close advisers. not want to. And it does not say the The amendment does two things: It (1), the Secretary shall ensure that— contract should be made public in any closes a loophole in the Packers and ‘‘(A) the per-acre value for highly erodible way. The provision even allows con- land or other sensitive land (as determined Stockyards Act by including livestock tracts between a contractor and farmer by the Secretary) that is not suitable for ag- production contracts under its jurisdic- ricultural production; is greater than tion; and, secondly, it provides live- to prohibit farmers from sharing a con- tract with their neighbors or the con- ‘‘(B) the per-acre value for land that is stock producers the ability to discuss suitable for agricultural production (as de- tractor’s competitors, for example. terms of their contracts with certain termined by the Secretary). people, such as their attorney, banker, So, again, the amendment enjoys ‘‘(3) EXPENDITURE OF FUNDS.—In deter- landlord, and Government agencies broad support. The American Farm Bu- mining the per-acre values for land under charged with protecting a party to the reau Federation and the National paragraph (2), the Secretary shall ensure, to contract. Farmers’ Union—the two largest gen- the maximum extent practicable, that the Livestock production contracting is eral farm organizations—as well as doz- per-acre values are such that the total amount of payments under the program an arrangement between a packer or ens of other farm and consumer groups, support the amendment. under this subchapter made in accordance another owner of livestock and a farm- with those values will not exceed the amount er. The basic contract requires a farm- It is bipartisan. As I mentioned, made available to carry out the program for er to provide the buildings, the equip- there is support on both sides of the the fiscal year in which the payments are ment, and the labor to raise the live- aisle for this amendment. I am hopeful made.’’. stock; and the livestock is owned by we can adopt the amendment. someone else, the contractor. AMENDMENT NO. 2607, AS MODIFIED; AMENDMENT AMENDMENT NO. 2602, AS MODIFIED This type of arrangement differs NO. 2608, AS MODIFIED; AND AMENDMENT NO. Beginning on page 226, strike line 1 and all from the traditional livestock industry 2602, AS MODIFIED that follows through page 235, line 6 and in- structure where the farmer both owned Mr. HARKIN. Madam President, I sert the following: ‘‘(4) LARGE CONFINED LIVESTOCK FEEDING and raised the livestock. In the poultry ask unanimous consent that amend- OPERATIONS.— sector, production contracting is near- ment Nos. 2607 and 2608 be modified (A) DEFINITION OF LARGE CONFINED LIVE- ly universal and, I might add, has been with the text at the desk, and that STOCK FEEDING OPERATION.—In this para- covered by the Packers and Stockyards Wellstone amendment No. 2602 be graph: Act since 1935. It is becoming more modified with the text of amendment (i) IN GENERAL.—The term ‘large confined prevalent in hogs, and is growing in the No. 2631. livestock feeding operation’ means a con- cattle industry. The PRESIDING OFFICER. Is there fined livestock feeding operation’ means a What this amendment would do is objection? confined livestock feeding operation de- signed to confine 1,000 or more animal equiv- protect livestock production growers The Chair hears none, and it is so or- from unfair and deceptive acts. The alent units (as defined by the Secretary). dered. (I) WAIVER.—The Secretary may on a case same type of fairness rules are common The amendments (No. 2607, as modi- by case basis grant states a waiver from the in other markets where people are fied; No. 2608, as modified; and No. 2602, requirement in (4)(A)(i), of this section, in threatened by inequitable bargaining as modified) are as follows: accordance with Volume 62, No. 99 of the positions. For instance, Federal law af- Federal Register. AMENDMENT NO. 2607, AS MODIFIED fords similar protections to produce (ii) MULTIPLE LOCATIONS.—In determining and vegetable growers, automobile On page 205, strike lines 8 through 11 and the number of animal unit equivalents of the dealers, gasoline franchisees, indi- insert the following: operation of a producer under clause (i), the vidual securities investors, and live- (c) MAXIMUM ENROLLMENT.—Section 1231(d) animals confined by the producer in confine- of the Food Security Act of 1985 (16 U.S.C. ment facilities at all locations (including the stock farmers who own the livestock. 3831(d)) is amended— Currently, the Packers and Stock- producer’s proportionate share in any jointly (1) by striking ‘‘The Secretary’’ and insert- owned facility) shall be counted. yards Act provides protections for ing the following: (B) NEW OR EXPANDED OPERATIONS.—Sub- farmers who sell livestock to packers. ‘‘(1) IN GENERAL.—Subject to paragraph (3), ject to (4)(A)(i)(I) of this section, a producer That has been in the law since 1921. But the Secretary’’; shall not be eligible for cost-share payments the act does not protect those who (2) by striking ‘‘36,400,000’’ and inserting for any portion of a storage or treatment fa- raise livestock, under a production ‘‘41,100,000’’; and cility, or associated waste transport or contract, for someone else. The amend- (3) by adding at the end the following: treatment device, to manage manure, proc- ment would close this loophole. Cur- ‘‘(2) PER-FARM LIMITATION.—In the case of a ess wastewater, or other animal waste gen- contract entered into on or after the date of rent law does not fit current practice. erated by a large confined livestock feeding enactment of this paragraph, or in the case operation, if the operation is a confined live- Production contracts, as I said, are be- of a contract entered into before that date stock operations that— coming more common. that expires on or after that date, an owner (i) is established as a large confined live- In 1990—just 11, 12 years ago—produc- or operator may enroll not more than 50 per- stock operation after the date of enactment tion contracting in the hog industry cent of the eligible land (as described in sub- of this paragraph; or was almost unheard of. By the year section (b)) of an agricultural operation of (ii) becomes a large confined livestock op- 2000, 34 percent of hogs were raised the owner or operator in the program under eration after the date of enactment of this under production contracts. this subchapter. paragraph by expanding the capacity of the So again, farmers and ranchers need ‘‘(3) EXPENDITURE OF FUNDS.—In carrying operation to confine livestock. this amendment because the consolida- out this subsection, the Secretary shall en- (C) MODIFICATION OF OPERATION.—A modi- sure, to the maximum extent practicable, fication of a large confined livestock oper- tion and vertical integration of the that the total amount of payments made ation shall not be considered an expansion markets are providing them an under the program under this subchapter under subparagraph (B)(ii) of this section, if unequitable bargaining position. does not exceed the amount made available as determined by the Secretary, the modi- Livestock production contract grow- to carry out the program for the fiscal year fication involves— ers are the ones most at risk of unfair in which the payments are made.’’. (i) adoption of a new technology;

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S409 (ii) improved efficiency in the functioning (II) the costs that the Secretary would (D) an innovative technology in connection of the operation or, have manned in providing the technical as- with a structural practice or land manage- (iii) reorganization of the status of the en- sistance; and ment practice. tity; and (III) the costs incurred by the private pro- SEC. 1240D. DUTIES OF PRODUCERS. (iv) the capacity of the operation to con- vider in providing the technical assistance. (a) To receive technical assistance, cost- fine livestock is not increased. (D) ELIGIBLE PRACTICES.—The Secretary share payments, or incentive payments (D) MULTIPLE OPERATIONS.—A producer may determine, on a case by case basis, under the program, a producer shall agree— that has an interest in more than 1 large whether the development of a comprehensive (1) to implement an environmental quality confined livestock operation shall not be eli- nutrient management plan is eligible for an incentives program plan that describes con- gible for more than 1 contract under this sec- incentive payment under this paragraph. servation and environmental purposes to be tion for cost-share payments for a storage or (E) CERTIFICATION BY SECRETARY.— achieved through 1 or more practices that treatment facility, or associated waste (i) IN GENERAL.—Only persons that have are approved by the Secretary; transport or transfer device, to manage ma- been certified by the Secretary under section (2) not to conduct any practices on the nure, process wastewater, or other animal 1244(f)(3) shall be eligible to provide tech- farm or ranch that would tend to defeat the waste generated by the large confined live- nical assistance under this subsection. purposes of the program; stock feeding operation. (ii) QUALITY ASSURANCE.—The Secretary (3) on the violation of a term or condition (E) FLOOD PLAIN SITTING.—Cost-share pay- shall ensure that certified providers are ca- of the contract at any time the producer has ments shall not be available for structural pable of providing technical assistance re- control of the land— practices for a storage or treatment facility, garding comprehensive nutrient manage- (A) if the Secretary determines that the or associated waste transport device, to ment in a manner that meets the specifica- violation warrants termination of the con- manage manure process wastewater, or other tions and guidelines of the Secretary and tract— animal waste generated by a confined live- that meets the needs of producers under the (i) to forfeit all rights to receive payments stock operation if program. under the contract; and (i) the structural practices are located in a (F) ADVANCE PAYMENT.—On the determina- (ii) to refund to the Secretary all or a por- 100-year flood plain; and tion of the Secretary that the proposed com- tion of the payments received by the owner (ii) the confined livestock operation is a prehensive nutrient management of a pro- or operator under the contract, including confined livestock operation that is estab- ducer is eligible for an incentive payment, any interest on the payments, as determined lished after the date of enactment of this the producer may receive a partial advance by the Secretary, or paragraph. of the incentive payment in order to procure (B) if the Secretary determines that the (e) INCENTIVE PAYMENTS.—The Secretary the services of a certified provider. violation does not warrant termination of shall make incentive payments in an amount (G) FINAL PAYMENT.—The final installment the contract, to refund to the Secretary, or and at a rate determined by the Secretary to of the incentive payment shall be payable to accept adjustments to, the payments pro- be necessary to encourage a producer to per- a produce on presentation to the Secretary vided to the owner or operator, as the Sec- form 1 or more practices. of documentation that is satisfactory to the retary determines to be appropriate; (f) TECHNICAL ASSISTANCE.— Secretary and that demonstrates— (4) on the transfer of the right and interest (1) IN GENERAL.—The Secretary shall allo- (i) completion of the technical assistance; of the producer in land subject to the con- cate funding under the program for the pro- and tract, unless the transferee of the right and vision of technical assistance according to (ii) the actual cost of the technical assist- interest agrees with the Secretary to assume the purpose and projected cost for which the ance. all obligations of the contract, to refund all technical assistance is provided for a fiscal (g) MODIFICATION OR TERMINATION OF CON- cost-share payments and incentive payments year. TRACTS.— received under the program, as determined (1) VOLUNTARY MODIFICATION OR TERMI- (2) AMOUNT.—The allocated amount may by the Secretary; NATION.—The Secretary may modify or ter- vary according to— (5) to supply information as required by (A) the type of expertise required; minate a contract entered into with a pro- the Secretary to determine compliance with (B) the quantity of time involved; and ducer under this chapter if— the program plan and requirements of the (C) other factors as determined appropriate (A) the producer agrees to the modification program, and by the Secretary. or termination; and (6) to comply with such additional provi- (B) the Secretary determines that the (3)LIMITATION.—Funding for technical as- sions as the Secretary determines are nec- modification or termination is in the public sistance under the program shall not exceed essary to carry out the program plan. interest. the projected cost to the Secretary of the SEC. 1240E. ENVIRONMENTAL QUALITY INCEN- (2) INVOLUNTARY TERMINATION.—The Sec- technical assistance provided for a fiscal TIVES PROGRAM PLAN. retary may terminate a contract under this year. (a) IN GENERAL.—To be eligible to receive chapter if the Secretary determines that the (4) OTHER AUTHORITIES.—The receipt of technical assistance cost-share payments, or producer violated the contract. technical assistance under the program shall incentive payments under the program, a not affect the elgibility of the producer to SEC. 1240C. EVALUATION OF OFFERS AND PAY- producer of a livestock or agricultural oper- MENTS. receive technical assistance under other au- ation shall submit to the Secretary for ap- (a) IN GENERAL.—In evaluating applica- thorities of law available to the Secretary. proval a plan of operations that specifies tions for technical assistance, cost-share (5) INCENTIVE PAYMENTS FOR TECHNICAL AS- practices covered under the program, and is payments, and incentive payments, the Sec- SISTANCE.— based on such terms and conditions, as the retary shall accord a higher priority to as- (A) IN GENERAL.—A producer that is eligi- Secretary considers necessary to carry out sistance and payments that— ble to receive technical assistance for a prac- (1) maximize environmental benefits per the program, including a description of the tice involving the development of a com- dollar expended; and practices to be implemented and the pur- prehensive nutrient management plan may (2)(A) address national conservation prior- poses to be met by the implementation of obtain an incentive payment that can be ities, including— the plan, and in the case of confined live- used to obtain technical assistance associ- (i) meeting Federal, State, and local envi- stock feeding operations, development and ated with the development of any component ronmental purposes focused on protecting air implementation of a comprehensive nutrient of the comprehensive nutrient management and water quality, including assistance to management plan. plan. production systems and practices that avoid (b) AVOIDANCE OF DUPLICATION.—The Sec- (B) PURPOSE.—The purpose of the payment subjecting an operation to Federal, State, or retary shall, to the maximum extent prac- shall be to provide a producer the option of local environmental regulatory systems; ticable, eliminate duplication of planning ac- obtaining technical assistance for developing (ii) applications from livestock producers tivities under the program and comparable any component of a comprehensive a nutri- using managed grazing systems and other conservation programs. ent management plan from a certified pro- pasture and forage based systems; SEC. 1240F. DUTIES OF THE SECRETARY. vider. (iii) comprehensive nutrient management; (a) To the extent appropriate, the Sec- (C) PAYMENT.—The incentive payment (iv) water quality, particularly in impaired retary shall assist a producer in achieving shall be— watersheds; the conservation and environmental goals of (i) in addition to cost-share or incentive (v) soil erosion; a program plan by— payments that a producer would otherwise (vi) air quality; or (1) providing technical assistance in devel- receive for structural practices and land- (vii) pesticide and herbicide management oping and implementing the plan; management practices, or reduction; (2) providing technical assistance, cost- (ii) used only to procure technical assist- (B) are provided in conservation priority share payments, or incentive payments for ance from a certified provider that is nec- areas established under section 1230(c); developing and implementing 1 or more prac- essary to develop any component of a com- (C) are provided in special projects under tices, as appropriate; prehensive nutrient management plan; and section 1243(f)(4) with respect to which State (3) providing the producer with informa- (iii) in an amount determined appropriate or local governments have provided, or will tion, education, and training to aid in imple- by the Secretary, taking into account— provide, financial or technical assistance to mentation of the plan; and (I) the extent and complexity of the tech- producers for the same conservation or envi- (4) encouraging the producer to obtain nical assistance provided; ronmental purposes; or technical assistance, cost-share payments, or

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S410 CONGRESSIONAL RECORD — SENATE February 6, 2002 grants from other Federal, State, local, or But if you are in a situation where it pass this legislation and, as they are private sources. happens that 37 percent of the time and looking at their common agricultural SEC. 1240G. LIMITATION ON PAYMENTS. we exceed and we are retaliated program, which they are doing, they (a) IN GENERAL.—Subject to subsection (b), against, and that would be legal retal- are going to put off the big decisions of the total amount of cost share and incentive payments paid to a producer under this chap- iation and it would be retaliation at a reducing that until probably the year ter shall not exceed— time, presumably, we get high pay- 2005. (1) $30,000 for any fiscal year, regardless of ments, farmers are already in trouble In the process of our complaining to whether the producer has more than 1 con- or they wouldn’t get the additional them about they aren’t doing enough, tract under this chapter for the fiscal year, payments. So you could find yourself they are obviously going to cite not (2) $90,000 for a contract with a term of 3 in a situation where at the very time only what they believe the impact of years, our legislation is, but they are also (3) $120,000 for a contract with a term of 4 prices are going down, and we also have years, or the additional problems that we can’t going to cite that our legislation actu- (4) $150,000 for a contract with a term of export because we are being retaliated ally recognizes that as based upon this more than 4 years. against, that just at the time farmers paragraph on page 35 and based upon (b) ATTRIBUTION.—An individual or entity need the safety net, then that safety the House bill. shall not receive, directly or indirectly, total net has one great big hole in it. I don’t know why we don’t live in the payments from a single or multiple con- We need to find some way to protect real world and why we don’t try to deal tracts this chapter that exceed $30,000 for the American farmer so that the safety with this. I am not saying that in a any fiscal year. (c) EXCEPTION TO ANNUAL LIMIT.—The Sec- net the farmer has doesn’t have a big denigrating way to the Senator from retary may exceed the limitation on the an- hole in it. And we ought to also do it Indiana. I am just saying that in a nual amount of a payment to a producer because we are in the leadership of all commonsense approach because he rec- under subsection (a)(1) if the Secretary de- the nations of the world on reducing ognizes it. I suppose for the people who termines that a larger payment is— barriers to trade, particularly through write the bill, they don’t find an easy (1) essential to accomplish the land man- our work in the Cairns group of na- way to get out of it other than putting agement practice or structural practice for this paragraph and this language in the which the payment is made to the producer, tions. We are trying to get impedi- and ments to agricultural trade down to respective bills of the House and the (2) consistent with the maximization of en- zero, both from the standpoint of mar- Senate. This isn’t directed towards vironmental benefits per dollar expended and ket opening and from the standpoint of Democrats because Republicans have the purposes of this chapter. tariffs. That is our goal in the next put us in this boat as well. (d) VERIFICATION.—The Secretary shall round of negotiations under WTO. I know that the White House sees identify individuals and entities that are eli- If we are a nation in trade that be- this as a problem. They want us to gible for a payment under the program using lieves in the rule of law, we have to fol- work our way out of it. I happened to social security numbers and taxpayer identi- be able to have breakfast this morning fication numbers, respectively. low the rule of law. We anticipate we would be in trouble on that because of with the person who is going to succeed The PRESIDING OFFICER. Who the farm bill. It seems to me at a time Mr. Mooree as executive for the World yields time? Trade Organization, Dr. Supachai Mr. HARKIN. How much time does that we are talking about a safety net Panitchpakdi of Thailand. He is a par- the Senator want on this amendment? for farmers, we ought to do what we Mr. GRASSLEY. Could I have 10 min- can to make sure that hole is mended liamentarian there. He is going to take utes? before this bill leaves the Senate. If it over in September. He expressed this Mr. HARKIN. I yield the Senator 10 goes to the House and the House is concern to me as well. And, by the minutes. willing to ignore it, then where are we? way, his country is very much a partic- Mr. GRASSLEY. I am sorry, I did not We are in a situation where down the ipant in the Cairns group that wants to realize we were under time agreements. road 5 to 10 years, depending on how eliminate agricultural subsidies. He re- The PRESIDING OFFICER (Mr. HAR- long a farm bill we have, we have a big minded me, even though he has a small KIN). The Senator from Iowa. potential problem for the American country, his agricultural subsidies are Mr. GRASSLEY. Mr. President, I family farmer. When they need help, $1.3 billion compared to Europe’s $400 would like to go back to a very impor- they aren’t going to get it. We can’t go billion. But regardless, he says that it tant subject that the Senator from In- to the WTO and complain because we does not put the United States in a diana brought up, and that is whether ourselves have recognized the possi- very good position going into the Doha or not the bill is compliant in the fu- bility we might be in jeopardy. round of negotiations to be able to say ture with some of our World Trade Or- In this regard, since we are going to the other 142 nations, in particular, ganization obligations. into the negotiations in the WTO—they as we address the 77 developing nations I think it is very obvious that the start next week—I think, in the special within the World Trade Organization committee anticipated that it might round on agriculture that is going to that tend to be more protective about not be compliant because on page 35 of be discussed in Geneva, for example, their agriculture, and wanting to do the report there is a paragraph on the even the larger negotiations of the less in this area, it doesn’t put us in a Secretary of Agriculture doing an ad- Doha development round, we are hop- very good position if we are writing justment to farm payments if that be- ing to accomplish a great deal in re- legislation that we recognize is a po- comes a problem. ducing or eliminating tariff barriers tential violation of the world trading I cannot find fault with the writers of and tariffs on agricultural products. In organization because we are exceeding the legislation for putting this in here fact, it is such an important item, I the $19.1 billion that is in the amber because in the other body, in the House think eventually we are going to start box limit. bill—a Republican bill—they saw this referring to this as the agricultural I have put forth some suggested as a problem, too. round. We are going to set an example. amendments, a couple different ap- On page 131 of that House bill it says: We have always tried to set an exam- proaches that I would have to confess The Secretary may make adjustments ple. maybe don’t totally meet our require- in the amount of such expenditures Where we are, if we pass a bill that ments under the WTO, but I think tend during that period to ensure that such potentially violates WTO, we are giv- away from heavy reliance upon price expenditures do not exceed but in no ing encouragement to the competitor and heavy reliance upon production, case be less than such allowable levels. that we most have trouble with—Eu- which are the two items that if we tie To me, it is a very serious problem rope. Europe has about 85 percent of all our payments to tend to make us vio- we have; albeit, you might say it is of the subsidies for exports in the en- late amber box requirements. going to happen—if it happens at all— tire world. Europe has about a $400 bil- I want to work with both managers in a minority of the instances because, lion common agricultural program. of the bill and see what we can do as the Senator referred to FAPRI of We want that common agricultural about this. To repeat the two or three Iowa State and Missouri, you said you program reduced. I think Europe reasons why I want to work with them, think they said it would happen 30 per- knows they have to reduce it. We are because, No. 1, we brag about passing a cent of the time. going to be in a situation where we safety net for farmers, that safety net

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S411 should be a pretty certain safety net fundamental goal of agricultural producers. In essence, contracting is helpful in for the next 5 to 10 years, the length of The key to effectively managing risk in- managing risk. It is helpful, at least to the legislation. At a time when it is volves the use of creative risk management the buyer, to make certain of the qual- most needed, it should be most predict- tools. Farmers and ranchers have worked ity and quantity and the supply of with agribusiness firms to develop creative able what would happen. solutions for managing risk. Implementing what is required for the benefit of con- This language tells me that the these solutions requires capital investment, sumers down the trail. Therefore, I am bankers, to whom we are always listen- and to attract the necessary capital, firms hopeful that the amendment will not ing, have to know what the farm pro- must offer attractive rates of return. Statu- be adopted. I appreciate the spirit in gram is going to be so they can make tory and regulatory burdens that focus on which it has been offered. I hope Sen- loans to farmers. They are going to agriculture—ignoring the broader economy— ators will take seriously the arguments look at this and say: We really don’t inhibit the ability of agribusiness to attract I have presented and, even more impor- know. the necessary capital to stay competitive tantly, the arguments presented by the and provide innovative risk management so- The PRESIDING OFFICER. All time lutions. distinguished list of agricultural pro- has expired. Unique marketing opportunities and new ducers that authored the letter I cited. Mr. GRASSLEY. May I have 30 sec- products present premium opportunities for I yield the floor. onds? producers. Placing agriculture under an iso- (Mrs. CARNAHAN assumed the lated legal umbrella could well inhibit Mr. LUGAR. I am happy to yield 30 chair.) seconds of the opposition time. progress and limit the ability of agricultural Mr. HARKIN. Will the Senator yield Mr. GRASSLEY. No. 2, then, so that producers to adopt new and innovative sys- tems that increase profitability and sustain- for a mild colloquy? we maintain our leadership in this ef- ability. Modifying existing laws and statutes Mr. LUGAR. Yes. fort to reduce trade barriers. could segregate agriculture from the rest of The PRESIDING OFFICER. The Sen- the economy, causing capital flight and Mr. HARKIN. I ask the ranking mem- ator from Indiana is recognized. hurting long-term growth, investment, com- ber, is that the letter that came last Mr. LUGAR. Mr. President, may I petitiveness and success of agribusiness and fall or is it a new one? I am not famil- ask a question of the Chair? Is there 15 consequently American agriculture. iar with that. If that is the one—— minutes of opposition time, minus the Several state legislatures have taken steps Mr. LUGAR. It came in November of concession to the distinguished Sen- such as the ones we are concerned about, and last year. the results have been negative not only for ator from Iowa? agribusiness, but for producers as well. For Mr. HARKIN. I think that letter is The PRESIDING OFFICER. That is instance, South Dakota and Missouri passed just opposed to the whole competition correct. well-intentioned price discrimination legis- title that we had in the chairman’s Mr. LUGAR. Mr. President, the legis- lation that resulted in severe cash/spot mar- mark of the farm bill last fall. lation offered by the distinguished oc- ket disruptions, and Minnesota has passed Mr. LUGAR. I am sure the Senator is legislation that has hindered the availability cupant of the chair contains provisions correct. There are a number of aspects that respond, in my judgment, to a of some risk management and quality-based production contracts. of the competition title to which it number of unintended consequences for In this day and age, agriculture needs more would refer. the farm sector of our economy. capital and human investment in order to re- Mr. HARKIN. Yes. That is why this I believe it is a matter of fact that in main productive for the long term. The un- amendment I have offered is much order for Senators to have a pretty dersigned organizations will not support leg- more limited in scope than the broad good idea, at least, of how this amend- islation that would create unfair regulatory issue they were talking about. ment shapes up, a letter has come to burdens or cause scarce capital resources to me from a number of groups that are be diverted away from agriculture toward Mr. LUGAR. They cited contracting affected. Let me cite those groups. It other sectors of the economy. in that part of it specifically, but it Sincerely, was signed by the American Cotton covers, obviously, a much more com- American Cotton Shippers Association prehensive set of circumstances. Shippers Association; American Soy- American Soybean Association bean Association; National Cattlemen’s National Cattlemen’s Beef Association Mr. HARKIN. I wanted to make sure Beef Association; National Chicken National Chicken Council this wasn’t a different letter. I thank Council; National Corn Growers Asso- National Corn Growers Association the ranking member. National Cotton Council ciation; National Cotton Council; Na- National Pork Producers Council Madam President, when I took the tional Pork Producers Council; Na- National Sunflower Association chair, I had yielded some time to Sen- tional Sunflower Association; United National Turkey Federation ator GRASSLEY from Iowa. I thought he Egg Producers; U.S. Canola Associa- United Egg Producers was going to talk on this amendment. tion, and the Wheat Export Trade Com- U.S. Canola Association He wanted to talk on something else. I Wheat Export Trade Education Committee mittee. think my time has expired on this side. They have written the following let- I find merit in what has been sug- The PRESIDING OFFICER. The Sen- ter, which responds to the Senator’s gested by these groups. I regret that ator is correct. amendment: the amendment would add, in my judg- ment, burdens and costs, restrictions, Mr. HARKIN. Madam President, I The Senate Agriculture Committee may ask unanimous consent for 2 more min- soon be considering legislation as part of the and more regulations for producers. It appears to me the tools that have been utes to respond a little bit to the letter Farm Bill to address the issue of agricultural written. competition and concentration. This ex- created are, in fact, both innovative tremely broad legislation would give the and do help to manage risk. I hope they The PRESIDING OFFICER. Without U.S. Department of Agriculture unprece- will be perpetuated. objection, it is so ordered. dented authority to regulate corporate rela- Processors use contracting, which is Mr. HARKIN. I think, again, the let- tionships, commercial practices and con- a specific subject of the Senator’s ter that was read addressed the entire tracts for the production of agricultural amendment, to secure stable and con- competition title and it was com- commodities. prehensive. This amendment is much Tough laws already exist to ensure open sistent supplies of the products that and fair competition throughout the U.S. the market desires, as well as increas- more narrow. It only affects production economy—including agribusiness. The cur- ing operating efficiency. contracts in livestock. The letter does rent laws should be aggressively enforced. A Purdue University study of agri- not point out, nor have I heard any- Creating new laws in an already complex cultural contracting conveys the con- body point out, any specific negative regulatory environment is unnecessary and cern that legislation prohibiting or im- consequences that could occur from could result in serious unintended con- peding contracting in agriculture could this very limited type of amendment. sequences. Legislation limiting the ability of spur increased coordination in agri- This provides for fairness in production agribusiness to attract the needed capital for business. The study discusses the need contracting. It closes a loophole in the future development could harm the constitu- ents that this legislation is intended to for a contract in order for a process or Packers and Stockyards Act. That act serve. to guarantee a quality and consistent already covers production contracting Risk is an ever-present element of agri- product to consumers. I think that is in poultry and has since 1935, if I am culture and effectively managing risk is a the heart of the argument. not mistaken. But at that time there

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S412 CONGRESSIONAL RECORD — SENATE February 6, 2002 was no such thing as production con- duce the choke hold of the packers guished colleague, I yield back my tracting in other areas, such as live- have routinely disappeared in con- time on this issue. stock, cattle, and hogs, it was not ad- ference. It took years of work to get The PRESIDING OFFICER. All time dressed. Since then, production con- mandatory price reporting into law. is yielded back. tracting has become much more preva- However, we all know the packers are Mr. HARKIN. Madam President, par- lent in livestock. still withholding a fair amount of pric- liamentary inquiry: Under the unani- As I pointed out, in 1990, there wasn’t ing information from producers. mous consent agreement entered into such a thing. Now, 30 to 35 percent of Many of you may be wondering why some time ago, what is the next order all our hogs are raised under produc- these producers need protection from of business? tion contracts. If we will provide fair- their contractors. A production con- The PRESIDING OFFICER. The next ness rules for gasoline station owners, tract entails a large capital investment order of business is 40 minutes of de- for Dairy Queen owners, or securities to feed, shelter, and care for the live- bate on the two amendments by the dealers, or others that are franchisees, stock that the producer does not own. Senator from Montana. to give them a little bit of fairness in Many producers have suffered through Mr. HARKIN. I understand the Sen- their contracts, that is all we are try- unfair treatment because their con- ator from Montana will be in the ing to do with our cattle and hog pro- tract was too large to risk contending Chamber very shortly. Madam Presi- ducers. with the unfair practices. This great dent, I suggest the absence of a Again, this is to close the loophole in pressure from the contractor was also quorum. the Packers and Stockyards Act. I can- the reason the second part of the The PRESIDING OFFICER. The not imagine why our cattle producers amendment was included. clerk will call the roll. or any organization that represents The second portion of the amend- The assistant legislative clerk pro- them would be opposed to that. Who ment guarantees that the producers ceeded to call the roll. are they representing? What organiza- have the right to discuss the contract Mr. BURNS. Madam President, I ask tion is going to tell my farmers they with their business advisors, landlord, unanimous consent that the order for can’t have protections under the Pack- managers, family, and State and Fed- the quorum call be rescinded. ers and Stockyards Act like our poul- eral agencies charged with protecting The PRESIDING OFFICER. Without try producers do? parties to the contract. In States objection, it is so ordered. The packers, of course, want unlim- where producers already have this AMENDMENT NO. 2607, AS MODIFIED, AND ited power. All we are trying to do is right, the pressure and intimidation AMENDMENT NO. 2608, AS MODIFIED put in some fairness, and this amend- from contractors is so extreme pro- Mr. BURNS. Madam President, I ment does that. ducers forego sharing the contents of thank my ranking member. I assume I thank the Chair for yielding this their contracts. They fear retribution. my two amendments are in order. additional time. Other producers are given contracts Mr. LUGAR. The Senator is correct. I Mr. ENZI. Madam President, today I with secrecy clauses that prevent them yield to the Senator 20 minutes of the rise in support of the amendment of- from discussing the contract terms 40 minutes allocated for debate on the fered by Senator HARKIN. This amend- with individuals that could help pro- amendments for his control. ment puts ranchers with production tect their interests. Mr. BURNS. I thank my good friend contracts under the same umbrella of This amendment offers an overlooked from Indiana. I do not think I will take protections the Packers and Stock- group of livestock producers the same that much time because these amend- yards Act provides to other livestock protections others in their industry al- ments were pretty well discussed prior producers. Producers with production ready have. They would be protected to the holiday break. contracts, excluding those that raise from unfair and deceptive acts and There was some question about a poultry, are not included in the Pack- given the right to discuss their con- budgetary point of order. I have since ers and Stockyards Act. They are not tracts with certain individuals. I urge modified these amendments, and they protected from unfair and deceptive my colleagues to throw your support are in concert with the budget and practices as other livestock producers behind this amendment. ready for consideration because it is a The PRESIDING OFFICER. The Sen- are. change in policy on how we handle ator from Indiana is recognized. In a production contract, a producer Mr. LUGAR. Madam President, I ap- CRP, the Conservation Reserve Pro- provides the labor and materials to preciate the arguments made by the gram. raise livestock owned by another indi- distinguished Senator. It would appear One of the amendments limits the vidual, the contractor. Until recently, to this Senator, however, that the ob- number of acres—these will be the new the contractor could be a packer or an- jectives of the Harkin amendment are acres coming into the system or any other person. On December 13, 2001, already met on the statute books. The acres that are renewed—a farmer can this body passed an amendment to the reason I have suggested that the enroll in the CRP. farm bill that prevents packers from amendment creates confusion is that it What we are seeing in rural America owning, feeding, or controlling live- might subject the current law to rein- is that instead of selling the farm or stock more than 14 days before slaugh- terpretation. To that extent, it seems the ranch to a younger farmer or put- ter. This means that packers can no to me that this amendment is not pro- ting the acres into production, those longer directly enter into production ductive, except of potential confusion acres are enrolled in the CRP and they contracts because they would own the and difficulty. Very clearly, current do not produce anything. In other livestock more than 14 days before statutes are against fraud, unjust prac- words, the farmer who enrolls them slaughter. However, the amendment we tices, and abusive activity in con- takes the check and it is like going to passed in December does not prevent tracting. Arizona—he is still getting the pay- other individuals from production con- I say to the Presiding Officer, the check and still paying for the farm. tracting with producers. These pro- groups I cited, that at least a good I think this is wrong. Those acres are ducers with production contracts need number of members who are subject to enrolled for a good purpose. The origi- the same protections other producers the competition section, as the distin- nal intent of CRP was to put marginal receive against unfair and deceptive guished Senator from Iowa has pointed acres in the CRP and leave the good practices. out, and this part of it in particular, acres to production. What happened? We should not be fooled into thinking object for good reason and cite this is The trend has reversed, and farmers that this ban of packer ownership we going to be disruptive at least in terms are putting in some good land. It forced passed in December will completely of their operations and capital flow in some of the fellows who needed to raise shrink packer influence over the mar- what they are doing. their production into breaking up some ket. This bill must still go to con- For those reasons, I do not perceive land that was marginal for grain pro- ference and the ban will face incredible the necessity for the amendment and duction. scrutiny. The ban will probably go the ask Members to vote in opposition. This one amendment calls for a limi- way many similar amendments have Madam President, unless there is fur- tation on the number of acres a farmer gone in the past. Amendments that re- ther need of debate by my distin- can put in the CRP. It is not the total

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S413 acres of a county or a State but for Mr. BURNS. Madam President, I The PRESIDING OFFICER. Without each farmer. thank my friend from Iowa. I don’t objection, it is so ordered. The other amendment deals with the think we have any other route until we AMENDMENT NO. 2602 form of payment. As I said, we had one complete this study. Maybe we can en- Mr. WELLSTONE. Madam President, payment for everything. It was de- lighten our friends down at the CBO. I call up my amendment No. 2602. signed to take those marginal acres, They came up with unbelievable num- The PRESIDING OFFICER. The highly erodable acres, out of produc- bers. We changed our language, on amendment is now pending. tion for a conservation reason—wildlife their recommendation. There was a Mr. WELLSTONE. Madam President habitat. It worked. Land was set aside. point of order raised when we first of- and colleagues, this is a simple reform The population of upland birds, sport- fered the amendments; they were amendment. We have done a lot of good ing birds, and wildlife returned to wrong then. Then they suggested the in the farm bill—I thank the chairman, those areas. language. Now they say the language is Senator HARKIN—which I really think Then, because payment for the acres not good enough. So here we go again. represents a reform measure. The en- increased, good land was being put into I take issue with their numbers. ergy section of the bill is very impor- the CRP. That was not the intent of However, I will not take issue with the tant, economic development, and the the Conservation Reserve Program. recommendation made from the chair- Conservation Security Act, and the list What my second amendment says is man of the Committee on Agriculture. goes on. we will pay higher prices for those We need to complete some sort of a I think the amendment Senator acres that are highly erodable and comprehensive study of rural areas and JOHNSON offered—I was proud to offer should not be farmed and should be set the impact that CRP, specifically this it with him—on captive supply is ex- aside for conservation purposes—in program, has had on rural commu- tremely important. The country-of-ori- other words, it is just good conserva- nities, when you take good land out of gin label is really important. Later in tion—and a lower price for the highly production or you pay the same for this debate, we will consider a payment productive land because that is the highly erodable land and highly pro- limitation amendment that I am in ductive land. I think we can work on land that should be in production. favor of which would stop subsidizing I do not know how many people have some language. the megafarms that have driven inde- We would like to see what happened. gone through our rural areas, but CRP pendent producers out of business. Maybe they will put some little fellow has not been a great thing for our Part of the problem right now in the somewhere to work, give him a job for food industry is a few conglomerates smaller towns. One does not see dealer- the next 2 or 3 months and maybe we ships. Machinery dealerships have gone have muscled their way to the dinner can come back and change some of table exercising their raw economic away, and feed and wheat houses have this. gone away because good land was put and political power over independent It defies common sense. They say producers, over taxpayers, and over into the CRP and taken out of produc- that is about all the sense I have—pret- tion, and nothing happens on that land. consumers. ty common—but it defies common This debate has made me a true con- That is not what the original intent of sense that this would have an impact servative. I am interested in putting CRP was about. on the budget or outlays of money more free enterprise into the free en- As I stated to the ranking member of when we talk about the enrollment of terprise system. I want more competi- the Agriculture Committee, these acres into a conservation program, de- tion in the food industry and more issues have been pretty well aired. The signed for a good reason, but that has competition in agriculture. purpose, as far as I can see, is good con- gone astray. We are trying to fix that. If you support a payment limitation, servation. It also is good business prac- That is all we are trying to do. If it re- you should certainly be in support of tice. quires a study and we have to go back this amendment. This amendment is If there are questions, I will certainly and visit with those people, that is about stopping the flow of benefits to entertain some conversation on these what we will have to do. these large livestock conglomerates amendments. I yield the floor and sug- I thank my friend and his staff for that over the years have been squeez- gest the absence of a quorum. that recommendation. I think it is a ing out the independent producers and The PRESIDING OFFICER. The good recommendation. that have also all too often represented clerk will call the roll. AMENDMENT NO. 2607, AS MODIFIED, AND an assault on the environment. The assistant legislative proceeded AMENDMENT NO. 2608, AS MODIFIED, WITHDRAWN The amendment is simple. It says we to call the roll. Mr. BURNS. Madam President, I will in the Congress should and will work to Mr. HARKIN. Madam President, I withdraw these amendments. help alleviate the environmental and ask unanimous consent that the order If the manager of the bill will permit public health threat posed by existing for the quorum call be rescinded. me a hold somewhere in there, say, if large-scale animal factories. However, The PRESIDING OFFICER. Without we get the language worked out, then Congress should not be subsidizing the objection, it is so ordered. we can reoffer these amendments, re- expansion of these large animal con- Mr. HARKIN. Madam President, in ferring to the section that he rec- finement operations. conversations with my friend from ommended in his opening statement. My colleagues should know that this Montana and with the staff, I under- I appreciate the help of my good amendment has broad support from stand there is a budget score on these friend from Iowa. both the farm and environmental com- The PRESIDING OFFICER. Without amendments that may be a problem. In munity with groups such as the Na- discussions with the Senator from objection, it is so ordered. The amendments (Nos. 2607 and 2608, tional Farmers Union, Defenders of Montana, he has obviously raised some Wildlife, Environmental Defense, Envi- good points. Part of the bill addresses as modified) were withdrawn. Mr. HARKIN. I say to my friend from ronmental Working Group, the Hu- some of the problems already. I refer to Montana, we will work together to try mane Society, the National Wildlife page 213 of the bill, section 212. We pro- to get this language modified. I guar- Federation, National Resources De- vide for a study on economic effects re- antee the Senator he will have the op- fense Council, and the Sustainable Ag garding the Conservation Reserve Pro- portunity to offer that at some point Coalition. gram. before we finish this bill. Problem: Current law limits pay- Our staffs are going to work together Mr. BURNS. I thank the Senator. ments under the Environmental Qual- to develop further language, as I under- Mr. LUGAR. Madam President, I sug- ity Incentives Program—we call it stand, that could be added to this sec- gest the absence of a quorum. EQIP—to small- and medium-sized op- tion to for additional studies in the The PRESIDING OFFICER. The erations. Any operation with over 1,000 area that the Senator from Montana is clerk will call the roll. animal units is not now eligible for concerned about, but that would not The legislative clerk proceeded to EQIP farms. Again, any operation with have a budget scoring implication. We call the roll. over 1,000 animal units is not now eligi- will work together with the staff of the Mr. WELLSTONE. Madam President, ble for EQIP funds. Senator to try to develop that lan- I ask unanimous consent that the order For colleagues who are not from agri- guage. for the quorum call be rescinded. cultural States, what does 1,000 animal

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S414 CONGRESSIONAL RECORD — SENATE February 6, 2002 units mean? It means 1,143 cattle, 714 clear about that. Let me also say that the commodity programs with all of dairy cows, 5,400 hogs, 454,545 boilers, there has been language added in con- the money going to the very biggest of and 66,667 turkeys. sultation with both the majority and the operators. Let us make sure that Unfortunately, the farm bill of the the minority committee staff to my the small and midsize producers are House of Representatives removes the amendment to clarify the point that the ones that get the help. Let’s make 1,000 animal unit cap, opening millions adoption of new technologies does not, sure they have access to environmental of dollars to factory farms for man- absent expansion of capacity, trigger quality incentive payments. Let’s not aging their livestock waste. The House new or expanding provisions. You can open the floodgates wide to take care bill also raises the current payment always add technology. It is not a prob- of the full costs of any operation no limitation to $50,000 a year. The Senate lem. We are not talking about new matter how large it is and no matter Agriculture Committee’s farm bill also technology. We are talking about the its environmental degradation. eliminates the 1,000 animal unit cap actual expansion of these operations. I simply say the limits in my amend- and raises current payment limits to Another point: What you have going ment are triple the size in current law $50,000 per year. on with these CAFOs is some of these and nearly 10 times larger than the Over the last decade, there is little big conglomerates don’t own just one current average payments. It is reason- doubt and little debate that we have but there is multiple ownership. able. I urge your support. seen these large-scale animal factories What I am simply saying is to let us This is a reform amendment for agri- proliferate across the Nation. These big do something but let us do something culture. It should be adopted. operations have grown with little re- for the family farmers. Let us not over- I reserve the remainder of my time. gard for environmental damage and subsidize corporate operations that The PRESIDING OFFICER. Who public health threats rising from the own multiple CAFOs around the coun- yields time? Mr. HARKIN. Madam President, how huge amounts of animal waste gen- try. Some of the biggest hog producers much time does the Senator from Min- erated by these operations. Many rural in the United States are these large nesota have? communities have seen drinking water corporations that own 10, 15, or 20 The PRESIDING OFFICER. Nine supplies and recreational waters de- CAFOs. minutes. graded. In some cases, neighboring My amendment says if you own more Mr. HARKIN. Madam President, I property owners, including those who than one CAFO, you don’t get any tax- ask the Senator if he will yield me a have lived in their communities for payer subsidy. I am sick and tired of couple minutes. generations, have been driven from this taxpayer subsidy in inverse rela- Mr. WELLSTONE. Madam President, their homes as a result of the animal tionship to need in agriculture. By the absolutely. I am very proud to have the waste. Farmers and ranchers have way, so are consumers, so are tax- support of the chairman. joined with others in bringing legal ac- payers, and so are the citizens we rep- The PRESIDING OFFICER. The Sen- tion against these factories for the un- resent. ator from Iowa. bearable stench from millions of gal- Finally, this amendment also dis- Mr. HARKIN. Madam President, dur- lons of liquid animal feces and urine or qualifies funds for construction of new ing the 1996 farm bill debate, I success- tons of poultry waste for the degrada- livestock waste facilities located in a fully offered an amendment to limit tion of surface and ground water. 100-year floodplain. That is a no- cost-share funding under EQIP for This is an environmental amend- brainer. I don’t I think even need to ex- large confined animal feeding oper- ment, but it is more than that. Addi- plain it. ations, which is present law. tionally, the expansion of these factory But I do want to point out that this I offered that amendment because of farms has, in large part, led to the dis- revised amendment would allow live- the special environmental concerns as- ruption of family farms. Across Amer- stock operations to expand up to 1,000 sociated with these large operations. ica you see this concentration of live- animal units, even if they are in a 100- Again, let’s keep in mind, as the Sen- stock production into fewer and larger year floodplain, but would retain the ator from Minnesota said, these are industrial operations taking over, driv- restriction on establishing new facili- large CAFOs, operations larger than ing out the small businesses. ties in the floodplain. 1,000 animal units. That is 4,000 head of I am saying that these large oper- Colleagues, I have already made it veal, or 5,400 head of swine, with an av- ations can right now get technical as- clear that the payment goes not from erage weight of 185 pounds. So, again, sistance. They can receive EQIP money 10 to 50 but 10 to 30. So we increase the we are talking about pretty large oper- with no problem whatsoever. payment. ations. But what I am saying is they want to I have also made the case that for I believe we need to help producers expand. Later in the Chamber we are those who say we ought to be targeting comply or avoid the need for regula- going to be talking about this again. If the assistance, we ought not to have tions. I believe we should provide cost- they want to expand, they will be re- this largess going out to the largest share funds to these CAFOs to build ceiving more Government money. The conglomerates, we ought not be using structures that will contain waste to Government ought not be in the busi- taxpayer money for subsidizing envi- protect and improve water quality, and ness of promoting this expansion by ronmental degradation, we ought to be to protect the quality of the environ- giving money to these large conglom- getting this to the independent pro- ment. erates which quite often are destruc- ducers, this amendment is a dream for However, as the Senator from Min- tive of the environment and destruc- you. nesota has said, EQIP was never de- tive of what is good for consumers and If we do not pass this amendment, signed to subsidize expansion of live- are driving independent producers out you are going to have editorials, and I stock operations. of business. am sure there will be a Web site some- The underlying bill allows for the use Again, Senators, I will repeat what I where that is going to track these of cost-share funds for existing and ex- said earlier. There is going to be a pay- CAFO payments and reveal just how panding CAFOs. This amendment, as I ment limitation amendment on the these integrators and corporations are understand it, does not prevent the use floor. Anyone who is for that certainly receiving them. Frankly, the reason for of funds for existing CAFOs but pro- ought to be supportive of this amend- that is Congress just gave it away. hibits cost-share funding for new or ex- ment. This is a reform amendment. I urge panding CAFOs; that is, operations It is very simple. My amendment is my colleagues not to go down this road over 1,000 animal units, but with sev- simple. It says new or expanding large- again. I urge my colleagues to retain eral exceptions like for operations that scale animal factories shall not be eli- some degree of reasonableness on the expand using innovative technologies. gible to receive cost-share funds under payment limit issue. So this amendment still allows cost- the EQIP program for animal waste For those who support reform on the share funding for existing and smaller structures. Existing large animal oper- crop side, we should support this meas- facilities but does not subsidize growth ations would continue to be eligible. ure. If we don’t pass this amendment, of the very largest livestock operations That is a very important point for we will see the same abuses in the that are not yet in existence. Remem- EQIP assistance. Let me be crystal EQIP program as we have seen under ber, it grandfathers the ones that are

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S415 already large. That is, the existing risk. So both of those would count for I yield the floor. CAFOs are not limited or excluded. a farm entity provided the amount of The PRESIDING OFFICER. The Sen- I believe this amendment is con- revenue coming into the farm meets ator from Minnesota. sistent with the underlying bill. It still my criteria. Mr. WELLSTONE. Mr. President, helps all livestock producers now in op- Essentially, under my plan, each of how much time do I have remaining? eration. But, as the Senator said, we these 800,000-plus farm entities in the The PRESIDING OFFICER. Six min- should not be in the business of sub- country would receive $7,000 a year for utes. sidizing for further expansion. I do sup- the 4 years starting with fiscal year Mr. WELLSTONE. Mr. President, if port the amendment and hope that it is 2003. That means 100 percent of farms— the other side wants to yield back adopted. not 40 percent—would receive money. time, I will. I thank the Senator for yielding me That would be the safety net, the I thank the Senator from Indiana for time. cashflow, the money that we have his intellectual integrity. The argu- The PRESIDING OFFICER (Mr. often talked about as saving the small ment he made, if I understood—and I do not want to at all misconstrue his CLELAND). Who yields time? family farmer and keeping everybody If no one yields time, the time will be alive. point—was that he will not oppose this charged equally to both sides. But it also means farmers who are amendment because that would be in- Mr. LUGAR. Mr. President, I ask now receiving hundreds of thousands of consistent with his very strong focus unanimous consent the order for the dollars a year would, in fact, receive on payment limitation. I am thrilled quorum call be rescinded. $7,000. We would finally come back to because I very much want to pass this The PRESIDING OFFICER. The Sen- market economics in terms of what we amendment. I think it is the right ator from Indiana is informed we are plant. We would come back to a situa- thing to do. not in a quorum call. tion which is clearly competitive in If the other side wants to yield back Mr. LUGAR. I thank the Chair. the world trade situation without dan- its time, I will as well. We can move Mr. President, I yield myself 5 min- ger of running into retaliation for forward. Mr. LUGAR. Mr. President, I know of utes of the opposition’s time. trade practices which I believe the leg- Mr. President, I will not, in fact, op- islation in front of us now brings us to. no other Senator who wishes to speak pose the Wellstone amendment because We would end the bubble effect of ag- in opposition. And having called for it appears to me to be consistent with ricultural land being priced beyond such and not finding the same, I am the legislation that is before us with that which the young farmer has any prepared to yield back. Let me ask, some modification with regard to ex- hope of meeting. however, for just a moment to make pansion. But I want to take this time We would meet the situation of 42 sure, as we check our cloakroom, that to try to indicate the logic for my percent of farmers who rent as opposed there is not someone who wants to views on this in view of an amendment to own and do not benefit from our speak and who will be precluded from I will be offering tomorrow that is ob- farm program that escalates land val- doing so. For that reason, I suggest the viously a great deal more restrictive ues artificially. absence of a quorum. In short, we turn around a bill which The PRESIDING OFFICER. The than the Wellstone amendment today I believe has very unfortunate implica- clerk will call the roll. or, in fact, payment limitation amend- tions for the future in agriculture to The legislative clerk proceeded to ments that will be offered by distin- one of equity. And we do so for tens of call the roll. guished colleagues. billions of dollars less than the moneys Mr. LUGAR. Mr. President, I ask Essentially, tomorrow, I am going to that are now talked about in this farm unanimous consent that the order for offer an amendment that would dis- bill. the quorum call be rescinded. place the entire commodities section of That, I believe, is important for each The PRESIDING OFFICER. Without the bill and substitute for that a sys- one of us who wants to reduce deficits, objection, it is so ordered. tem of payments to farmers in this who wants to take less money from the Mr. LUGAR. Mr. President, I yield country that has basic, fairly simple Social Security account, who wants to 31⁄2 minutes of the opposition time to elements, unlike the present system in at least make possible some type of the distinguished Senator from Iowa which 60 percent of farmers do not re- forum in which we might talk about and 31⁄2 minutes to the distinguished ceive subsidies, which includes, in most medical reform and other issues that Senator from Wyoming. cases, farmers who are purely in the are important to the American people. The PRESIDING OFFICER. The Sen- livestock business, as well as those who For that reason, because I am going ator from Iowa is recognized. are involved in vegetables and fruits to present that kind of an idea, I do not Mr. GRASSLEY. Mr. President, I rise and various other agricultural products plan to oppose the Wellstone amend- in opposition to the amendment offered that do not have row crop situations. ment which in fact does have some by my colleague, the Senator from In the current situation, 40 percent of modest limitations in the livestock Minnesota. I certainly commend the farmers receive money, and in that area. My amendment and others that Senator’s role of reversing the trend group about two-thirds of the money deal with payment limitation really towards larger farms and greater con- goes to 10 percent of the farmers. As I pertain principally to the CCC pay- centration in agriculture. I have been have mentioned earlier today, using ment, commodity payments. It would pleased to work with Senator arithmetic, this reduces to 4 percent be inconsistent to support that kind of WELLSTONE to address a number of con- the number of farmers—principally, limitation and to find that it occurred, cerns related to concentration and con- those in the five row crops: cotton, only to find that in another part of ag- solidation in the agricultural industry. rice, soybeans, corn, and wheat—re- riculture people were able to proceed Most recently we worked together to ceiving two-thirds of the money. without restraint and sometimes in secure passage of the bipartisan I want to end all of that and, as a ways which the Senator from Min- amendment to address vertical integra- matter of fact, now consider every nesota has pointed out are environ- tion by limiting packer control over farm in America that has $20,000 of rev- mentally destructive. livestock. enue. I select that figure because that For these reasons, my own view is While the Senator from Minnesota at least denotes, in much agricultural that the legislation that we now have and I share the goal of reversing that, literature, a farm that is a serious before us in this area is in fact reform I am concerned that this amendment farming effort as opposed to a hobby and is important. And the distinctions would fall short of that goal. In short, farm or someone who is involved in in- made by the Senator from Minnesota Senator WELLSTONE’s amendment cidental planting. are there, but they are not large. would have the detrimental effect on In America, there are about 800,000 Therefore, I do not plan to oppose the many midsize family farmers who are farms that have $20,000 of income— legislation, but I did want to explain struggling to comply with stringent farm entities that would meet that cri- why I took that point of view and at new environmental regulations by teria. In some of these cases, these least the logic of my own position in slashing the amount of funding avail- farms have an owner and those who are view of an amendment which will be able to make responsible environ- doing the farming and they share the before Senators tomorrow. mental improvements in rural areas.

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S416 CONGRESSIONAL RECORD — SENATE February 6, 2002 The reason I take some caution in farmers who are struggling to comply The PRESIDING OFFICER. The Sen- addressing opposition to his amend- with stringent new environmental reg- ator from Wyoming is—— ment is that I complimented the Sen- ulations by slashing the amount of Mr. WELLSTONE. Might I inquire, ator from Minnesota, as we were debat- funding available to make responsible Mr. President, how much time re- ing this bill in December, that he was environmental improvements in rural mains? going to offer this amendment. But areas. The PRESIDING OFFICER. There when I held meetings in my State of Mr. President, the future prosperity are 5 minutes remaining. Iowa during the month of January—I of Iowa’s family farmers, and farmers The Senator from Wyoming is recog- held several town meetings just on the across this nation, is currently threat- nized. farm bill— I had this concern from peo- ened by stringent new regulations pro- Mr. THOMAS. Mr. President, I rise in ple who are strictly family farmers posed by the EPA aimed at addressing opposition to this amendment. I think who came to my meetings. They were water pollution from livestock oper- what we really have to do, as in the very concerned about the CAFO regula- ations. According to EPA’s own esti- case of other kinds of issues, is look at tions that they have to meet and the mates, the new regulations could cost what it is we are seeking to do. If the fact that if they have to meet those, producers from $280,000 to $2.4 million purpose of this EQIP program—which, they may not be able to stay in live- over the next ten years. by the way, is used thoroughly in my stock. They did find EQIP provisions in While the goals of the new regula- State with a lot of good success—is to the original farm bill to be helpful to tions are certainly commendable, the limit the environmental impact, or if meet those requirements so they could financial costs of these regulations will it is to help with the technical infor- stay in agriculture. simply be too much for many family mation necessary for operators to do So I changed my mind, I need to tell farmers to absorb. something about the impact of the the Senator from Minnesota. I say it Recognizing the dire situation of CAFO regulations or those kinds of apologetically, in the sense that I had these farmers, last year the Senate things—if you want to try to find a encouraged him in the first instance. I supported an amendment that I offered way to limit the size of farms and re- think these stringent, new regulations to the budget resolution to increase distribute income, those are two dif- proposed by EPA are meant to get help EQIP funding by $350 million in each of ferent things. from the provisions of this farm bill in the next ten years. This important The purpose here is to find the most addressing water pollution from live- funding will provide cost-sharing as- efficient way we can to deal with the stock operations. According to EPA’s sistance to family farmers to help most livestock out there putting the own estimate, the new regulations them comply with these new regula- environment at risk, so we can do could cost producers from $280,000 to tions. something about it, and to then pro- $2.4 million over 10 years. The Wellstone amendment, however, vide it to those people who can have While the goals of the new regula- would significantly reduce the level of the most impact on doing something tions are certainly commendable, we EQIP funding available to family farm- about the environment. That is what it obviously have to take the financial ers. According to EPA estimates, over is all about. It is not about trying to costs of the regulations into consider- 1,000 livestock operations in Iowa keep farmers smaller or having to do ation. I drew the conclusion, after my would be ineligible for EQIP funds. An- with size. There is a limitation under meetings in January, that it was too other 500 to 1,000 could be ineligible if the law on how much money can go to much for many family farmers to ab- they expand in order to remain com- any operator during the period of the sorb. petitive or to comply with the new life of the farm bill, over the 6-year pe- Recognizing the dire situation of rules by building new structures with riod. So I think we may want to, obvi- these farmers, last year the Senate new technologies. ously, do something about payments, supported the amendment I offered to The bottom line is that if these fam- total payments. That is a different the budget resolution to increase EQIP ily farmers are denied EQIP assistance, question. funding by $350 million in each of the the result will be poorer management The question here is, how do you best next 10 years. This important funding systems and practices, and the environ- utilize the resources in an effort to will provide cost-sharing assistance to ment will suffer. help farmers and ranchers deal with family farmers to help them comply The farm bill reported by the Agri- the question of environment and, more with the new CAFO regulations. culture Committee makes reasonable particularly, to deal with the regula- The Wellstone amendment would sig- changes to the rules of the EQIP pro- tions that have been put in place for nificantly reduce the level of EQIP gram by limiting eligibility by a sim- nonpoint source pollution, and the idea funding available to family farmers. ple and reasonable payment limit—not of having lots and corrals and feedlots According to EPA estimates, over 1,000 by the size of the operation. A payment along water supply sources. I think it livestock operations in Iowa would be limit puts livestock and poultry oper- is very important that we look at it in ineligible for EQIP funds. ations on an even footing with the pro- a broader sense. If EQIP cost-sharing Mr. President, again, I am in opposi- gram limits for row-crops. assistance is not made available to op- tion to the amendment offered by my Without the technical and cost-shar- erations with a thousand animal units colleague, the Senator from Minnesota. ing assistance provided by EQIP, many or more, EQIP would fail to meet the Let me first say that I certainly com- family farmers in my state will be needs of the producers managing more mend the Senator’s goal of reversing forced out of business—leaving only than half the livestock in the country. the trend toward larger farms and the largest farms who can absorb the If you are trying to do something greater concentration in agriculture. I costs—and leading to even greater con- about the pollution problems and give have been pleased to work with Sen- centration in the industry. In this farm help to people who are seeking to limit ator WELLSTONE to address a number of bill, we have made great strides toward the livestock’s involvement in pollu- concerns related to concentration and reducing the level of concentration and tion of water and nonpoint source consolidation in the agriculture indus- vertical integration in agriculture. Un- waters, then I think this kind of a limi- try. Most recently, we worked together fortunately, this amendment would be tation is not in keeping with that pur- to secure passage of a bipartisan a step backwards. pose and indeed hinders that purpose. amendment to address vertical integra- Over 80 percent of Iowa’s farms are Like my friend from Iowa, I joined tion by limiting packer control over individually or family-owned. It’s these with the Senator from Minnesota on livestock. producers I have always sought to help. several amendments, and I certainly While the Senator from Minnesota These are the people who produce our want to continue to do that. I just and I share the goal of reversing con- food and keep main streets in rural don’t believe this amendment helps to centration, I am concerned that this America in business. These are the accomplish the goals out there for the amendment falls far short of that goal. farmers who depend on the assistance EQIP program. So I hope people will In short, the Senator’s amendment from the EQIP program. It is for these vote against this amendment so we can would have a detrimental effect on farmers that I will oppose this amend- move on to accomplishing environ- many of my state’s mid-sized family ment and support a strong EQIP. mental solutions.

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S417 I yield the floor. ity of them are helped by this amend- AMENDMENT NO. 2604 TO AMENDMENT NO. 2471 Mrs. BOXER. Mr. President, the farm ment, as opposed to current law. The The PRESIDING OFFICER. Under bill before us recognizes the impor- only thing this amendment says is, if the previous order, there are now 2 tance of environmental conservation in you want to get bigger and expand even minutes evenly divided prior to the agriculture and provides funding for more, at that point, you are not going vote on the Harkin amendment. programs that support those measures. to get any more Government money. The Senator from Iowa. California livestock operations come in This is a reform amendment. It de- Mr. HARKIN. Mr. President, this all sizes, but many of them are large serves support. amendment closes a loophole in the operations requiring substantial envi- I yield the floor, and if my colleagues Packers and Stockyards Act by includ- ronmental management activities. Ac- want to yield back the remainder of ing livestock production contracts cess to programs that support environ- their time, I will do so also. under its jurisdiction. It also provides mental improvements is key to ensur- Mr. LUGAR. How much time remains livestock producers the ability to dis- ing that the best environmental prac- on our side? cuss the terms of the contract with tices are undertaken on these farms. The PRESIDING OFFICER. Fifteen certain people, such as their attorney, Senator WELLSTONE’s amendment, seconds. banker, landlord, and government which would limit access to conserva- Mr. LUGAR. I thank the Chair. We agency charged with protecting a party tion funding based on factors like the are prepared to yield back that time. to the contract. It does not say they size of the farm, falls disproportion- Mr. WELLSTONE. I yield back the have to but they are so allowed. ately hard on California farmers and remainder of my time. Basically, since 1935, poultry pro- would ultimately slow down environ- The PRESIDING OFFICER. All time ducers have uncovered production con- mental improvements. Limitations on is yielded back. The question is on tracts under the Packers and Stock- these payments will not eliminate agreeing to the amendment. yard Act but other livestock were those farms, it will only limit support Mr. WELLSTONE. Mr. President, I not—for example, swine and cattle for conservation efforts that are so ask for the yeas and nays. were not. But production contracts are critically important in these oper- The PRESIDING OFFICER. Is there a becoming a bigger and bigger part of ations. For those reasons, I must vote sufficient second? the establishment. Yet they are not against the Wellstone amendment and There is a sufficient second. The covered under the Packers and Stock- support conservation funding for Cali- clerk will call the roll. yards Act. fornia farmers. The assistant legislative clerk called The two largest farm organizations, The PRESIDING OFFICER. The Sen- the roll. the American Farm Bureau Federation ator from Minnesota. Mr. REID. I announce that the Sen- and the National Farmers Unions, as Mr. WELLSTONE. Mr. President, ator from Vermont (Mr. JEFFORDS) is well as dozens of other farm groups, both my colleagues and good friends, necessarily absent. support this amendment. It does not the Senator from Iowa and the Senator Mr. NICKLES. I announce that the create any regulatory burden. from Wyoming, break my heart. First Senator from Tennessee (Mr. THOMP- As I said, we have had this provision of all, actually with this amendment, SON), the Senator from Arizona (Mr. under the Packers and Stockyards Act under current law, if you are over a MCCAIN), and the Senator from New since 1935. If we can help Dairy Queen thousand animal units, you don’t get Mexico (Mr. DOMENICI) are necessarily franchisees and gasoline franchisees, any EQIP money whatsoever. Under absent. and if the poultry people have lived my amendment, if you are over a thou- The PRESIDING OFFICER. Are there under this since 1935, I think it is time sand animal units, you can get the any other Senators in the Chamber de- we give the cattle producers and the money. We go from $10,000 to $30,000 a siring to vote? pork producers in this country the The result was announced—yeas 44, year. If you are over a thousand units, same kind of protections under the nays 52, as follows: you can get money. You can’t right Packers and Stockyards Act. now. [Rollcall Vote No. 15 Leg.] The PRESIDING OFFICER. The Sen- We are saying that if you are under a YEAS—44 ator from Indiana. thousand units and you want to expand Akaka Durbin Mikulski Mr. LUGAR. Mr. President, I oppose to over a thousand, or you are over and Biden Ensign Reed the Harkin amendment on the basis Byrd Feingold Reid you want to expand even further and Carnahan Gregg Rockefeller that it is likely to confuse interpreta- you want to get bigger and bigger, at Carper Harkin Santorum tion of the contract issue. It is a nar- that point the Government ought not Chafee Hollings Sarbanes row issue we are discussing. The to be subsidizing this expansion. Cleland Inouye Schumer amendment offered by the distin- Clinton Johnson Smith (NH) This is a reform amendment. This is Collins Kennedy guished chairman of the committee is Snowe Conrad Kerry consistent with those who are in sup- Specter a narrow issue. On balance, it appears Corzine Kohl port of payment limitations. This is Stabenow to me to be unnecessary and redun- Daschle Leahy ranked by the environmental commu- Dayton Levin Stevens dant. nity as a key environmental amend- Dodd Lieberman Torricelli It is opposed by a host of livestock ment because it is crazy for the Fed- Dorgan Lugar Wellstone and poultry organizations for those eral Government to be subsidizing this NAYS—52 reasons. I cited a letter from many of environmental destruction. Allard Edwards McConnell them with regard to a number of com- I say to my colleague from Iowa, we Allen Enzi Miller petitive issues that are in the bill, and are going to provide the money. Right Baucus Feinstein Murkowski this one in particular. now, under current law, if you are over Bayh Fitzgerald Murray Bennett Frist For these reasons, I suggest a ‘‘no’’ a thousand animal units, you can’t get Nelson (FL) Bingaman Graham Nelson (NE) vote on this amendment. EQIP money. Under this amendment, Bond Gramm Nickles The PRESIDING OFFICER. The Sen- you can. If you want to expand it more Boxer Grassley Roberts ator from Nevada. Breaux Hagel Sessions and get bigger, at that point it is not Brownback Hatch Mr. REID. Mr. President, for all Shelby appropriate for the Government to pro- Bunning Helms Members, this will be the last vote of Smith (OR) Burns Hutchinson vide the payments. That is exactly Thomas the day. We have an agreement ten- what the Grassley amendment is going Campbell Hutchison tatively worked out that is being Cantwell Inhofe Thurmond to say when it comes to payment limi- Cochran Kyl Voinovich cleared by both sides that there will be tations. It is exactly the same philos- Craig Landrieu Warner debate on an amendment offered by ophy. Crapo Lincoln Wyden Senator DURBIN tonight. There will be This is a reform amendment. It is an DeWine Lott a second-degree amendment offered by environmental amendment. It is an NOT VOTING—4 Senator GRAMM of Texas on that amendment that is for our independent Domenici McCain amendment tonight or in the morning. producers. If you look in your State Jeffords Thompson I think Members can expect a rollcall and at your producers, the vast major- The amendment was rejected. vote around 10 or 10:30 in the morning,

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S418 CONGRESSIONAL RECORD — SENATE February 6, 2002 after which there will be two amend- all Senators, what is next on the agen- to exchange those shortly. Maybe to- ments that will take approximately 4 da under the unanimous consent agree- night we can enter into an agreement hours. There will be a vote after each ment? as to a finite list of amendments on one of those. So we have until 3 or so The PRESIDING OFFICER. That par- both sides. tomorrow afternoon already ten- ticular unanimous consent agreement Mr. DURBIN. Will the Senator from tatively worked out on this bill. has run its course. Nevada yield? We also are going to try to work out Mr. REID. I did not hear the Chair. Mr. REID. I am happy to yield. a finite list of amendments. The minor- The PRESIDING OFFICER. That par- Mr. DURBIN. I thank the Senator for ity and majority staffs are now work- ticular unanimous consent agreement his unanimous consent request he pro- ing to whittle that down. It is down has run its course. The pending ques- pounded. I do not believe I am going to now, even as we speak, to a fairly small tion is now the Harkin substitute. use the 30 minutes allotted to me, but number of amendments. So hopefully Mr. HARKIN. I yield the floor. I would like to have the opportunity to there is some end in sight for this leg- Mr. LUGAR. Mr. President, I suggest yield, during the course of that time, islation. the absence of a quorum. to the Senator from Michigan, who has The PRESIDING OFFICER. The The PRESIDING OFFICER. The asked for a brief period of time to question is on agreeing to the amend- clerk will call the roll. speak. ment, No. 2604, as modified. The Sen- The legislative clerk proceeded to If there is no objection, I would like ator from Iowa. call the roll. to have that included in the unanimous Mr. HARKIN. Mr. President, I ask for Mr. REID. Mr. President, I ask unan- consent request. the yeas and nays. imous consent the order for the Mr. REID. It is certainly appropriate. The PRESIDING OFFICER. Is there a quorum call be rescinded. The Senator has been waiting all after- sufficient second? There is a sufficient The PRESIDING OFFICER. Without noon to make this statement. She can second. objection, it is so ordered. do so whenever it is appropriate. The clerk will call the roll. Mr. REID. Mr. President, I ask unan- Mr. President, before I yield the The legislative clerk called the roll. imous consent that Senator DURBIN be floor, it is my understanding that Sen- Mr. REID. I announce that the Sen- recognized now to offer a Durbin-Lugar ators DURBIN and LUGAR have worked ator from Vermont (Mr. JEFFORDS) is amendment, as modified, regarding out their modification on this amend- necessarily absent. cropping history and nutrition, with 60 ment. Mr. NICKLES. I announce that the minutes for debate in relation to the Is that right? Senator from Tennessee (Mr. THOMP- amendment this evening, equally di- Mr. DURBIN. Responding to the Sen- SON), the Senator from Arizona (Mr. vided in the usual form, with no ator from Nevada, Senator GRAMM is MCCAIN), and the Senator from New amendments in order prior to a vote in working on language which is coming Mexico (Mr. DOMENICI) are necessarily relation to the amendment; further, during the course of this debate. I have absent. that when the Senate resumes consid- agreed to accept his second-degree The PRESIDING OFFICER (Mr. DAY- eration of the farm bill at 10 a.m., on amendment, and I will speak to it dur- TON). Are there any other Senators in Thursday, there be 5 minutes for clos- ing the course of my remarks. the Chamber desiring to vote? ing debate in relation to the Durbin- Mr. REID. If, for some reason, you The result was announced—yeas 82, Lugar amendment, followed by a vote cannot work this out, we would have to nays 14, as follows: in relation to the amendment; further, come back later and revisit this. [Rollcall Vote No. 16 Leg.] that following the vote, regardless of Mr. DURBIN. That is correct. YEAS—82 the outcome, Senator DORGAN, for him- Mr. LUGAR. Mr. President, may I re- Akaka Edwards McConnell self and Senator GRASSLEY, be recog- spond briefly to the leader’s comment? Allard Ensign Mikulski nized to offer an amendment regarding The PRESIDING OFFICER. The Sen- Baucus Enzi Miller payment limitation; that there be 105 ator from Indiana. Bayh Feingold Murkowski Bennett Feinstein Murray minutes for debate in relation to this Mr. LUGAR. My understanding, as Bingaman Fitzgerald Nelson (FL) amendment, equally divided in the Senator DURBIN has represented it, is Bond Frist Nelson (NE) usual form; that upon the use or yield- that Senator GRAMM has offered lan- Boxer Graham Nickles Breaux Gramm ing back of time, the Senate proceed to guage that has been accepted. The lan- Reed Brownback Grassley vote in relation to the Dorgan-Grassley guage is being written even as we Reid Bunning Gregg amendment, with no second-degree speak. The presumption is that it will Burns Hagel Roberts Byrd Harkin Rockefeller amendments in order prior to the vote; be acceptable. In the event, for some Cantwell Hatch Santorum further, that following the vote, re- reason, it should not be, then, at that Carnahan Hollings Sarbanes gardless of the outcome, Senator point—I suppose tomorrow morning— Schumer Chafee Hutchinson LUGAR be recognized to offer an amend- we would have to deal with a second- Cleland Inhofe Sessions Clinton Inouye Shelby ment regarding payment mechanism, degree amendment. But, obviously, we Collins Johnson Snowe that there be 2 hours for debate, equal- hope we have dealt with it this Conrad Kennedy Specter ly divided in the usual form, with no evening. And I believe we have. Corzine Kerry Stabenow second-degree amendments in order On a second point, I understand staff Crapo Kohl Thomas Daschle Landrieu Torricelli prior to a vote on the Lugar amend- will be working—even as we debate this Dayton Leahy Voinovich ment. amendment—on the overall list. There DeWine Levin Warner The PRESIDING OFFICER. Is there has not been agreement, as I under- Dodd Lieberman Wellstone Dorgan objection? stand it, but, nevertheless, construc- Lincoln Wyden Durbin Lott Without objection, it is so ordered. tive work has occurred in defining the NAYS—14 The Senator from Nevada. issues that still remain. Mr. REID. Mr. President, the RECORD Mr. REID. I am confident that Sen- Allen Craig Smith (NH) Biden Helms Smith (OR) should be clear that on the Lugar ator GRAMM of Texas and Senator DUR- Campbell Hutchison Stevens amendment, the unanimous consent BIN will work this out. They have al- Carper Kyl Thurmond agreement should read: ‘‘On or in rela- ready agreed. You always have to be Cochran Lugar tion to the Lugar amendment,’’ rather careful when people start putting NOT VOTING—4 than ‘‘on the Lugar amendment.’’ I ask things in writing; there could be a Domenici McCain unanimous consent for that modifica- problem. Jeffords Thompson tion. I say to the distinguished manager of The amendment (No. 2604), as modi- The PRESIDING OFFICER. Without the bill, the senior Senator from Indi- fied, was agreed to. objection, it is so ordered. ana, in his usual, deliberate manner, The PRESIDING OFFICER. The Sen- Mr. REID. I advise all Members, we with the background of being a Rhodes ator from Iowa. are trying to work on a finite list of scholar, he has explained it better than Mr. HARKIN. Mr. President, par- amendments. We are whittling ours I did. liamentary inquiry: For the benefit of down significantly. The staff is going Mr. LUGAR. I thank the Senator.

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S419 Mr. DURBIN. Will the Senator from ‘‘(2) CROP ROTATION.—Paragraph (1) shall States as a qualified alien for a period of 5 Indiana yield? not apply to an owner or producer, with re- years or more beginning on the date on Since I have not seen the language spect to any agricultural commodity planted which the qualified alien entered the United or considered planted, on land if the land— States.’’. from Senator GRAMM, and I want to ‘‘(A) has been planted, considered planted, (2) EFFECTIVE DATE.—The amendment have a chance to reflect on it this or devoted to an agricultural commodity made by paragraph (1) takes effect on April evening, could we leave open the possi- during at least 1 of the 20 crop years pre- 1, 2003. bility, if there is any disagreement—I ceding the 2002 crop year; and Mr. DURBIN. Mr. President, I thank want to make it clear on the floor, I ‘‘(B) has been maintained, and will con- my colleagues who are cosponsoring tinue to be maintained, using long-term crop will protect Senator GRAMM’s right to this amendment, Senators HARKIN and rotation practices, as determined by the Sec- offer and debate the second-degree LUGAR, who come to this floor in their amendment without any objection— retary. ‘‘(c) CROP INSURANCE.—Notwithstanding capacities as chair and ranking mem- then I would have a chance, after his any provision of the Federal Crop Insurance ber of the Agriculture Committee, both second-degree amendment has been Act (7 U.S.C. 1501 et seq.), the Federal Crop of whom have joined me in cosponsor- considered, to offer my amendment. Insurance Corporation shall not pay pre- ship of this amendment, together with Mr. LUGAR. That is our under- mium subsidies or administrative costs of a several of my other colleagues. standing. reinsured company for insurance regarding a What we are trying to do in this Mr. DURBIN. Any disagreement crop insurance policy of a producer under amendment is twofold. In the first in- that Act unless the land that is covered by would have to be reflected on the con- stance, we are trying to avoid over- tents. the insurance policy for an agricultural com- modity— production on farmland in America AMENDMENT NO. 2821 ‘‘(1) has been planted, considered planted, that would be encouraged by the farm Mr. DURBIN. Mr. President, I send or devoted to an agricultural commodity bill—not by the market, not by any an amendment to the desk. during— other consideration. We don’t want to The PRESIDING OFFICER. The ‘‘(A) at least 1 of the 5 crop years preceding create a farm bill which pushes farmers clerk will report. the 2002 crop year; or into overproduction, bringing prices The legislative clerk read as follows: ‘‘(B) at least 3 of the 10 crop years pre- down. What we are trying to do is to ceding the 2002 crop year; or increase production but only in a way The Senator from Illinois [Mr. DURBIN], for ‘‘(2)(A) has been planted, considered plant- himself, Mr. LUGAR, Mr. BINGAMAN, Mr. ed, or devoted to an agricultural commodity that is at a price level, a cost level so DOMENICI, Mr. GRAHAM, Mr. WELLSTONE, Mr. during at least 1 of the 20 crop years pre- that a farmer can make a fair living. KERRY, and Mr. SMITH of Oregon, proposes an ceding the 2002 crop year; and And so we are trying with this amend- amendment numbered 2821. ‘‘(B) has been maintained, and will con- ment to protect from that possibility. Mr. DURBIN. Mr. President, I ask tinue to be maintained, using long-term crop The second part of the amendment unanimous consent that reading of the rotation practices, as determined by the Sec- sounds so totally unrelated, people amendment be dispensed with. retary. may wonder why it is in the farm bill. The PRESIDING OFFICER. Without ‘‘(d) CONSERVATION RESERVE LAND.—For The second part relates to the Food purposes of this section, land that is enrolled objection, it is so ordered. in the conservation reserve program estab- Stamp Program. If my colleagues are The amendment is as follows: lished under subchapter B of chapter 1 of aware of the Department of Agri- (Purpose: To restrict commodity and crop in- subtitle D of title XII of the Food Security culture, they know that it administers surance payments to land that has a crop- Act of 1985 (16 U.S.C.3831 et seq.) shall be con- the Food Stamp Program. A decision ping history and to restore food stamp ben- sidered planted to an agricultural com- was made some years ago—I will ad- efits to legal immigrants who have lived in modity. dress it in my remarks—that those who the United States for 5 years or more) ‘‘(e) LAND UNDER THE JURISDICTION OF AN are legal immigrants to the United INDIAN TRIBE.—For purposes of this section, On page 128, line 8, strike the period at the States would not qualify for food end and insert a period and the following: land that is under the jurisdiction of an In- dian tribe (as defined in section 4 of the In- stamps. On reflection, we have seen SEC. 166. RESTRICTION OF COMMODITY AND that the victims of that policy have CROP INSURANCE PAYMENTS, dian Self-Determination and Education As- LOANS, AND BENEFITS TO PRE- sistance Act (25 U.S.C. 450b)) shall be consid- primarily been poor children in Amer- VIOUSLY CROPPED LAND; FOOD ered planted to an agricultural commodity ica. I am heartened by the fact that STAMP PROGRAM FOR CERTAIN if— President Bush, in his budget message, QUALIFIED ALIENS. ‘‘(1) the land is planted to an agricultural has decided to change this policy. He (a) RESTRICTION OF COMMODITY AND CROP commodity after the date of enactment of has said that we will allow legal immi- INSURANCE PAYMENTS, LOANS, AND BENEFITS this subsection as part of an irrigation grants to receive food stamps. That is TO PREVIOUSLY CROPPED LAND.—Section 194 project that— of the Federal Agriculture Improvement and ‘‘(A) is authorized by the Bureau of Rec- the right and humane thing to do. It is Reform Act of 1996 (Public Law 104–127; 110 lamation or the Bureau of Indian Affairs; the right thing to do to make certain Stat. 945) is amended to read as follows: and children are healthy. If we are going to ‘‘SEC. 194. RESTRICTION OF COMMODITY AND ‘‘(B) is under construction prior to the date have a strong Nation, we need healthy CROP INSURANCE PAYMENTS, of enactment of this subsection; or kids. So the second part of my amend- LOANS, AND BENEFITS TO PRE- ‘‘(2) the land becomes available for plant- ment addresses the restoration of eligi- VIOUSLY CROPPED LAND. ing because of a settlement or statutory au- bility for food stamps for legal immi- ‘‘(a) DEFINITION OF AGRICULTURAL COM- thorization of a water rights claim by an In- grants. MODITY.—In this section: dian tribe after the date of enactment of this Senator GRAMM of Texas has his own ‘‘(1) IN GENERAL.—The term ‘agricultural subsection.’’. commodity’ has the meaning given the term (b) PARTIAL RESTORATION OF BENEFITS TO opinion as to what we should include in in section 102 of the Agricultural Trade Act LEGAL IMMIGRANTS.—Section 403(c)(2)(L) of the food stamp portion of the amend- of 1978 (7 U.S.C. 5602). the Personal Responsibility and Work Oppor- ment. He is preparing that now. We ‘‘(2) EXCLUSIONS.—The term ‘agricultural tunity Reconciliation Act of 1996 (8 U.S.C. have discussed it briefly. I will repeat commodity’ does not include forage, live- 1613(c)(2)(L)) (as amended by section what I said earlier: If the second-degree stock, timber, forest products, or hay. 452(a)(2)(A)) is amended by inserting ‘‘pro- amendment that he has proposed ends ‘‘(b) COMMODITIES.— vided to individuals under the age of 18’’ up being something I cannot personally ‘‘(1) IN GENERAL.—Notwithstanding any after ‘‘benefits’’. other provision of this title, except as pro- (c) FOOD STAMP EXCEPTION FOR CERTAIN accept, I promise that I will protect his vided in paragraph (2), the Secretary shall QUALIFIED ALIENS.— right to offer and debate that amend- not provide a crop payment, crop loan, or (1) IN GENERAL.—Section 402(a)(2) of the ment and bring it to a vote before other crop benefit under this title to an Personal Responsibility and Work Oppor- there is a vote on my amendment. So owner or producer, with respect to an agri- tunity Reconciliation Act of 1996 (8 U.S.C. there will be no disadvantage to Sen- cultural commodity produced on land during 1612(a)(2)) (as amended by section 452(c)(2)) is ator GRAMM, even if there is some dis- a crop year unless the land has been planted, amended by adding at the end the following: agreement in terms of the content of considered planted, or devoted to an agricul- ‘‘(M) FOOD STAMP EXCEPTION FOR CERTAIN his amendment. tural commodity during — QUALIFIED ALIENS.—With respect to eligi- ‘‘(A) at least 1 of the 5 crop years preceding bility for benefits for the specified Federal Let me speak briefly to what my the 2002 crop year; or program described in paragraph (3)(B), para- overall amendment does. This amend- ‘‘(B) at least 3 of the 10 crop years pre- graph (1) shall not apply to any individual ment has one basic purpose, and that is ceding the 2002 crop year. who has continuously resided in the United to provide a safety net for farmers

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S420 CONGRESSIONAL RECORD — SENATE February 6, 2002 without distorting the marketplace. Prior to the 1996 farm bill, the farm Let me tell you that the second half Everybody in this debate on the farm policy of our country recognized that of the amendment takes the savings bill wants to protect farmers. I hope we our support programs could drive up and uses it for the Food Stamp Pro- can agree that we don’t want to do it supply. So for decades, farm policy at- gram. The savings generated by this at the expense of the supply and de- tempted to limit subsidies in one form bill will further strengthen the nutri- mand laws which govern our economy. or another. tion title of this same farm bill. This is This amendment will help to meet This was done through various defini- really a farm and nutrition bill. I think both goals. It simply states: Crop sup- tions of base acres. I remember as a addressing the Food Stamp Program port payments will not be made for Member of Congress for many years in along with the farm program is appro- crops that are grown on land that is the House, and now in the Senate, deal- priate because both are under the juris- not already being used for agricultural ing with farmers who were trying to es- diction of the Department of Agri- production. It only applies to land that tablish their base acreage and quali- culture. has not been cropped even 1 year in the fications eligibility for Government Food stamps are a part of our Na- past 5 years or 3 years in the past 10. payment. In 1996, Congress did away tion’s first line of defense in America So if I am a farmer in downstate Illi- with all these rules on the theory that to protect families in a recession. Now, nois and I have acreage that has not it was going to phase out support pay- as we reauthorize the Food Stamp Pro- been used for agricultural production, ments. gram, we should make sure to effec- even 1 year out of the last 5 or 3 out of We now know that, at least today, we tively put into place protections the last 10, I cannot bring that into the can’t phase out support payments against economic downturns. program and say: Now that you have a without jeopardizing our farms. How- This farm bill passed by the Agri- farm bill that may compensate me, I ever, we need to be careful that we culture Committee makes some impor- am going to produce on this land and I don’t inadvertently encourage farming tant changes in the Food Stamp pro- am going to get payments from the of new land when market conditions gram. I join in thanking the commit- Federal Government. don’t warrant it. tee’s ranking Republican for the hard That land was taken out of produc- In essence, under prior farm policy, work he has put into this section of the tion for market reasons or other rea- support payments had a foot on the bill. Here is what my amendment does. It sons. And we believe that no farm bill pedal driving new production, but also restores eligibility for the Food Stamp should drag it back into production. with a foot on the brake. New policy, Program to legal immigrants who have If I am a farmer, though, and want to as currently envisioned, fails to add in lived in the United States for 5 years or produce on the land, that is my right; the brake. That is what this amend- longer. I will repeat, it restores eligi- I own the land. But I can’t go to the ment does. Federal Government, having made that This amendment will not reinstate it bility for legal immigrants living in decision, if I haven’t put a crop on that completely, but it will ease up on the the United States for 5 years or longer. This amendment will be an addition land for 1 out of 5 years, 3 out of 10 to pedal. The farmers can still drive to the immigrant restoration provi- support this effort. themselves into new cropland, but the I yield to the Senator from Michigan. sions already in the farm bill, includ- Government would no longer drive (The remarks of Mrs. STABENOW are ing the immediate restoration of eligi- them there. located in today’s RECORD under bility to all poor children. I salute Sen- What is the environmental impact of ‘‘Morning Business.’’) ators LUGAR and HARKIN for that provi- this amendment? The facts show that Mr. DURBIN. My goal is to make cer- sion. I will not go into a long story this amendment is needed. According tain that farmers make decisions based about how important immigrants have to the USDA, the United States lost 22 on the marketplace, not based on the been to the United States. Suffice it to million acres of grassland between 1982 farm bill, particularly when it comes say that my mother was an immigrant to that land that has not been in pro- and 1997. The vast majority of that be- to this country. I am proud of that duction. That is what this amendment came new croplands. fact, and I am happy to be a first-gen- This occurred even while the Federal seeks to achieve. eration American and to have this Government was laying out roughly $30 It is in no way a restriction on a chance to serve as a Senator from the farmer’s freedom. A farmer is still free billion over the same period to take State of Illinois. I keep in my office, to plant any new ground he wishes. more than 30 million acres of cropland very near my desk, the framed copy of What we are talking about is eligibility from production through the Conserva- my mother’s naturalization certificate. for Federal payments. The amendment tion Reserve Program, the twofold pur- I am very proud of it. I look at it every uses an extremely broad definition of pose of which was to increase conserva- day as a reminder of my family and a agricultural commodity. Farmers can tion efforts and limit supplies so as to reminder of from where I came. I think switch crops on land and, despite that boost prices. it is a reminder to all of America how switching of crops, not lose eligibility What this means is that while our many of us are close to new immi- under this amendment. That is only Government was trying to limit sup- grants in this country. fair because in many good farming plies in order to boost prices on the one At the turn of the century, many of practices, that is done on a regular hand, it was effectively encouraging our relatives arrived from all over the basis. It allows long-term crop rota- farmers to convert new land into crop- world. They were poor and didn’t speak tion, permits an exception for that. land on the other. This has undoubt- the language, and they came looking There are some lands primarily used edly contributed to the current situa- for a better life. At that time, survival for hay but that may be cropped 1 or 2 tion in which farmers have faced record meant sending all members of the fam- years between hay plantings. This low prices in recent years. ily to work. Young children worked in amendment would not deny support This loss of grassland as an environ- factories and sweatshops instead of payments to the crops during that pe- mental impact throughout the country going to school. riod. However, it is intended to be a contributed to the decline of many bird Eventually, we realized that families narrow amendment, only for those who species that nest in grasslands. Grass- should not have to send their 7-year- can demonstrate that they have both land birds as a whole are the most old to work just to be able to put food established and are maintaining such threatened category of birds in our on the table. Jane Addams of Illinois, long-term rotation. country. This amendment makes envi- quite a well-known figure in Chicago The amendment does not interfere ronmental sense as well as economic with her settlement houses, was one of with the CRP program in any way. The sense. the great American social reformers. Conservation Reserve Program is an This amendment has the added ben- She inspired us to lobby for child labor important program. It conserves Amer- efit of saving money. The Congres- laws because of her experiences with ica’s natural resources. This amend- sional Budget Office estimates that the the working men, women, and children ment simply provides that when farm- Durbin amendment would reduce crop in the immigrant neighborhoods of the ers decide to plant on new ground, they overproduction which will result in $1.4 city of Chicago. will do it because of the market, not billion in savings over the next 10 Those arriving in the United States because of Government subsidy. years. today are no different than our great

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S421 grandparents. And we continue to rely Can America be a better place if and Senator HARKIN, and President on immigrants to fill jobs at all levels these children who are legally in the Bush have joined in supporting this of the workforce. United States don’t receive the proper concept. I hope all my colleagues on Legal immigrants here not only nutrition? If they suffer disease and ill- both sides of the aisle will vote in favor work, they pay taxes. The National ness, if they are not prepared to learn, of this amendment. Academy of Sciences and the National and if they come to a classroom and The PRESIDING OFFICER. The Sen- Research Council conducted studies can’t stay awake and are listless be- ator from Minnesota. that show that, overall, immigrants cause of not having enough to eat, how Who yields time? pay more in taxes than they use in gov- can we be a better Nation? Mr. WELLSTONE. I ask the Senator ernment benefits. Since 1996, many States have worked from Illinois if he has 5 minutes. Allow me to digress and tell you that to pick up the slack. Seventeen States, Mr. DURBIN. Mr. President, how a little over 2 weeks ago I was at an air including mine, provide State-funded much time is remaining? The PRESIDING OFFICER. Nine base near Kabul in Afghanistan. I ran food stamps to some or all legal immi- into a soldier from Illinois. He told me minutes 10 seconds. grants who are ineligible for the Food Mr. DURBIN. I am happy to yield 5 of his high school in the suburbs of the Stamp Program—because of the minutes to the Senator. city of Chicago, and he said: When I get changes in the law. In most of the The PRESIDING OFFICER. The Sen- through with my Army experience States, eligibility is limited to very ator from Minnesota. here, can I come to your office and will narrow categories of immigrants. Mr. WELLSTONE. Mr. President, I you help me to apply to become a cit- On Monday, President Bush released am honored to be a cosponsor of the izen? He is a member of the U.S. Army, his fiscal year 2003 budget proposal. I Durbin amendment which makes legal a soldier risking his life fighting ter- am certain there will be many items I immigrants who have lived in this rorism in Afghanistan, but he is from will disagree with in that proposal. But country 5 years eligible for food Panama. He is legal here, and he volun- I congratulate him for including a res- stamps. teered to serve this Nation, but he is toration of benefits for legal immi- My colleague from Indiana, Senator not a citizen. I said of course I would grants identical to that in my amend- LUGAR, has been a strong advocate as help him. He is a legal immigrant to ment. well, and a number of Senators voted America who would be denied, under When this provision was first made for Senator LUGAR’s amendments many circumstances, food stamps. Yet public in January, a senior administra- which work to improve the nutrition he has volunteered and is serving our tion official was quoted as saying: programs. Nation in uniform. How do you make We believe this will go a long way to meet- First a disclaimer. On this whole any sense out of that kind of policy? ing the needs of children and adults who question of illegal immigrants, we are This amendment tries to do that. It need additional benefits. It will allow them all products of our personal experience. says immigrant families with children, to have access to nutritious food and will im- I remember during the debate on the prove their well-being. who tend to have lower income levels welfare bill in 1996, one of the things I than native-born families with chil- Applause to the President and to the said was that to vote for the bill would dren, need a helping hand with food White House. Congratulations for a be to me like cutting off my hand be- stamps. good idea, a bipartisan idea. cause I am a son of immigrants. I am Most low-income children of immi- The author of this idea of limiting first-generation American. My father grants live in working families with food stamps to legal immigrants was fled persecution from Ukraine and Rus- two parents who are married. The vast the former Speaker of the House, Newt sia. majority of legal immigrants are not Gingrich, who was also the author of The Senator from Illinois mentioned permitted to receive food stamp bene- the Contract with America. He said the former Speaker saying we went too fits. this in the New York Times last month far, and I felt that way. I had a number In 1996, as a result of changes in the about that decision in 1996: of objections; I never understood what law, the Physicians for Human Rights In a law that reduced welfare by more than we were doing. I thought it was too interviewed 700 legal immigrant fami- 50 percent, this is one of the provisions that harsh, too punitive. lies and found that adults in one out of went too far. In retrospect, it was wrong. Then in 1998, Congress restored some three households had skipped meals in Even Speaker Gingrich can have this of the benefits to categories of immi- the previous 6 months. One in ten re- epiphany and realize that a mistake grants. It was children, elderly, and called missing a meal, not being able was made. I acknowledge and congratu- disabled, but only if they were here to eat for at least a whole day. One in late him for publicly saying this and prior to 1996. four reported cutting the size of a saying why this amendment is so im- The Food Stamp Program is a crit- child’s meals due to inadequate re- portant. ical safety net program and, by the sources. What we have learned from the 1996 way, an astounding success. This is a The Urban Institute reports that, na- cuts is that making food stamp bene- program that has made a huge dif- tionwide, 37 percent of all children of fits available to legal immigrants ference. immigrants live in families that worry doesn’t open the floodgates at our bor- One of the problems is, even if the about providing food for the table. In ders. The average food stamp benefit is children are eligible and the parent or California, Illinois, and Texas, legal $74 a person monthly—not exactly a parents are not eligible, it does not immigrants’ food insecurity rates were fortune. It is difficult to imagine fami- work. Quite frankly, it does not work. seven times worse than the general lies flocking to the United States be- One of the reasons we have seen this population in our country. cause they could be eligible for food huge decline, which should concern These harsh eligibility rules today stamps if they just wait legally for 5 us—since the bill passed, there has translate into future citizens not get- years. been maybe a 25- to 35-percent decline ting the benefits for which they are eli- Food stamps do not bring families to in food stamp participation—is because gible. The vast majority of immigrant the United States who would not other- of these cuts. Even when the children families are mixed-status families that wise come here. It is a vital support for are supposed to be helped, if the par- include at least one U.S. citizen. That low-income families. ents are not eligible, they do not know citizen is typically a child. When legal This amendment is a bipartisan op- about it, they do not know where to go, immigrant parents are not aware that portunity to support farmers through- and they are not able to help their their children are eligible for food out America with a sensible limitation kids. stamps, the kids don’t get enough to so there will not be overproduction, This amendment is about helping a eat. and to take the savings from that limi- lot of people. Altogether, 360,000 legal Participation in the Food Stamp Pro- tation to provide food for needy chil- immigrants would be helped—men, gram among children with legal perma- dren of legal immigrant families. women, some elderly, some middle nent resident parents dropped 40 per- This is a bipartisan amendment. It is aged, some children. It is the right cent from 1994 to 1999, without a cor- one that does the right thing. I am thing to do. It corrects a huge injus- responding decrease in need. pleased my colleagues, Senator LUGAR tice.

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S422 CONGRESSIONAL RECORD — SENATE February 6, 2002 I also give credit to the White House of community development, research, stamp eligibility criteria to legal im- for taking a strong lead on this. I give loans for young farmers—many issues migrants, and Senator DURBIN has credit to my colleagues, Senator DUR- that have been resolved in a very stressed that, as I do. BIN and Senator LUGAR, and I know strong bipartisan fashion. A question has been raised in pre- Senator HARKIN supports this effort. As a result, the amendments I offered vious debates on food stamp eligibility, There is bipartisan, strong support. at that time were a bridge too far. I and let me be unambiguous. We are I wish to say one other thing which is have been rescued by Senator DURBIN talking about legal immigrants who a little bit different, and it is not in- and by the President of the United meet either a 5-year U.S. residency or consistent with what I just said but is States in a bipartisan way because as 4-year work requirement. Those are interesting to me. This is a social jus- it now turns out, it may be possible fairly strong thresholds. Combining tice amendment. I thank Senator DUR- through this amendment to find re- these with Senator HARKIN’s proposal BIN for it. It is the right thing to do. It sources that, in fact, restore us to a to extend eligibility to all immigrant is extremely important to get this as- situation we might have attained dur- children will improve the Food Stamp sistance to families who need this as- ing our deliberations. Program’s capacity to serve the vul- sistance. Let me follow through on many of nerable, but we do not offer a free ride. The other thing that has happened, the arguments the distinguished Sen- The criteria I have illustrated again, as as opposed to 1996—and I think of Min- ator from Illinois has made. Simply, Senator DURBIN has, are substantial. nesota—is in a way we have new poli- the amendment generally prohibits Currently, most legal aliens are in- tics in Minnesota and new politics in taxpayer-provided crop insurance and eligible for food stamp benefits even if the country. The immigrant popu- farm program benefits on acreage they meet that program’s strict asset lations—my mother, father, and grand- which has not been cropped at least and income criteria. An estimated parents did this as well—are finding a once in the last 5 years or 3 of the last 500,000 legal immigrants who meet the voice. They are becoming active in 10 years from the time of the enact- financial rules remain categorically in- their communities. They are becoming ment of the farm bill. eligible under current law. In addition, their own leaders. They are speaking Exceptions to this general prohibi- these rules have had the unintended ef- for themselves. They are becoming a tion are made for acreage idle in the fect on citizen children living in immi- political force, and there is much more Conservation Reserve Program. That grant families. Because of confusion, recognition of who they are, what their has been a major objective of the com- fear, or a combination of these factors, needs are, and how we can support mittee and the Senate and for long- there has been a 70-percent decline in them. term crop rotations as determined by food stamp participation among this There are so many activities going the Secretary of Agriculture. group of children. That is an awesome on in the country right now that are so The amendment does not change the change as to children who clearly were important and positive for these immi- structure of farm commodity programs eligible. grant communities. as they have been designed in the un- Although immigrant restrictions Unfortunately, in my opinion, these derlying bill. apply to participation in other Federal cuts were not the only harsh feature of The bill would still have higher mar- assistance programs, the Food Stamp the welfare bill, but this was one of keting loan rates, a new commodity- Program has particularly strict rules. them. This amendment improves on specific countercyclical payment pro- For example, in Medicaid and cash as- the Agriculture Committee’s work. gram for major crops, and all the other sistance, also known as TANF, legal That work in the committee vastly im- commodity provisions we previously immigrants in the United States before proved on the mistakes we made in discussed. August 22, 1996, are eligible, at State 1996. This is a hugely important As I mentioned earlier in the debate option, under the same rules that apply amendment, and I am very proud to this afternoon, I will be offering an to all others. support it. amendment tomorrow that will radi- In contrast, most adult legal immi- The PRESIDING OFFICER. Who cally change the whole commodity grants here before that date are cat- yields time? payment system, but this amendment egorically ineligible for food stamps The Senator from Indiana. does not. It is benign with regard to ev- until they meet the 10-year work re- Mr. LUGAR. Mr. President, although erything that has preceded and should quirement. Further, children who emi- I will speak in favor of the Durbin be debated on its own merits. grated after 1996 remain ineligible amendment, I note there are no Sen- In this respect, the Durbin amend- until their parents meet the work re- ators present who are prepared to ment offers much less commodity title quirements or become citizens. speak in opposition to it. Therefore, I reform than I would like, and I admit- Considering the fact many legal im- ask unanimous consent that I be able ted as much as a preview of what may migrants work in low-paying service to yield myself 30 minutes from the op- be coming. Nevertheless, it makes an jobs, they are among the first affected position. attempt to lessen the overproduction during economic downturns such as the The PRESIDING OFFICER. Without problem that will surely only worsen if one we are now enduring. The current objection, it is so ordered. we approve the underlying farm bill immigrant work requirement thus pe- Mr. LUGAR. I yield myself as much without change. nalizes those who have little or no con- time as I may require. The Congressional Budget Office has trol over their employment situation. Mr. President, I appreciate very scored the Durbin amendment as sav- The food stamp immigrant provisions much the advocacy of Senator DURBIN ing $1.4 billion over 10 years in the that would result from the Durbin in bringing forward this amendment. I commodity title of the underlying amendment do not open the door to believe he has rescued a situation that farm bill, and that is not an immodest those who come to the United States has been well described by my col- saving. I appreciate and support my looking for a handout. Rather, they league, Senator WELLSTONE, a valued colleague’s proposal to improve the help children who are unable to sup- member of the Agriculture Committee, Food Stamp Program with the savings, port themselves, individuals who came and Senator HARKIN, our chairman. and his allocation of that, it seems to to escape persecution in their native We worked together to try to provide me, is highly merited. countries, and adults who have a docu- a much stronger safety net for nutri- With the amendment, the Senate mented work history or support from tion in this country. As it turned out, farm bill will now incorporate pro- their U.S. sponsors. in some of our deliberations—and the posals I made originally and President There is genuine need among this distinguished Presiding Officer was Bush’s budget proposal. It does both. population. Studies of both local and there for those—there were many Sen- The President and I are grateful to national scope indicate serious food in- ators who during that period of time have found this partnership with Sen- security and hunger occur. For exam- questioned when we were going to get ator DURBIN and with our distinguished ple, the Physicians for Human Rights to the commodity section and what chairman, Senator HARKIN, as Senator reported that among 700 immigrant money would be left at the end of the DURBIN mentioned. These new rules re- families, adults in one-third of them trail as we dealt with very vital issues store the extension of regular food skip meals; one-fourth cut meal size

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S423 due to inadequate resources; one-tenth Senate, to helping us achieve our goals, fore, I see the president’s proposal as a reported not eating for an entire day at to be able to put forward those matters starting point from which to make in- least once in the last 6 months. that allow us to represent our constitu- surance both more accessible and more States are vocal about the problems ents and make our States and our affordable for all working families. created by current eligibility restric- country better places, that when that Yesterday I pressed Office of Manage- tions for immigrants. Sixteen of them person decides to retire from their po- ment and Budget Director Daniels to provide food stamp replacement bene- sition and move on to other challenges, explain how the uninsured would fare fits with their own funds. Many others, it is important that we recognize them under the president’s new budget pro- according to the National Conference and say thank you. That is what I want posal. I also met with Centers for Medi- of State Legislatures, have appro- to make sure we are doing officially care and Medicaid Services Adminis- priated additional resources for food this evening in the RECORD of the Sen- trator Tom Scully to urge him to as- banks and a variety of charitable pro- ate. sist in improving upon President grams serving the immigrant popu- We have enjoyed in the last year the Bush’s proposal to provide health cov- lation. wonderful leadership of Jean Marie erage to more low-income Americans. The Food Stamp Program is the Neal in my office. As you know, I came In my visits to community health foundation of our country’s nutrition from the House of Representatives and, centers across Oregon, it has become safety net for vulnerable people. Until while bringing some outstanding peo- clear to me that the uninsured—work- 1996, eligibility was based only on a ple with me, we had to put together a ing mothers, fathers, children, single family’s financial need. Many, includ- team of staff. It was under Jean adults, students—are not interested in ing President Bush, now voice the opin- Marie’s leadership that we were able to budget battles that may prevent action ion that the food stamp immigrant find outstanding people who had been on this important matter. What Ameri- policies legislated at that time were in service both in the Senate as well as cans need is access to high quality, af- too harsh. I congratulate the President in other places and who have come now fordable health insurance. There are a for his advocacy and the publicity that to be a part of my office and my team. lot of good ideas out there to help the has surrounded that. It was a high-pro- As we come into our second year, we uninsured, but no single proposal is file advocacy. are building on a foundation and a gift going to help or please everybody. We I ask that each of us in the Senate that she gave me of putting together a need to take the best these plans have endorse the Bush administration’s food wonderful team that is committed and to offer and come up with a comprehen- stamp policy by voting for Senator intelligent and loyal and hard working. sive solution as soon as possible. DURBIN’s amendment, which the Sen- We in our office are going to miss her There has never been a better, or ator has pointed out encompasses ex- greatly, and we are very grateful for all more important, time to act with re- actly the same goals. It is our oppor- of her hard work. spect to the uninsured. I understand tunity, in a bipartisan way, hopefully I know her previous employers, Sen- the demands on our treasury are great in a unanimous way, to improve the ca- ator Bryan and Congressman JOHN as we fight the war on terrorism both pacity of the Food Stamp Program to SPRATT, and all of those who have at home and abroad; however, the de- operate as a genuine nutrition safety come in contact and have benefited mands on our health care system are net for our country. from Jean Marie’s intelligence and also increasing. With a recession and I suggest the absence of a quorum. hard work and loyalty and ability to rapidly rising health care costs, more The PRESIDING OFFICER (Ms. see and create a vision in terms of the and more Americans will find them- CANTWELL). The clerk will call the roll. office, as well as issues and advocacy selves without health insurance. This The assistant legislative clerk pro- for our States, are really happy for her. is no time to ignore them. I look for- ceeded to call the roll. Again, I invite anyone who is within ward to working with my colleagues Mr. REID. Madam President, I ask earshot to come by until 7 o’clock this and the Administration to find a way unanimous consent the order for the evening and join us to have an oppor- to make room for as many of them as quorum call be dispensed with. tunity to celebrate Jean Marie’s serv- we can in this year’s budget, as we The PRESIDING OFFICER. Without ice to the Senate and to thank her for work toward a day when every Amer- objection, it is so ordered. that and to wish her well as she moves ican has access to high quality health f on to, I am sure, many more successes. care coverage. f MORNING BUSINESS f Mr. REID. Madam President, I ask AMERICA’S UNINSURED MENTAL HEALTH unanimous consent the Senate proceed Mr. SMITH of Oregon. Madam Presi- to a period for morning business with dent, I come to the floor once again to Mr. DURBIN. Madam President, I Senators permitted to speak therein talk about the uninsured in America. I submit for the RECORD an article that for up to 10 minutes each. think it is important that, as we sink ran in The Washington Post yesterday The PRESIDING OFFICER. Without our teeth into this year’s budget, we about the discrimination that individ- objection, it is so ordered. remember the men, women, and chil- uals with a history of mental illness f dren who live, work, and go to school face in our current health insurance every day without health insurance, market. The story documents the di- JEAN MARIE NEAL knowing that any illness could threat- lemma of Michelle Witte who was de- Ms. STABENOW. Madam President, I en their livelihood and even their lives. nied health insurance coverage because rise to invite Members and staff to join I have spent a great deal of time in she was successfully treated for depres- me and my staff as we celebrate and recent months learning about the unin- sion during her adolescence. In fact, thank this evening, in the Mansfield sured—who they are, why they have no more than 50 million Americans each Room, Jean Marie Neal, who has been health coverage, the effects on individ- year suffer from mental illness. About my chief of staff for the last year, my uals and their families, and what can 19 percent of the Nation’s adults and 21 first year in the Senate. While I under- be done to resolve this crisis. percent of the youths aged 9 to 17 have stand the rules of the Senate do not This year, the president’s budget con- a mental disorder at some time during allow me to acknowledge her presence tains $89 billion to help the uninsured. a one-year period. in the gallery, I do want to indicate This is no small number, to be sure, Last Congress I introduced legisla- that I believe it is important to recog- and it demonstrates the president’s tion to address the barriers faced by nize the service of this wonderful commitment to providing health cov- Michelle Witte and thousands like her woman who has spent 21 years in the erage for all Americans; however, this who have been treated for a mental service of the Congress, the majority of proposal is only projected to provide condition. I plan to reintroduce this that in the Senate, working for Sen- coverage for up to six million of the legislation this spring, and I urge my ator Dick Bryan. forty million uninsured—leaving thir- colleagues to join me in this effort. It is important to note that when we ty-four million men, women, and chil- The Mental Health Patients’ Rights have someone who is dedicated to the dren without health insurance. There- Act limits the ability of health plans

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S424 CONGRESSIONAL RECORD — SENATE February 6, 2002 to redline individuals with a pre- underwriting for mental health condi- did everything right in getting prompt treat- existing mental health condition. I un- tions that results in denying coverage ment. ‘‘It was a success story,’’ said Witte. dertook this initiative when I learned or raising premiums; and the extent of ‘‘I’m a proponent of drugs when they’re used that some of my constituents were state laws that prevent or constrain in- properly. They can really help.’’ being turned away from health plans in surers from denying coverage or rais- Why should she be penalized for being a success story? the private non-group market due sole- ing premiums due to a history of men- ly to a past history of treatment for tal health conditions, including con- It’s legal for health insurers to consider a mental conditions. Unfortunately, person’s health status when they offer indi- sumer protections such as appeals pro- vidual policies. Otherwise some people might under the current system of care in the cedures and access to information. This not buy insurance until they were diagnosed United States, individuals who are un- report is due out next month. with a major medical problem and needed dergoing treatment or have a history It simply does not make sense that a coverage to get care. of treatment for mental illness may person is rendered uninsurable for all But this is obviously not the case with find it difficult to obtain private health needs simply because he or she Witte, a healthy young woman who runs reg- health insurance, especially if they seeks treatment for mental illness. I ularly and likes to take day-long hikes. As a must purchase it on their own and do invite my colleagues to enlist in this health insurance reject, she is eligible for not have an employer-sponsored group important initiative to ensure that programs designed for high-risk individuals, plan available to them. In part this is such individuals are not discriminated but the costs of coverage are generally high- because while the Health Insurance er and the benefits more limited compared to against when applying for health insur- a regular plan. That’s a steep price to pay for Portability and Accountability Act, ance coverage. having had a six-month prescription for HIPAA, protects millions of Americans I ask unanimous consent that the ar- Zoloft. in the group health insurance market, ticle be printed in the RECORD. In many parts of the country, the infra- it affords few protections for individ- There being no objection, the article structure of mental health services is unrav- uals who apply for private non-group was ordered to be printed in the eling. Headlines have rightly focused on the insurance. While the majority of Amer- RECORD, as follows: collapse of public programs for people who icans under age 65 have employer-spon- [From the Washington Post, Feb. 5, 2002] need government-funded treatment. sored group coverage, a significant mi- SECOND OPINION: THE PERILS OF DOING RIGHT But a much larger population with mental nority, approximately 12.6 million indi- (By Abigail Trafford) disorders remains in the private sector. They viduals, rely on private, individual Michelle Witte did everything right. She are holding jobs and raising families. They health insurance. graduated from the University of Maryland rely on private insurance and private thera- The Mental Health Patients’ Rights last June with a degree in English. She got pists for treatment. Support for them is Act closes this loophole by limiting a job she loves with a Washington commu- eroding, too, as insurance agencies stint on nications firm that is too small to qualify payment for mental health services, man- any preexisting condition exclusion re- aged care plans place limits on benefits, and lating to a mental health condition to for a group health plan. But her employer will pay for an an individual policy, so she the burden of co-payments and other out-of- not more than 12 months and reducing applied to CareFirst BlueCross BlueShield. pocket expenses continues to increase. this exclusion period by the total In answer to questions on the form, she stat- Even people with good jobs and supposedly amount of previous continuous cov- ed that she has chronic asthma and had been good health coverage are hurting. One man erage. It prohibits any health insurer prescribed antidepressant medication for a who works for the federal government has that offers health coverage in the indi- short period when she was in high school. been treated for major depression since his vidual insurance market from impos- The health plan rejected her. first episode at age 38. He has seen the same ‘‘Upon review of the Individual Health ing a preexisting condition exclusion psychiatrist, who monitors his medications Evaluation Questionnaire, you have docu- and provides psychotherapy, every week for relating to a mental health condition mented that you have been or are currently 15 years. unless a diagnosis, medical advice or being treated for depressive disorder,’’ stated This year his insurance plan has elimi- treatment was recommended or re- the letter from the health plan. ‘‘Based upon nated the more generous high-option policy ceived within the 6 months prior to the our medical underwriting criteria, we are un- that covered 50 visits to the doctor. His cur- enrollment date. And it prohibits able to approve this coverage for you.’’ rent plan, with a premium that is a few dol- ‘‘I just think it’s shocking,’’ said Witte, 23. lars cheaper every month, covers only 25 ses- health plans in the individual market CareFirst has refused to comment on the sions. His psychiatrist charges $165 an hour; from charging higher premiums to in- case. But in its official reply to her applica- the plan now covers about half the hourly dividuals based solely on the deter- tion, the plan expressed no concern over her fee, and only half the time. Bottom line: His mination that the individual has had a ongoing problem of asthma. It was one epi- doctor bills come to $8,250 a year. His plan sode of successfully treated depression in preexisting mental health condition. pays $1,800; he pays the rest. These provisions apply to all health adolescence that turned Witte into a health ‘‘It’s not fair,’’ he said, ‘‘it has to cost us plans in the individual market, regard- plan pariah. ‘‘It didn’t occur to me that it could be such a liability,’’ she said. so much money when there’s supposed to be less of whether a state has enacted an This is how discrimination works against parity’’ in coverage of mental and physical alternative mechanism, such as a risk people with mental diseases. For all the illnesses. ‘‘Parity keeps slipping away.’’ pool, to cover individuals with pre- rhetoric about removing the stigma of men- The president last week came out in favor existing health conditions. tal illness and treating disorders of the brain of patients’ rights. That ought to include the The Mental Health Patients’ Rights the same way as disorders of the body, the millions of Americans with mental illness. Act complements ongoing efforts to en- bias persists. A physical disease like asthma hance parity between mental health is okay; a mental disorder like depression is f services and other health benefits. This not. is because parity alone will not help in- If anything, Witte ought to be a prized health plan client. She has demonstrated LOCAL LAW ENFORCEMENT ACT dividuals who do not have access to that she knows how to take care of herself. OF 2001 any affordable health insurance due to Six years ago, when she was in high school, Mr. SMITH of Oregon. Madam Presi- preexisting mental illness discrimina- she developed anorexia, an eating disorder. tion. The Patients’ Rights Act does not Her parents promptly took her to a psychia- dent, I rise today to speak about hate mandate that insurers provide mental trist at Children’s National Medical Center crimes legislation I introduced with health services if they are not already who diagnosed depression and prescribed a Senator KENNEDY in March of last offering such coverage. It simply pro- six-month course of the antidepressant year. The Local Law Enforcement Act hibits plans in the private non-group Zoloft. Witte responded well. She overcame of 2001 would add new categories to her eating problems. She has had no prob- current hate crimes legislation sending market from redlining individuals who lems with depression since that time. apply for general health insurance How many teenage girls try to keep their a signal that violence of any kind is based solely on a past history of treat- destructive eating habits secret? How many unacceptable in our society. ment for a mental condition. go for years without proper treatment? They I would like to describe a terrible I have also asked the General Ac- can end up needing hospitalization and may crime that occurred April 17, 1993 in counting Office to examine the types of suffer long-term complications. In the end, Portland, ME. Two men assaulted a fa- mental health conditions for which in- that is much more expensive to a health plan ther and son they mistook for a gay dividual health insurers typically un- than covering outpatient psychotherapy and couple. The assailants, James G. medications for six months. derwrite; the degree to which there is In short, Witte and her parents—her father Miezin, 23, of Parma, and Thomas J. an actuarial basis for these carrier works for the federal government, her moth- Lengieza, 22, were charged with harass- practices; the prevalence of medical er for a health maintenance organization— ment and assault.

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S425 I believe that government’s first duty Mr. COBLE, Mr. SMITH of Texas, Mr. Health Service Act, Employee Retire- is to defend its citizens, to defend them GALLEGLY, Mr. CONYERS, Mr. FRANK, ment Income Security Act of 1974, and against the harms that come out of Mr. SCOTT, and Ms. BALDWIN: Provided, the Internal Revenue Code of 1986 to hate. The Local Law Enforcement En- That Mr. BERMAN is appointed in lieu provide for nondiscriminatory coverage hancement Act of 2001 is now a symbol of Ms. BALDWIN for consideration of for substance abuse treatment services that can become substance. I believe section 312 of the Senate amendment, under private group and individual that by passing this legislation, we can and modifications committed to con- health coverage. change hearts and minds as well. ference. S. 677 f From the Committee on Energy and At the request of Mr. HATCH, the Commerce, for consideration of sec- names of the Senator from Oklahoma MESSAGES FROM THE PRESIDENT tions 2203–6, 22–8, 2210, 2801, 2901–2911, (Mr. INHOFE) and the Senator from Wy- Messages from the President of the 2951, 4005, and title VIII of the Senate oming (Mr. ENZI) were added as cospon- United States were communicated to amendment, and modifications com- sors of S. 677, a bill to amend the Inter- the Senate by Ms. Evans, one of his mitted to conference: Mr. TAUZIN, Mr. nal Revenue Code of 1986 to repeal the secretaries. BILIRAKIS, and Mr. DINGELL. required use of certain principal repay- f From the Committee on Education ments on mortgage subsidy bond fi- and the Workforce, for consideration of nancing to redeem bonds, to modify the EXECUTIVE MESSAGES REFERRED sections 2207, 2301, 2302, 2311, 2321–4, and purchase price limitation under mort- As in executive session the Presiding 2331–4 of the Senate amendment, and gage subsidy bond rules based on me- Officer laid before the Senate messages modifications committed to con- dian family income, and for other pur- from the President of the United ference: Mr. HOEKSTRA, Mr. CASTLE, poses. States submitting sundry nominations and Mr. GEORGE MILLER of California. S. 806 which were referred to the appropriate f At the request of Mr. HUTCHINSON, committees. the name of the Senator from Pennsyl- (The nominations received today are MEASURES REFERRED vania (Mr. SANTORUM) was added as a printed at the end of the Senate pro- The following bill was read the first cosponsor of S. 806, a bill to guarantee ceedings.) and the second times by unanimous the right of individuals to receive full f consent, and referred as indicated: social security benefits under title II of H.R. 577. An act to require any organiza- the Social Security Act with an accu- MESSAGE FROM THE HOUSE tion that is established for the purpose of rate annual cost-of-living adjustment. At 3:26 p.m., a message from the raising funds for the creation of a Presi- S. 999 House of Representatives, delivered by dential archival depository to disclose the At the request of Mr. BINGAMAN, the Mr. Hays, one of its reading clerks, an- sources and amounts of any funds raised; to name of the Senator from New Jersey the Committee on Governmental Affairs. nounced that the House has passed the (Mr. TORRICELLI) was added as a co- following bills: f sponsor of S. 999, a bill to amend title 10, United States Code, to provide for a S. 737. An act to designate the facility of REPORTS OF COMMITTEES the United States Postal Service located at Korea Defense Service Medal to be 811 South Main Street in Yerington, Nevada, The following reports of committees issued to members of the Armed Forces as the ‘‘Joseph E. Dini, Jr. Post Office.’’ were submitted: who participated in operations in S. 970. An act to designate the facility of By Mr. BINGAMAN, from the Committee Korea after the end of the Korean War. the United States Postal Service located at on Energy and Natural Resources: S. 1107 39 Tremont Street, Paris Hill, Maine, as the Special Report entitled ‘‘History, Jurisdic- At the request of Mr. HARKIN, the ‘‘Horatio King Post Office Building.’’ tion, and a Summary of Activities of the S. 1026. An act to designate the United Committee on Energy and Natural Resources name of the Senator from New York States Post Office located at 60 Third Ave- during the 106th Congress’’ (Rept. No. 107– (Mr. SCHUMER) was added as a cospon- nue in Long Branch, New Jersey, as the ‘‘Pat 135). sor of S. 1107, a bill to amend the Na- King Post Office Building.’’ tional Labor Relations Act and the f S. 1888. An act to amend title 18 of the Railway Labor Act to prevent discrimi- United States Code to correct a technical INTRODUCTION OF BILLS AND nation based on participation in labor error in the codification of title 36 of the United States Code. JOINT RESOLUTIONS disputes. S. 1209 The message also announced that the The following bills and joint resolu- At the request of Mr. BINGAMAN, the House has passed the following bill and tions were introduced, read the first name of the Senator from Hawaii (Mr. joint resolution, in which it requests and second times by unanimous con- AKAKA) was added as a cosponsor of S. the concurrence of the Senate: sent, and referred as indicated: By Mr. VOINOVICH: 1209, a bill to amend the Trade Act of H.R. 577. An act to require any organiza- 1974 to consolidate and improve the tion that is established for the purpose of S. 1913. A bill to amend title 5, United raising funds for the creation of a Presi- States Code, to establish an exchange pro- trade adjustment assistance programs, dential archival depository to disclose the gram between the Federal government and to provide community-based economic sources and amounts of any funds raised. the private sector to develop expertise in in- development assistance for trade-af- H.J. Res. 82. An act recognizing the 91st formation technology management, and for fected communities, and for other pur- birthday of Ronald Reagan. other purposes; to the Committee on Govern- poses. mental Affairs. The message further announced that S. 1210 the House has disagreed to the amend- f At the request of Mr. CAMPBELL, the ment of the Senate to the bill, H.R. ADDITIONAL COSPONSORS name of the Senator from Oklahoma 2215, to authorize appropriations for (Mr. INHOFE) was added as a cosponsor the Department of Justice for fiscal S. 237 of S. 1210, a bill to reauthorize the Na- year 2002, and for other purpose, and At the request of Mr. HUTCHINSON, tive American Housing Assistance and agrees to the conference asked by the the name of the Senator from Maine Self-Determination Act of 1996. Senate on the disagreeing votes of the (Ms. COLLINS) was added as a cosponsor S. 1248 two House thereon; and appoints the of S. 237, a bill to amend the Internal At the request of Mr. KERRY, the following Members as the managers of Revenue Code of 1986 to repeal the 1993 name of the Senator from Florida (Mr. the conference on the part of the income tax increase on Social Security NELSON) was added as a cosponsor of S. House: benefits. 1248, a bill to establish a National From the Committee on the Judici- S. 595 Housing Trust Fund in the Treasury of ary, for consideration of the House bill At the request of Mr. WELLSTONE, the the United States to provide for the de- and the Senate amendment, and modi- name of the Senator from New Jersey velopment of decent, safe, and afford- fications committed to conference: Mr. (Mr. CORZINE) was added as a cosponsor able, housing for low-income families, SENSENBRENNER, Mr. HYDE, Mr. GEKAS, of S. 595, a bill to amend the Public and for other purposes.

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S426 CONGRESSIONAL RECORD — SENATE February 6, 2002 S. 1278 month of December as ‘‘National Chil- SA 2815. Mr. BOND submitted an amend- At the request of Mrs. LINCOLN, the dren’s Memorial Day’’ and the last Fri- ment intended to be proposed to amendment name of the Senator from Alabama day in the month of April as ‘‘Chil- SA 2773 submitted by Mr. GRASSLEY and in- tended to be proposed to the bill (H.R. 622) (Mr. SESSIONS) was added as a cospon- dren’s Memorial Flag Day.’’ supra; which was ordered to lie on the table. sor of S. 1278, a bill to amend the Inter- S. CON. RES. 11 SA 2816. Mr. SESSIONS submitted an nal Revenue Code of 1986 to allow a At the request of Mrs. FEINSTEIN, the amendment intended to be proposed to United States independent film and name of the Senator from Georgia (Mr. amendment SA 2773 submitted by Mr. GRASS- television production wage credit. CLELAND) was added as a cosponsor of LEY and intended to be proposed to the bill S. 1476 S. Con. Res. 11, a concurrent resolution (H.R. 622) supra; which was ordered to lie on the table. At the request of Mr. CLELAND, the expressing the sense of Congress to name of the Senator from New Mexico fully use the powers of the Federal SA 2817. Mr. SESSIONS submitted an amendment intended to be proposed to INGAMAN (Mr. B ) was added as a cospon- Government to enhance the science amendment SA 2773 submitted by Mr. GRASS- sor of S. 1476, a bill to authorize the base required to more fully develop the LEY and intended to be proposed to the bill President to award a gold medal on be- field of health promotion and disease (H.R. 622) supra; which was ordered to lie on half of the Congress to Reverend Doc- prevention, and to explore how strate- the table. tor Martin Luther King, Jr. (post- gies can be developed to integrate life- SA 2818. Mr. DEWINE (for himself, Ms. COL- humously) and his widow Coretta Scott style improvement programs into na- LINS, Mr. CLELAND, Mrs. CARNAHAN, Mr. King in recognition of their contribu- tional policy, our health care system, THURMOND, Mr. MILLER, Mr. HELMS, and Mr. tions to the Nation on behalf of the schools, workplaces, families and com- MCCAIN) submitted an amendment intended to be proposed by him to the bill H.R. 622, civil rights movement. munities. supra; which was ordered to lie on the table. S. 1482 AMENDMENT NO. 2533 SA 2819. Mr. DASCHLE proposed an At the request of Mr. HARKIN, the At the request of Mr. CRAPO, the amendment to the bill H.R. 622, supra. name of the Senator from Mississippi names of the Senator from Wyoming SA 2820. Mr. LEVIN (for Mr. DASCHLE) pro- (Mr. COCHRAN) was added as a cospon- (Mr. ENZI) and the Senator from Mon- posed an amendment to the bill H.R. 622, sor of S. 1482, a bill to consolidate and tana (Mr. BURNS) were added as cospon- supra. revise the authority of the Secretary of sors of amendment No. 2533 intended to SA 2821. Mr. DURBIN (for himself, Mr. Agriculture relating to protection of be proposed to S. 1731, an original bill LUGAR, Mr. BINGAMAN, Mr. DOMENICI, Mr. GRAHAM, Mr. WELLSTONE, Mr. KERRY, and animal health. to strengthen the safety net for agri- Mr. SMITH, of Oregon) proposed an amend- S. 1605 cultural producers, to enhance resource ment to amendment SA 2471 submitted by At the request of Mr. CONRAD, the conservation and rural development, to Mr. DASCHLE and intended to be proposed to name of the Senator from Louisiana provide for farm credit, agricultural re- the bill (S. 1731) to strengthen the safety net (Ms. LANDRIEU) was added as a cospon- search, nutrition, and related pro- for agricultural producers, to enhance re- sor of S. 1605, a bill to amend title grams, to ensure consumers abundant source conservation and rural development, food and fiber, and for other purposes. to provide for farm credit, agricultural re- XVIII of the Social Security Act to search, nutrition, and related programs, to provide for payment under the Medi- AMENDMENT NO. 2573 ensure consumers abundant food and fiber, care Program for four hemodialysis At the request of Mr. BINGAMAN, the and for other purposes. treatments per week for certain pa- name of the Senator from New Mexico SA 2822. Mr. HELMS submitted an amend- tients, to provide for an increased up- (Mr. DOMENICI) was added as a cospon- ment intended to be proposed to amendment date in the composite payment rate for sor of amendment No. 2573. SA 2471 submitted by Mr. DASCHLE and in- tended to be proposed to the bill (S. 1731) dialysis treatments, and for other pur- AMENDMENT NO. 2727 poses. supra; which was ordered to lie on the table. At the request of Mr. ROCKEFELLER, SA 2823. Mr. REID (for Ms. LANDRIEU) pro- S. 1677 the names of the Senator from Virginia posed an amendment to the bill H.R. 586, to At the request of Mr. BINGAMAN, the (Mr. ALLEN), the Senator from Virginia amend the Internal Revenue Code of 1986 to name of the Senator from Maryland (Mr. WARNER), the Senator from Maine provide that the exclusion from gross income (Ms. MIKULSKI) was added as a cospon- (Ms. SNOWE), the Senator from Oregon for foster care payments shall also apply to sor of S. 1677, a bill to amend title I of (Mr. SMITH), the Senator from New payments by qualified placement agencies, and for other purposes. the Employee Retirement Income Se- York (Mr. SCHUMER), the Senator from SA 2824. Mr. REID (for Mr. KENNEDY (for curity Act of 1974 to cerate a safe har- Nevada (Mr. ENSIGN), the Senator from himself and Mr. FRIST)) proposed an amend- bor for retirement plan sponsors in the Utah (Mr. BENNETT), the Senator from ment to the bill S. 1274, to amend the Public designation and monitoring of invest- New York (Mrs. CLINTON), and the Sen- Health Service Act to provide programs for ment advisers for workers managing ator from Oregon (Mr. WYDEN) were the prevention, treatment, and rehabilita- their retirement income assets. added as cosponsors of amendment No. tion of stroke. S. 1749 2727 intended to be proposed to H.R. SA 2825. Mr. INHOFE submitted an amend- ment intended to be proposed to amendment At the request of Mr. KENNEDY, the 622, a bill to amend the Internal Rev- SA 2471 submitted by Mr. DASCHLE and in- name of the Senator from New Hamp- enue Code of 1986 to expand the adop- tion credit, and for other purposes. tended to be proposed to the bill (S. 1731) to shire (Mr. SMITH) was added as a co- strengthen the safety net for agricultural sponsor of S. 1749, a bill to enhance the AMENDMENT NO. 2776 producers, to enhance resource conservation border security of the United States, At the request of Mr. HUTCHINSON, and rural development, to provide for farm and for other purposes. the name of the Senator from Idaho credit, agricultural research, nutrition, and S. 1761 (Mr. CRAIG) was added as a cosponsor of related programs, to ensure consumers abun- amendment No. 2776 intended to be pro- dant food and fiber, and for other purposes; At the request of Mr. DORGAN, the which was ordered to lie on the table. names of the Senator from Louisiana posed to H.R. 622, a bill to amend the (Ms. LANDRIEU) and the Senator from Internal Revenue Code of 1986 to ex- f Illinois (Mr. DURBIN) were added as co- pand the adoption credit, and for other sponsors of S. 1761, a bill to amend title purposes. TEXT OF AMENDMENTS XVIII of the Social Security Act to f provide for coverage of cholesterol and SA 2814. Mr. BOND submitted an blood lipid screening under the medi- AMENDMENTS SUBMITTED AND amendment intended to be proposed to care program. PROPOSED amendment SA 2773 submitted by Mr. S. RES. 109 SA 2814. Mr. BOND submitted an amend- GRASSLEY and intended to be proposed At the request of Mr. REID, the ment intended to be proposed to amendment to the bill (H.R. 622) to amend the In- names of the Senator from Texas (Mrs. SA 2773 submitted by Mr. GRASSLEY and in- ternal Revenue Code of 1986 to expand tended to be proposed to the bill (H.R. 622) to the adoption credit, and for other pur- HUTCHISON) and the Senator from Illi- amend the Internal Revenue Code of 1986 to nois (Mr. DURBIN) were added as co- expand the adoption credit, and for other poses; which was ordered to lie on the sponsors of S. Res. 109, a resolution purposes; which was ordered to lie on the table; as follows: designating the second Sunday in the table. At the end, add the following:

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MODIFICATION OF UNRELATED BUSI- application of this section is prevented at ‘‘(I) clause (i) shall apply to distributions NESS INCOME LIMITATION ON IN- any time on or before April 15, 2003, by the from all qualified retirement plans (as de- VESTMENT IN CERTAIN DEBT-FI- operation of any law or rule of law (including fined in section 4974(c)), and NANCED PROPERTIES. res judicata), refund or credit of such over- ‘‘(II) such 4 consecutive weeks shall be sub- (a) IN GENERAL.—Section 514(c)(6) of the In- payment (to the extent attributable to the stituted for the 12 consecutive weeks re- ternal Revenue Code of 1986 (relating to ac- application of this section) may, neverthe- ferred to in subclause (I) of clause (i).’’ quisition indebtedness) is amended— less, be made or allowed if claim therefor is (1) by striking ‘‘include an obligation’’ and (b) EFFECTIVE DATE.—The amendment filed on or before April 15, 2003. inserting ‘‘include— made by this section shall apply to distribu- tions after the date of the enactment of this ‘‘(A) an obligation’’, SA 2816. Mr. SESSIONS submitted an (2) by striking the period at the end and in- division. serting ‘‘, or’’, and amendment intended to be proposed to SEC. ll. INCREASE IN CHILD TAX CREDIT. (3) by adding at the end the following: amendment SA 2773 submitted by Mr. (a) IN GENERAL.—The table contained in ‘‘(B) indebtedness incurred by a small busi- GRASSLEY and intended to be proposed section 24(a)(2) (relating to per child ness investment company licensed under the to the bill (H.R. 622) to amend the In- amount) is amended by striking all matter Small Business Investment Act of 1958 which ternal Revenue Code of 1986 to expand preceding the second item and inserting the is evidenced by a debenture— the adoption credit, and for other pur- following: ‘‘(i) issued by such company under section poses; which was ordered to lie on the ‘‘In the case of any ‘‘The per child 303(a) of such Act, or table; as follows: taxable year begin- amount is— ‘‘(ii) held or guaranteed by the Small Busi- At the end of subtitle A of title VI of the ning in— ness Administration.’’. 2001 ...... $1,000 (b) EFFECTIVE DATE.—The amendments amendment, add the following: 2002, 2003, or 2004 ...... 600’’. made by subsection (a) shall apply to acqui- SEC. ll. ADDITIONAL REQUIREMENTS TO EN- (b) EFFECTIVE DATE.—The amendment sitions made on or after the date of the en- SURE GREATER USE OF ADVANCE made by this section shall apply to taxable actment of this Act. PAYMENT OF EARNED INCOME CREDIT. years beginning after December 31, 2000. SA 2815. Mr. BOND submitted an Not later than February 1, 2002, the Sec- SEC. ll. TEMPORARY INCREASE IN DEDUCTION amendment intended to be proposed to retary of the Treasury by regulation shall FOR CAPITAL LOSSES OF TAX- amendment SA 2773 submitted by Mr. require— PAYERS OTHER THAN CORPORA- (1) each employer of an employee who the TIONS. GRASSLEY and intended to be proposed employer determines receives wages in an (a) IN GENERAL.—Subsection (b) of section to the bill (H.R. 622) to amend the In- amount which indicates that such employee 1211 (relating to limitation on capital losses ternal Revenue Code of 1986 to expand would be eligible for the earned income cred- for taxpayers other than corporations) is the adoption credit, and for other pur- it under section 32 of the Internal Revenue amended by adding at the end the following poses; which was ordered to lie on the Code of 1986 to provide such employee with a flush sentence: table; as follows: simplified application for an earned income ‘‘Paragraph (1) shall be applied by sub- At the end, add the following: eligibility certificate, and stituting ‘$5,000’ for ‘$3,000’ and ‘$2,500’ for SEC. ll. TREATMENT OF CERTAIN INDIVIDUALS (2) require each employee wishing to re- ‘$1,500’ in the case of taxable years beginning PERFORMING SERVICES IN CERTAIN ceive the earned income tax credit to com- in 2001 or 2002.’’. HAZARDOUS DUTY AREAS. plete and return the application to the em- (b) EFFECTIVE DATE.—The amendment (a) GENERAL RULE.—For purposes of the ployer within 30 days of receipt. made by subsection (a) shall apply to taxable following provisions of the Internal Revenue Such regulations shall require an employer years beginning after December 31, 2000. Code of 1986, a qualified hazardous duty area to provide such an application within 30 days SEC. ll. NONREFUNDABLE CREDIT FOR ELE- shall be treated in the same manner as if it of the hiring date of an employee and at MENTARY AND SECONDARY SCHOOL were a combat zone (as determined under least annually thereafter. Such regulations EXPENSES. section 112 of such Code): shall further provide that, upon receipt of a (a) IN GENERAL.—Subpart A of part IV of (1) Section 2(a)(3) (relating to special rule completed form, an employer shall provide subchapter A of chapter 1 (relating to non- where deceased spouse was in missing sta- for the advance payment of the earned in- refundable personal credits) is amended by tus). come credit as provided under section 3507 of inserting after section 25B the following new (2) Section 112 (relating to the exclusion of the Internal Revenue Code of 1986. section: certain combat pay of members of the Armed SEC. ll. EXTENSION OF ADVANCE PAYMENT OF ‘‘SEC. 25C. CREDIT FOR ELEMENTARY AND SEC- Forces). EARNED INCOME CREDIT TO ALL EL- ONDARY SCHOOL EXPENSES. (3) Section 692 (relating to income taxes of IGIBLE TAXPAYERS. ‘‘(a) ALLOWANCE OF CREDIT.—In the case of (a) IN GENERAL.—Section 3507(b) of the In- members of Armed Forces and victims of an individual who maintains a household ternal Revenue Code of 1986 (relating to certain terrorist attacks on death). which includes as a member one or more earned income eligibility certificate) is (4) Section 2201 (relating to combat zone- qualifying students (as defined in subsection amended by striking paragraph (2) and by re- related deaths of members of the Armed (b)(1)), there shall be allowed as a credit designating paragraphs (3) and (4) as para- Forces and deaths of victims of certain ter- against the tax imposed by this chapter for graphs (2) and (3), respectively. rorist attacks). the taxable year an amount equal to the (b) CONFORMING AMENDMENTS.— (5) Section 3401(a)(1) (defining wages relat- qualified elementary and secondary edu- (1) Section 3507(c)(2)(B) of the Internal ing to combat pay for members of the Armed cation expenses with respect to such stu- Revenue Code of 1986 is amended by inserting Forces). dents which are paid or incurred by the tax- ‘‘has 1 or more qualifying children and’’ be- (6) Section 4253(d) (relating to the taxation payer during such taxable year. of phone service originating from a combat fore ‘‘is not married,’’. ‘‘(b) DOLLAR LIMIT ON AMOUNT CRED- zone from members of the Armed Forces). (2) Section 3507(c)(2)(C) of such Code is ITABLE.—The amount of qualified elementary amended by striking ‘‘the employee’’ and in- (7) Section 6013(f)(1) (relating to joint re- and secondary education expenses paid or in- serting ‘‘an employee with 1 or more quali- turn where individual is in missing status). curred during any taxable year which may be fying children’’. (8) Section 7508 (relating to time for per- taken into account under subsection (a) shall (3) Section 3507(f) of such Code is amended forming certain acts postponed by reason of not exceed $500. service in combat zone). by striking ‘‘who have 1 or more qualifying ‘‘(c) QUALIFYING STUDENT.—For purposes of (b) QUALIFIED HAZARDOUS DUTY AREA.—For children and’’. this section, the term ‘‘qualifying student’’ purposes of this section, the term ‘‘qualified (c) EFFECTIVE DATE.—The amendments hazardous duty area’’ means Somalia, if for made by this section shall apply to taxable means a dependent of the taxpayer (within the period beginning on December 3, 1992, years beginning after December 31, 2001. the meaning of section 152) who is enrolled in school on a full-time basis. and ending before March 31, 1995, any mem- SEC. ll. TEMPORARY EXPANSION OF PENALTY- ber of the Armed Forces of the United States FREE RETIREMENT PLAN DISTRIBU- ‘‘(d) QUALIFIED ELEMENTARY AND SEC- was entitled to special pay under section 310 TIONS FOR HEALTH INSURANCE ONDARY EDUCATION EXPENSES.—For purposes of title 37, United States Code (relating to PREMIUMS OF UNEMPLOYED INDI- of this section— special pay; duty subject to hostile fire or VIDUALS. ‘‘(1) IN GENERAL.—The term ‘qualified ele- imminent danger) for services performed in (a) IN GENERAL.—Subparagraph (D) of sec- mentary and secondary education expenses’ such country. Such term includes such coun- tion 72(t)(2) is amended by adding at the end means computer technology or equipment try only during the period such entitlement the following new clause: expenses. was in effect. ‘‘(iv) SPECIAL RULES FOR INDIVIDUALS RE- ‘‘(2) COMPUTER TECHNOLOGY OR EQUIP- (c) EFFECTIVE DATE; SPECIAL RULE.— CEIVING UNEMPLOYMENT COMPENSATION AFTER MENT.—The term ‘computer technology or (1) EFFECTIVE DATE.—The provisions of this SEPTEMBER 10, 2001, AND BEFORE JANUARY 1, equipment’ has the meaning given such term section shall take effect on the date of the 2003.—In the case of an individual who re- by section 170(e)(6)(F)(i) and includes Inter- enactment of this Act. ceives unemployment compensation for 4 net access and related services and computer (2) SPECIAL RULE.—If refund or credit of consecutive weeks after September 10, 2001, software if such software is predominately any overpayment of tax resulting from the and before January 1, 2003— educational in nature.

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‘‘(e) SCHOOL.—For purposes of this section, of the hiring date of an employee and at SEC. ll02. CREDIT FOR EMPLOYMENT OF RE- the term ‘school’ means any public, charter, least annually thereafter. Such regulations SERVE COMPONENT PERSONNEL. private, religious, or home school which pro- shall further provide that, upon receipt of a (a) IN GENERAL.—Subpart D of part IV of vides elementary education or secondary completed form, an employer shall provide subchapter A of chapter 1 of the Internal education (through grade 12), as determined for the advance payment of the earned in- Revenue Code of 1986 (relating to business-re- under State law. come credit as provided under section 3507 of lated credits) is amended by adding at the ‘‘(f) DENIAL OF DOUBLE BENEFIT.—No de- the Internal Revenue Code of 1986. end the following new section: duction shall be allowed under this chapter ‘‘SEC. 45G. RESERVE COMPONENT EMPLOYMENT SEC. ll. EXTENSION OF ADVANCE PAYMENT OF CREDIT. for any contribution for which credit is al- EARNED INCOME CREDIT TO ALL EL- lowed under this section. IGIBLE TAXPAYERS. ‘‘(a) GENERAL RULE.—For purposes of sec- ‘‘(g) ELECTION TO HAVE CREDIT NOT tion 38, the reserve component employment (a) IN GENERAL.—Section 3507(b) of the In- APPLY.—A taxpayer may elect to have this credit determined under this section is an ternal Revenue Code of 1986 (relating to section not apply for any taxable year. amount equal to the sum of— earned income eligibility certificate) is ‘‘(h) TERMINATION.—This section shall not ‘‘(1) the employment credit with respect to apply to expenses paid or incurred after the amended by striking paragraph (2) and by re- all qualified employees of the taxpayer, plus date which is 90 days after the date of the en- designating paragraphs (3) and (4) as para- ‘‘(2) the self-employment credit of a quali- actment of this section.’’. graphs (2) and (3), respectively. fied self-employed taxpayer. (b) CONFORMING AMENDMENTS.— (b) CONFORMING AMENDMENTS.— ‘‘(b) EMPLOYMENT CREDIT.—For purposes of (1) Section 24(b)(3)(B), as added and amend- (1) Section 3507(c)(2)(B) of the Internal this section— ed by the Economic Growth and Tax Relief Revenue Code of 1986 is amended by inserting ‘‘(1) IN GENERAL.—The employment credit Reconciliation Act of 2001, is amended by ‘‘has 1 or more qualifying children and’’ be- with respect to a qualified employee of the striking ‘‘23 and 25B’’ and inserting ‘‘23, 25B, fore ‘‘is not married,’’. taxpayer for any taxable year is equal to 50 and 25C’’. (2) Section 3507(c)(2)(C) of such Code is percent of the amount of qualified compensa- (2) Section 25(e)(1)(C) is amended by strik- amended by striking ‘‘the employee’’ and in- tion that would have been paid to the em- ing ‘‘23 and 1400C’’ and by inserting ‘‘23, 25C, serting ‘‘an employee with 1 or more quali- ployee with respect to all periods during and 1400C’’. fying children’’. which the employee participates in qualified (3) Section 25(e)(1)(C), as amended by the (3) Section 3507(f) of such Code is amended reserve component duty to the exclusion of Economic Growth and Tax Relief Reconcili- by striking ‘‘who have 1 or more qualifying normal employment duties, including time ation Act of 2001, is amended by inserting children and’’. spent in a travel status had the employee ‘‘25C,’’ after ‘‘25B,’’. (c) EFFECTIVE DATE.—The amendments not been participating in qualified reserve (4) Section 25B, as added by the Economic made by this section shall apply to taxable component duty. The employment credit, Growth and Tax Relief Reconciliation Act of years beginning after December 31, 2001. with respect to all qualified employees, is 2001, is amended by striking ‘‘section 23’’ and equal to the sum of the employment credits inserting ‘‘sections 23 and 25C’’. SA 2818. Mr. DEWINE (for himself, for each qualified employee under this sub- (5) Section 26(a)(1), as amended by the Eco- Ms. COLLINS, Mr. CLELAND, Mrs. section. nomic Growth and Tax Relief Reconciliation CARNAHAM, Mr. THURMOND, Mr. MILLER, ‘‘(2) QUALIFIED COMPENSATION.—When used Act of 2001, is amended by striking ‘‘and 25B’’ Mr. HELMS, and Mr. MCCAIN) submitted with respect to the compensation paid or and inserting ‘‘25B, and 25C’’. an amendment intended to be proposed that would have been paid to a qualified em- (6) Section 1400C(d) is amended by insert- ployee for any period during which the em- ing ‘‘and section 25C’’ after ‘‘this section’’. by him to the bill H.R. 622, to amend ployee participates in qualified reserve com- (7) Section 1400C(d), as amended by the the Internal Revenue Code of 1986 to ponent duty, the term ‘qualified compensa- Economic Growth and Tax Relief Reconcili- expand the adoption credit, and for tion’ means compensation— ation Act of 2001, is amended by striking other purposes; which was ordered to ‘‘(A) which is normally contingent on the ‘‘and 25B’’ and inserting ‘‘25B, and 25C’’. lie on the table; as follows: employee’s presence for work and which (8) The table of sections for subpart A of At the end, add the following: would be deductible from the taxpayer’s part IV of subchapter A of chapter 1 is gross income under section 162(a)(1) if the amended by inserting before the item relat- TITLE ll—RELIEF FOR RESERVE employee were present and receiving such ing to section 26 the following new item: COMPONENT PERSONNEL compensation, and ‘‘Sec. 25C. Credit for elementary and sec- SEC. ll01. DEDUCTION OF CERTAIN EXPENSES ‘‘(B) which is not characterized by the tax- OF MEMBERS OF THE RESERVE ondary school expenses.’’. payer as vacation or holiday pay, or as sick COMPONENT. leave or pay, or as any other form of pay for (c) EFFECTIVE DATE.—The amendments (a) DEDUCTION ALLOWED.—Section 162 of a nonspecific leave of absence, and with re- made by this section shall apply to taxable the Internal Revenue Code of 1986 (relating spect to which the number of days the em- years ending after the date of the enactment to certain trade or business expenses) is ployee participates in qualified reserve com- of this division. amended by redesignating subsection (p) as ponent duty does not result in any reduction subsection (q) and inserting after subsection in the amount of vacation time, sick leave, SA 2817. Mr. SESSIONS submitted an (o) the following new subsection: amendment intended to be proposed to or other nonspecific leave previously cred- ‘‘(p) TREATMENT OF EXPENSES OF MEMBERS ited to or earned by the employee. amendment SA 2773 submitted by Mr. OF RESERVE COMPONENT OF ARMED FORCES OF ‘‘(3) QUALIFIED EMPLOYEE.—The term GRASSLEY and intended to be proposed THE UNITED STATES.—For purposes of sub- ‘qualified employee’ means a person who— to the bill (H.R. 622) to amend the In- section (a), in the case of an individual who ‘‘(A) has been an employee of the taxpayer ternal Revenue Code of 1986 to expand performs services as a member of a reserve for the 21-day period immediately preceding the adoption credit, and for other pur- component of the Armed Forces of the the period during which the employee par- poses; which was ordered to lie on the United States at any time during the taxable ticipates in qualified reserve component table; as follows: year, such individual shall be deemed to be duty, and away from home in the pursuit of a trade or Add at the end of subtitle A of title VI of ‘‘(B) is a member of the Ready Reserve of business during any period for which such in- the amendment, add the following: a reserve component of an Armed Force of dividual is away from home in connection the United States as defined in sections 10142 SEC. ll. ADDITIONAL REQUIREMENTS TO EN- with such service.’’. SURE GREATER USE OF ADVANCE and 10101 of title 10, United States Code. PAYMENT OF EARNED INCOME (b) DEDUCTION ALLOWED WHETHER OR NOT ‘‘(c) SELF-EMPLOYMENT CREDIT.— CREDIT. TAXPAYER ELECTS TO ITEMIZE.—Section ‘‘(1) IN GENERAL.—The self-employment Not later than February 1, 2002, the Sec- 62(a)(2) of the Internal Revenue Code of 1986 credit of a qualified self-employed taxpayer retary of the Treasury by regulation shall (relating to certain trade and business de- for any taxable year is equal to 50 percent of require— ductions of employees) is amended by adding the excess, if any, of— (1) each employer of an employee who the at the end the following new subparagraph: ‘‘(A) the self-employed taxpayer’s average employer determines receives wages in an ‘‘(D) CERTAIN EXPENSES OF MEMBERS OF RE- daily self-employment income for the tax- amount which indicates that such employee SERVE COMPONENTS OF THE ARMED FORCES OF able year over would be eligible for the earned income cred- THE UNITED STATES.—The deductions allowed ‘‘(B) the average daily military pay and al- it under section 32 of the Internal Revenue by section 162 which consist of expenses paid lowances received by the taxpayer during the Code of 1986 to provide such employee with a or incurred by the taxpayer in connection taxable year, while participating in qualified simplified application for an earned income with the performance of services by such reserve component duty to the exclusion of eligibility certificate, and taxpayer as a member of a reserve compo- the taxpayer’s normal self-employment du- (2) require each employee wishing to re- nent of the Armed Forces of the United ties for the number of days the taxpayer par- ceive the earned income tax credit to com- States.’’. ticipates in qualified reserve component plete and return the application to the em- (c) EFFECTIVE DATE.—The amendments duty during the taxable year, including time ployer within 30 days of receipt. made by this section shall apply to amounts spent in a travel status. Such regulations shall require an employer paid or incurred in taxable years beginning ‘‘(2) AVERAGE DAILY SELF-EMPLOYMENT IN- to provide such an application within 30 days after December 31, 2001. COME AND AVERAGE DAILY MILITARY PAY AND

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ALLOWANCES.—As used with respect to a self- ‘‘(C) full-time National Guard duty, as de- Sec. 5. Financing provisions. employed taxpayer— fined in section 101(d)(5) of title 10, United Sec. 6. Fraud and overpayments. ‘‘(A) the term ‘average daily self-employ- States Code. Sec. 7. Definitions. ment income’ means the self-employment in- ‘‘(f) GENERAL DEFINITIONS AND SPECIAL Sec. 8. Applicability. come (as defined in section 1402) of the tax- RULES.— SEC. 2. FEDERAL-STATE AGREEMENTS. ‘‘(1) MILITARY PAY AND ALLOWANCES.—The payer for the taxable year divided by the dif- (a) IN GENERAL.—Any State which desires ference between— term ‘military pay’ means pay as that term to do so may enter into and participate in an ‘‘(i) 365, and is defined in section 101(21) of title 37, United agreement under this Act with the Secretary ‘‘(ii) the number of days the taxpayer par- States Code, and the term ‘allowances’ of Labor (in this Act referred to as the ‘‘Sec- ticipates in qualified reserve component means the allowances payable to a member retary’’). Any State which is a party to an duty during the taxable year, including time of the Armed Forces of the United States agreement under this Act may, upon pro- spent in a travel status, and under chapter 7 of that title. viding 30 days written notice to the Sec- ‘‘(B) the term ‘average daily military pay ‘‘(2) QUALIFIED RESERVE COMPONENT DUTY.— retary, terminate such agreement. and allowances’ means— The term ‘qualified reserve component duty’ (b) PROVISIONS OF AGREEMENT.—Any agree- ‘‘(i) the amount paid to the taxpayer dur- includes only active duty performed, as des- ment under subsection (a) shall provide that ing the taxable year as military pay and al- ignated in the reservist’s military orders, in the State agency of the State will make pay- lowances on account of the taxpayer’s par- support of a contingency operation as de- ments of temporary extended unemployment ticipation in qualified reserve component fined in section 101(a)(13) of title 10, United compensation to individuals— duty, divided by States Code. (1) who— ‘‘(ii) the total number of days the taxpayer ‘‘(3) NORMAL EMPLOYMENT AND SELF-EM- (A) first exhausted all rights to regular participates in qualified reserve component PLOYMENT DUTIES.—A person shall be deemed compensation under the State law on or duty, including time spent in travel status. to be participating in qualified reserve com- after the first day of the week that includes ‘‘(3) QUALIFIED SELF-EMPLOYED TAXPAYER.— ponent duty to the exclusion of normal em- September 11, 2001; or The term ‘qualified self-employed taxpayer’ ployment or self-employment duties if the (B) have their 26th week of regular com- means a taxpayer who— person does not engage in or undertake any pensation under the State law end on or ‘‘(A) has net earnings from self-employ- substantial activity related to the person’s ment (as defined in section 1402) for the tax- after the first day of the week that includes normal employment or self-employment du- September 11, 2001; able year, and ties while participating in qualified reserve ‘‘(B) is a member of the Ready Reserve of (2) who do not have any rights to regular component duty unless in an authorized compensation under the State law of any a reserve component of an Armed Force of leave status or other authorized absence the United States. other State; and from military duties. If a person engages in (3) who are not receiving compensation ‘‘(d) CREDIT IN ADDITION TO DEDUCTION.— or undertakes any substantial activity re- The employment credit provided in this sec- under the unemployment compensation law lated to the person’s normal employment or of any other country. tion is in addition to any deduction other- self-employment duties at any time while (c) COORDINATION RULES.— wise allowable with respect to compensation participating in a period of qualified reserve actually paid to a qualified employee during (1) TEMPORARY EXTENDED UNEMPLOYMENT component duty, unless during a period of any period the employee participates in COMPENSATION TO SERVE AS SECOND-TIER BEN- authorized leave or other authorized absence qualified reserve component duty to the ex- EFITS.—Notwithstanding any other provision from military duties, the person shall be clusion of normal employment duties. of law, neither regular compensation, ex- deemed to have engaged in or undertaken ‘‘(e) LIMITATIONS.— tended compensation, nor additional com- such activity for the entire period of quali- ‘‘(1) MAXIMUM CREDIT.— pensation under any Federal or State law fied reserve component duty. ‘‘(A) IN GENERAL.—The credit allowed by shall be payable to any individual for any subsection (a) for the taxable year— ‘‘(4) CERTAIN RULES TO APPLY.—Rules simi- week for which temporary extended unem- ‘‘(i) shall not exceed $7,500 in the aggre- lar to the rules of subsections (c), (d), and (e) ployment compensation is payable to such gate, and of section 52 shall apply for purposes of this individual. section.’’. ‘‘(ii) shall not exceed $2,000 with respect to (2) TREATMENT OF OTHER UNEMPLOYMENT (b) CONFORMING AMENDMENT.—Section 38(b) each qualified employee. COMPENSATION.—After the date on which a of the Internal Revenue Code of 1986 (relat- ‘‘(B) CONTROLLED GROUPS.—For purposes of State enters into an agreement under this ing to general business credit) is amended— applying the limitations in subparagraph Act, any regular compensation in excess of (1) by striking ‘‘plus’’ at the end of para- (A)— 26 weeks, any extended compensation, and graph (14), ‘‘(i) all members of a controlled group shall any additional compensation under any Fed- (2) by striking the period at the end of be treated as one taxpayer, and eral or State law shall be payable to an indi- paragraph (15) and inserting ‘‘, plus’’, and ‘‘(ii) such limitations shall be allocated vidual in accordance with the State law after (3) by adding at the end the following new among the members of such group in such such individual has exhausted any rights to paragraph: manner as the Secretary may prescribe. temporary extended unemployment com- ‘‘(16) the reserve component employment For purposes of this subparagraph, all per- pensation under the agreement. credit determined under section 45G(a).’’. sons treated as a single employer under sub- (d) EXHAUSTION OF BENEFITS.—For purposes (c) CLERICAL AMENDMENT.—The table of section (a) or (b) of section 52 or subsection sections for subpart D of part IV of sub- of subsection (b)(1)(A), an individual shall be (m) or (o) of section 414 shall be treated as chapter A of chapter 1 of the Internal Rev- deemed to have exhausted such individual’s members of a controlled group. enue Code of 1986 is amended by inserting rights to regular compensation under a State ‘‘(2) DISALLOWANCE FOR FAILURE TO COMPLY after the item relating to section 45F the fol- law when— WITH EMPLOYMENT OR REEMPLOYMENT RIGHTS lowing new item: (1) no payments of regular compensation OF MEMBERS OF THE RESERVE COMPONENTS OF can be made under such law because the indi- THE ARMED FORCES OF THE UNITED STATES.— ‘‘Sec. 45G. Reserve component employment vidual has received all regular compensation No credit shall be allowed under subsection credit.’’. available to the individual based on employ- (a) to a taxpayer for— (d) EFFECTIVE DATE.—The amendments ment or wages during the individual’s base ‘‘(A) any taxable year in which the tax- made by this section shall apply to taxable period; or payer is under a final order, judgment, or years beginning after December 31, 2001. (2) the individual’s rights to such com- other process issued or required by a district pensation have been terminated by reason of court of the United States under section 4323 SA 2819. Mr. DASCHLE proposed an the expiration of the benefit year with re- of title 38 of the United States Code with re- amendment to the bill H.R. 622, to spect to which such rights existed. spect to a violation of chapter 43 of such amend the Internal Revenue Code of (e) WEEKLY BENEFIT AMOUNT, TERMS AND title, and 1986 to expand the adoption credit, and CONDITIONS, ETC. RELATING TO TEMPORARY ‘‘(B) the two succeeding taxable years. for other purposes; as follows: EXTENDED UNEMPLOYMENT COMPENSATION.— ‘‘(3) DISALLOWANCE WITH RESPECT TO PER- Strike all after the enacting clause and in- For purposes of any agreement under this SONS ORDERED TO ACTIVE DUTY FOR TRAIN- sert the following: Act— ING.—No credit shall be allowed under sub- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) the amount of temporary extended un- section (a) to a taxpayer with respect to any (a) SHORT TITLE.—This Act may be cited as employment compensation which shall be period for which the person on whose behalf the ‘‘Temporary Extended Unemployment payable to an individual for any week of the credit would otherwise be allowable is Compensation Act of 2002’’. total unemployment shall be equal to the called or ordered to active duty for any of (b) TABLE OF CONTENTS.—The table of con- amount of regular compensation (including the following types of duty: tents of this Act is as follows: dependents’ allowances) payable to such in- ‘‘(A) active duty for training under any Sec. 1. Short title; table of contents. dividual under the State law for a week for provision of title 10, United States Code, Sec. 2. Federal-State agreements. total unemployment during such individual’s ‘‘(B) training at encampments, maneuvers, Sec. 3. Temporary extended unemployment benefit year; outdoor target practice, or other exercises compensation account. (2) the terms and conditions of the State under chapter 5 of title 32, United States Sec. 4. Payments to States having agree- law which apply to claims for regular com- Code, or ments under this Act. pensation and to the payment thereof shall

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S430 CONGRESSIONAL RECORD — SENATE February 6, 2002 apply to claims for temporary extended un- the Treasury for payment to each State the have the respective meanings given such employment compensation and the payment sums described in section 4(a) which are pay- terms under section 205 of the Federal-State thereof, except where inconsistent with the able to such State under this Act. The Sec- Extended Unemployment Compensation Act provisions of this Act or with the regulations retary of the Treasury, prior to audit or set- of 1970 (26 U.S.C. 3304 note). or operating instructions of the Secretary tlement by the General Accounting Office, SEC. 8. APPLICABILITY. promulgated to carry out this Act; and shall make payments to the State in accord- An agreement entered into under this Act (3) the maximum amount of temporary ex- ance with such certification by transfers shall apply to weeks of unemployment— tended unemployment compensation payable from the extended unemployment compensa- (1) beginning after the date on which such to any individual for whom a temporary ex- tion account, as so established (or, to the ex- agreement is entered into; and tended unemployment compensation account tent that there are insufficient funds in that (2) ending before January 6, 2003. is established under section 3 shall not ex- account, from the Federal unemployment ac- ceed the amount established in such account count, as so established) to the account of SA 2820. Mr. LEVIN (for Mr. for such individual. such State in the Unemployment Trust Fund DASCHLE) proposed an amendment to SEC. 3. TEMPORARY EXTENDED UNEMPLOYMENT (as so established). the bill H.R. 622, to amend the Internal COMPENSATION ACCOUNT. SEC. 6. FRAUD AND OVERPAYMENTS. Revenue Code of 1986 to expand the (a) IN GENERAL.—Any agreement under (a) IN GENERAL.—If an individual know- adoption credit, and for other purposes; this Act shall provide that the State will es- ingly has made, or caused to be made by an- as follows: tablish, for each eligible individual who files other, a false statement or representation of Amend the title as to read: an application for temporary extended un- a material fact, or knowingly has failed, or ‘‘A bill to provide for temporary unemploy- employment compensation, a temporary ex- caused another to fail, to disclose a material ment compensation.’’ tended unemployment compensation ac- fact, and as a result of such false statement count. or representation or of such nondisclosure SA 2821. Mr. DURBIN (for himself, (b) AMOUNT IN ACCOUNT.— such individual has received any temporary Mr. LUGAR, Mr. BINGAMAN, Mr. DOMEN- (1) IN GENERAL.—The amount established in extended unemployment compensation under ICI, Mr. GRAHAM, Mr. WELLSTONE, Mr. an account under subsection (a) shall be this Act to which such individual was not en- equal to 13 times the individual’s weekly titled, such individual— KERRY, and Mr. SMITH of Oregon) pro- benefit amount. (1) shall be ineligible for any further bene- posed an amendment to amendment SA (2) WEEKLY BENEFIT AMOUNT.—For purposes fits under this Act in accordance with the 2471 submitted by Mr. DASCHLE and in- of paragraph (1)(B), an individual’s weekly provisions of the applicable State unemploy- tended to be proposed to the bill (S. benefit amount for any week is an amount ment compensation law relating to fraud in 1731) to strength the safety net for ag- equal to the amount of regular compensation connection with a claim for unemployment ricultural producers, to enhance re- (including dependents’ allowances) under the compensation; and source conservation and rural develop- State law payable to the individual for such (2) shall be subject to prosecution under ment, to provide for farm credit, agri- week for total unemployment. section 1001 of title 18, United States Code. cultural research, nutrition, and re- SEC. 4. PAYMENTS TO STATES HAVING AGREE- (b) REPAYMENT.—In the case of individuals MENTS UNDER THIS ACT. who have received any temporary extended lated programs, to ensure consumers (a) GENERAL RULE.—There shall be paid to unemployment compensation under this Act abundant food and fiber, and for other each State that has entered into an agree- to which such individuals were not entitled, purposes; as follows: ment under this Act an amount equal to 100 the State shall require such individuals to On page 128, line 8, strike the period at the percent of the temporary extended unem- repay those benefits to the State agency, ex- end and insert a period and the following: ployment compensation paid to individuals cept that the State agency may waive such SEC. 166. RESTRICTION OF COMMODITY AND by the State pursuant to such agreement. repayment if it determines that— CROP INSURANCE PAYMENTS, (b) DETERMINATION OF AMOUNT.—Sums (1) the payment of such benefits was with- LOANS, AND BENEFITS TO PRE- under subsection (a) payable to any State by out fault on the part of any such individual; VIOUSLY CROPPED LAND; FOOD reason of such State having an agreement and STAMP PROGRAM FOR CERTAIN under this Act shall be payable, either in ad- (2) such repayment would be contrary to QUALIFIED ALIENS. (a) RESTRICTION OF COMMODITY AND CROP vance or by way of reimbursement (as may equity and good conscience. INSURANCE PAYMENTS, LOANS, AND BENEFITS be determined by the Secretary), in such (c) RECOVERY BY STATE AGENCY.— TO PREVIOUSLY CROPPED LAND.—Section 194 amounts as the Secretary estimates the (1) IN GENERAL.—The State agency may re- State will be entitled to receive under this cover the amount to be repaid, or any part of the Federal Agriculture Improvement and Act for each calendar month, reduced or in- thereof, by deductions from any regular com- Reform Act of 1996 (Public Law 104–127; 110 creased, as the case may be, by any amount pensation or temporary extended unemploy- Stat. 945) is amended to read as follows: by which the Secretary finds that the Sec- ment compensation payable to such indi- ‘‘SEC. 194. RESTRICTION OF COMMODITY AND CROP INSURANCE PAYMENTS, retary’s estimates for any prior calendar vidual under this Act or from any unemploy- LOANS, AND BENEFITS TO PRE- month were greater or less than the amounts ment compensation payable to such indi- VIOUSLY CROPPED LAND. which should have been paid to the State. vidual under any Federal unemployment ‘‘(a) DEFINITION OF AGRICULTURAL COM- Such estimates may be made on the basis of compensation law administered by the State MODITY.—In this section: such statistical, sampling, or other method agency or under any other Federal law ad- ‘‘(1) IN GENERAL.—The term ‘agricultural as may be agreed upon by the Secretary and ministered by the State agency which pro- commodity’ has the meaning given the term the State agency of the State involved. vides for the payment of any assistance or in section 102 of the Agricultural Trade Act (c) ADMINISTRATIVE EXPENSES.—There are allowance with respect to any week of unem- of 1978 (7 U.S.C. 5602). appropriated out of the employment security ployment, during the 3-year period after the ‘‘(2) EXCLUSIONS.—The term ‘agricultural administration account (as established by date such individuals received the payment commodity’ does not include forage, live- section 901(a) of the Social Security Act (42 of the temporary extended unemployment stock, timber, forest products, or hay. U.S.C. 1101(a)) of the Unemployment Trust compensation to which such individuals were ‘‘(b) COMMODITIES.— Fund, without fiscal year limitation, such not entitled, except that no single deduction ‘‘(1) IN GENERAL.—Notwithstanding any funds as may be necessary for purposes of as- may exceed 50 percent of the weekly benefit other provision of this title, except as pro- sisting States (as provided in title III of the amount from which such deduction is made. vided in paragraph (2), the Secretary shall Social Security Act (42 U.S.C. 501 et seq.)) in (2) OPPORTUNITY FOR HEARING.—No repay- not provide a crop payment, crop loan, or meeting the costs of administration of agree- ment shall be required, and no deduction other crop benefit under this title to an ments under this Act. shall be made, until a determination has owner or producer, with respect to an agri- SEC. 5. FINANCING PROVISIONS. been made, notice thereof and an oppor- cultural commodity produced on land during (a) IN GENERAL.—Funds in the extended un- tunity for a fair hearing has been given to a crop year unless the land has been planted, employment compensation account (as es- the individual, and the determination has be- considered planted, or devoted to an agricul- tablished by section 905(a) of the Social Se- come final. tural commodity during— curity Act (42 U.S.C. 1105(a))), and the Fed- (d) REVIEW.—Any determination by a State ‘‘(A) at least 1 of the 5 crop years preceding eral unemployment account (as established agency under this section shall be subject to the 2002 crop year; or by section 904(g) of such Act (42 U.S.C. review in the same manner and to the same ‘‘(B) at least 3 of the 10 crop years pre- 1104(g))), of the Unemployment Trust Fund extent as determinations under the State un- ceding the 2002 crop year. (as established by section 904(a) of such Act employment compensation law, and only in ‘‘(2) CROP ROTATION.—Paragraph (1) shall (42 U.S.C. 1104(a))) shall be used, in accord- that manner and to that extent. not apply to an owner or producer, with re- ance with subsection (b), for the making of SEC. 7. DEFINITIONS. spect to any agricultural commodity planted payments (described in section 4(a)) to In this Act, the terms ‘‘compensation’’, or considered planted, on land if the land— States having agreements entered into under ‘‘regular compensation’’, ‘‘extended com- ‘‘(A) has been planted, considered planted, this Act. pensation’’, ‘‘additional compensation’’, or devoted to an agricultural commodity (b) CERTIFICATION.—The Secretary shall ‘‘benefit year’’, ‘‘base period’’, ‘‘State’’, during at least 1 of the 20 crop years pre- from time to time certify to the Secretary of ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ ceding the 2002 crop year; and

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S431 ‘‘(B) has been maintained, and will con- SA 2822. Mr. HELMS submitted an AUTHORITY FOR COMMITTEES TO tinue to be maintained, using long-term crop amendment intended to be proposed to MEET rotation practices, as determined by the Sec- amendment SA 2471 submitted by Mr. retary. COMMITTEE ON BANKING, HOUSING, AND URBAN DASCHLE and intended to be proposed ‘‘(c) CROP INSURANCE.—Notwithstanding AFFAIRS any provision of the Federal Crop Insurance to the bill (S. 1731) to strengthen the Mr. REID. Mr. President, I ask unan- Act (7 U.S.C. 1501 et seq.), the Federal Crop safety net for agricultural producers, imous consent that the Committee on Insurance Corporation shall not pay pre- to enhance resource conservation and Banking, Housing, and Urban Affairs mium subsidies or administrative costs of a rural development, to provide for farm be authorized to meet during the ses- reinsured company for insurance regarding a credit, agricultural research, nutrition, sion of the Senate on Wednesday, Feb- crop insurance policy of a producer under and related programs, to ensure con- ruary 6, 2002, at 10 a.m., to conduct the that Act unless the land that is covered by sumers abundant food and fiber, and second in a series of hearings on ‘‘The the insurance policy for an agricultural com- for other purposes; which was ordered modity— State of Financial Literacy and Edu- ‘‘(1) has been planted, considered planted, to lie on the table; as follows: cation in America.’’ or devoted to an agricultural commodity On page 945, strike lines 6 and 7 and insert The PRESIDING OFFICER. Without during— the following: objection, it is so ordered. SEC. 1024. DEFINITION OF ANIMAL UNDER THE ‘‘(A) at least 1 of the 5 crop years preceding COMMITTEE ON ENERGY AND NATURAL ANIMAL WELFARE ACT. the 2002 crop year; or RESOURCES Section 2(g) of the Animal Welfare Act (7 ‘‘(B) at least 3 of the 10 crop years pre- Mr. REID. Mr. President, I ask unan- ceding the 2002 crop year; or U.S.C. 2132(g)) is amended by striking ‘‘ex- ‘‘(2)(A) has been planted, considered plant- cludes horses not used for research purposes imous consent that the Senate Com- ed, or devoted to an agricultural commodity and’’ and inserting the following: mittee on Energy and Natural Re- during at least 1 of the 20 crop years pre- ‘‘excludes birds, rats of the genus Rattus, sources be authorized to meet during ceding the 2002 crop year; and and mice of the genus Mus bred for use in re- the session of the Senate on Wednes- ‘‘(B) has been maintained, and will con- search, horses not used for research pur- day, February 6 at 9:30 a.m., to conduct tinue to be maintained, using long-term crop poses, and’’. a hearing. The hearing will examine rotation practices, as determined by the Sec- SEC. 1025. PENALTIES AND FOREIGN COMMERCE the effects of subtitle B of S. 1766, retary. PROVISIONS OF THE ANIMAL WEL- FARE ACT. Amendments to the Public Utility ‘‘(d) CONSERVATION RESERVE LAND.—For Holding Company Act, on energy mar- purposes of this section, land that is enrolled in the conservation reserve program estab- SA 2823. Mr. REID (for Ms. LANDRIEU) kets and energy consumers. lished under subchapter B of chapter 1 of proposed an amendment to the bill The PRESIDING OFFICER. Without subtitle D of title XII of the Food Security H.R. 586, to amend the Internal Rev- objection, it is so ordered. Act of 1985 (16 U.S.C.3831 et seq.) shall be con- enue Code of 1986 to provide that the COMMITTEE ON FINANCE sidered planted to an agricultural com- exclusion from gross income for foster Mr. REID. Mr. President, I ask unan- modity. care payments shall also apply to pay- imous consent that the Senate Com- ‘‘(e) LAND UNDER THE JURISDICTION OF AN mittee on Finance be authorized to INDIAN TRIBE.—For purposes of this section, ments by qualified placement agencies, land that is under the jurisdiction of an In- and for other purposes; as follows: meet during the session of the Senate dian tribe (as defined in section 4 of the In- At the appropriate place, insert the fol- on Wednesday, February 6, 2002, at 10 dian Self-Determination and Education As- lowing: a.m., to hear testimony on the ‘‘Ongo- sistance Act (25 U.S.C. 450b)) shall be consid- SEC. . ACCELERATION OF EFFECTIVE DATE FOR ing U.S. Trade Negotiations.’’ ered planted to an agricultural commodity EXPANSION OF ADOPTION TAX The PRESIDING OFFICER. Without if— CREDIT AND ADOPTION ASSISTANCE objection, it is so ordered. ‘‘(1) the land is planted to an agricultural PROGRAMS. COMMITTEE ON FOREIGN RELATIONS commodity after the date of enactment of Subsection (g) of section 202 of the Eco- this subsection as part of an irrigation nomic Growth and Tax Relief Reconciliation Mr. REID. Mr. President, I ask unan- project that— Act of 2001 is amended to read as follows: imous consent that the Committee on ‘‘(A) is authorized by the Bureau of Rec- ‘‘(g) EFFECTIVE DATE.—The amendments Foreign Relations be authorized to lamation or the Bureau of Indian Affairs; made by this section shall apply to taxable meet during the session of the Senate and years beginning after December 31, 2001.’’. on Wednesday, February 6, 2002, at 10:15 ‘‘(B) is under construction prior to the date a.m., to hold a hearing titled, ‘‘The SA 2824. Mr. REID (for Mr. KENNEDY of enactment of this subsection; or New Strategic Framework: Implica- (for himself and Mr. FRIST)) proposed ‘‘(2) the land becomes available for plant- tions for U.S. Security’’. ing because of a settlement or statutory au- an amendment to the bill S. 1274, to thorization of a water rights claim by an In- amend the Public Health Service Act Agenda dian tribe after the date of enactment of this to provide programs for the prevention, Witnesses: The Honorable William J. subsection.’’. treatment, and rehabilitation of Perry, Former Secretary of Defense, (b) PARTIAL RESTORATION OF BENEFITS TO stroke; as follows: LEGAL IMMIGRANTS.—Section 403(c)(2)(L) of Michael and Barbara Berberian Pro- On page 12, line 24, strike ‘‘paragraph (1) the Personal Responsibility and Work Oppor- fessor, Stanford University, Stanford, (E)’’ and insert ‘‘paragraph (1)(D)’’. tunity Reconciliation Act of 1996 (8 U.S.C. On page 13, line 1, strike ‘‘paragraphs’’ and CA, and the Honorable Caspar W. Wein- 1613(c)(2)(L)) (as amended by section all that follows through ‘‘2823(a)’’ on line 2, berger, Former Secretary of Defense, 452(a)(2)(A)) is amended by inserting ‘‘pro- and insert ‘‘paragraph (2) of section 2823(b)’’. Washington, DC. vided to individuals under the age of 18’’ On page 18, line 14, strike ‘‘(b)’’ and insert The PRESIDING OFFICER. Without after ‘‘benefits’’. ‘‘(c)’’. objection, it is so ordered. (c) FOOD STAMP EXCEPTION FOR CERTAIN On page 20, line 12, strike ‘‘(c)’’ and insert COMMITTEE ON FOREIGN AFFAIRS QUALIFIED ALIENS.— ‘‘(d)’’. (1) IN GENERAL.—Section 402(a)(2) of the Mr. REID. Mr. President, I ask unan- Personal Responsibility and Work Oppor- SA 2825. Mr. INHOFE submitted an imous consent that the Committee on tunity Reconciliation Act of 1996 (8 U.S.C. amendment intended to be proposed to Foreign Relations be authorized to 1612(a)(2)) (as amended by section 452(c)(2)) is amendment SA 2471 submitted by Mr. meet during the session of the Senate amended by adding at the end the following: on Wednesday, February 6, 2002, at 2:30 ‘‘(M) FOOD STAMP EXCEPTION FOR CERTAIN DASCHLE and intended to be proposed p.m., to hold a hearing title, ‘‘Somalia: QUALIFIED ALIENS.—With respect to eligi- to the bill (S. 1731) to strengthen the bility for benefits for the specified Federal safety net for agricultural producers, U.S. Policy Options’’. program described in paragraph (3)(B), para- to enhance resource conservation and Agenda graph (1) shall not apply to any individual rural development, to provide for farm who has continuously resided in the United credit, agricultural research, nutrition, Witnesses States as a qualified alien for a period of 5 and related programs, to ensure con- Panel 1: The Honorable Walter years or more beginning on the date on Kansteiner, Assistant Secretary for Af- which the qualified alien entered the United sumers abundant food and fiber, and States.’’. for other purposes; which was ordered rican Affairs, Department of State, (2) EFFECTIVE DATE.—The amendment to lie on the table; as follows: Washington, DC. made by paragraph (1) takes effect on April On page 111, lines 14 and 15, strike ‘‘2002 Panel 2: Dr. Ken Menkhaus, Asso- 1, 2003. through 2006’’ and insert ‘‘2003 through 2007’’. ciate Professor of Political Science,

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S432 CONGRESSIONAL RECORD — SENATE February 6, 2002 Davidson College, Davidson, NC; Dr. FAIRNESS FOR FOSTER CARE (Purpose: To make certain technical David H. Shinn, Former U.S. Ambas- FAMILIES ACT OF 2001 corrections) sador to Ethiopia and Special, Coordi- Mr. REID. Madam President, I ask On page 12, line 24, strike ‘‘paragraph nator for Somalia, Washington, DC; unanimous consent the Senate proceed (1)(E)’’ and insert ‘‘paragraph (1)(D)’’. and Mr. Robert MacPherson, Emer- to the consideration of Calendar No. 70, On page 13, line 1, strike ‘‘paragraphs’’ and gency Group Assistance Director, H.R. 586. all that follows through ‘‘2823(a)’’ on line 2, and insert ‘‘paragraph (2) of section 2823(b)’’ CARE, Atlanta, GA. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without On page 18, line 14, strike ‘‘(b)’’ and insert clerk will report the bill by title. ‘‘(c)’’. objection, it is so ordered. The legislative clerk read as follows: On page 20, line 12, strike ‘‘(c)’’ and insert COMMITTEE ON THE JUDICIARY A bill (H.R. 586) to amend the Internal Rev- ‘‘(d)’’. Mr. REID. I ask unanimous consent enue Code of 1986 to provide that the exclu- that the Committee on the Judiciary sion from gross income for foster care pay- The bill (S. 1274), as amended, was be authorized to meet to conduct a ments shall also apply to payments by quali- read the third time and passed, as fol- hearing on ‘‘Accountability Issues: fied placement agencies, and for other pur- lows: poses. Lessons Learned From Enron’s Fall’’ S. 1274 There being no objection, the Senate on Wednesday, February 6, 2002, at 10 Be it enacted by the Senate and House of Rep- a.m., in Dirksen room 226. proceeded to consider the bill. resentatives of the United States of America in Witness List: The Honorable Chris- Mr. REID. I understand Senator LAN- Congress assembled, DRIEU has an amendment at the desk. I tine O. Gregiore, Attorney General of SECTION 1. SHORT TITLE. Washington State, Olympia, WA; Mr. ask for its immediate consideration. The amendment is as follows: This Act may be cited as the ‘‘Stroke Bruce Raynor, President, Union of Treatment and Ongoing Prevention Act of Needletrades, Industrial and Textile At the appropriate place, insert the fol- 2002’’. lowing: Employees (UNITE), New York City, SEC. 2. FINDINGS AND GOAL. NY; Steven Schatz Esq., Wilson, SEC. . ACCELERATION OF EFFECTIVE DATE FOR EXPANSION OF ADOPTION TAX (a) FINDINGS.—Congress makes the fol- Sonsini, Goodrich & Rosati Profes- CREDIT AND ADOPTION ASSISTANCE lowing findings: sional Corporation, Palo Alto, CA; Pro- PROGRAMS. (1) Stroke is the third leading cause of fessor Nelson Lund, George Mason Uni- Subsection (g) of section 202 of the Eco- death in the United States. Each year over versity School of Law, Arlington, VA; nomic Growth and Tax Relief Reconciliation 750,000 Americans suffer a new or recurrent and Professor Susan P. Koniak, Boston Act of 2001 is amended to read as follows: stroke and 160,000 Americans die from University School of Law, Boston, MA. ‘‘(g) EFFECTIVE DATE.—The amendments stroke. made by this section shall apply to taxable The PRESIDING OFFICER. Without (2) Stroke costs the United States years beginning after December 31, 2001.’’. $28,000,000,000 in direct costs and objection, it is so ordered. Mr. REID. I ask unanimous consent $17,400,000,000 in indirect costs, each year. SPECIAL COMMITTEE ON AGING the amendment be agreed to, the mo- (3) Stroke is one of the leading causes of Mr. REID. Mr. President, I ask unan- tion to reconsider be laid on the table, adult disability in the United States. Be- imous consent that the Special Com- tween 15 percent and 30 percent of stroke the bill, as amended, be read the third survivors are permanently disabled. Pres- mittee on Aging be authorized to meet time, passed, the motion to reconsider on Wednesday, February 6, 2002, from ently, there are 4,400,000 stroke survivors liv- be laid on the table without any inter- ing in the United States. 9:30 a.m.–12 p.m., in Dirksen 106 for the vening action or debate, and any state- (4) Members of the general public have dif- purpose of conducting a hearing. ments relating thereto be printed in ficulty recognizing the symptoms of stroke The PRESIDING OFFICER. Without the RECORD. and are unaware that stroke is a medical objection, it is so ordered. The PRESIDING OFFICER. Without emergency. Fifty-eight percent of all stroke SELECT COMMITTEE ON INTELLIGENCE objection, it is so ordered. patients wait 24 hours or more before pre- Mr. REID. Mr. President, I ask unan- senting at the emergency room. Forty-two The amendment (No. 2823) was agreed percent of individuals over the age of 50 do imous consent that the Select Com- to. not recognize numbness or paralysis in the mittee on Intelligence be authorized to The bill (H.R. 586), as amended, was face, arm, or leg as a sign of stroke and 17 meet during the session of the Senate read the third time and passed. percent of them cannot name a single stroke on Wednesday, February 6, 2002, at 10 f symptom. a.m., to hold an open hearing and at (5) Recent advances in stroke treatment 2:30 p.m., to hold a closed hearing on STROKE TREATMENT AND can significantly improve the outcome for the World Threat. ONGOING PREVENTION ACT OF 2001 stroke patients, but these therapies must be The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent administered properly and promptly. Only 3 percent of stroke patients who are can- objection, it is so ordered. the Senate proceed to Calendar No. 222, didates for acute stroke intravenous SUBCOMMITTEE ON AGING S. 1274. thrombolytic drug therapy receive the ap- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The propriate medication. imous consent that the Committee on clerk will report the bill by title. (6) New technologies, therapies, and diag- Health, Education, Labor, and Pen- The assistant legislative clerk read nostic approaches are currently being devel- sions, Subcommittee on Aging and the as follows: oped that will extend the therapeutic time- frame and result in greater treatment effi- Special Committee on Aging be author- A bill (S. 1274) to amend the Public Health Service Act to provide programs for the pre- cacy for stroke patients. ized to meet for a joint hearing on (7) Few States and communities have de- Women and Aging: Bearing the Burden vention, treatment, and rehabilitation of stroke. veloped and implemented stroke awareness of Long-Term Care during the session programs, prevention programs, or com- of the Senate on Wednesday, February There being no objection, the Senate prehensive stroke care systems. 6, 2002, at 9:30 a.m., in SD–106. proceeded to consider the bill. (8) The degree of disability resulting from The PRESIDING OFFICER. Without Mr. REID. Senators KENNEDY and stroke can be reduced substantially by edu- objection, it is so ordered. FRIST have a technical amendment at cating the general public about stroke and the desk. I ask unanimous consent the by improving the systems for the provision of stroke care in the United States. f amendment be considered and agreed to, and the motion to reconsider be laid (b) GOAL.—It is the goal of this Act to im- upon the table; that the bill, as amend- prove the provision of stroke care in every PRIVILEGE OF THE FLOOR State and territory and in the District of Co- ed, be read a third time, passed, the lumbia, and to increase public awareness Mr. BOND. Mr. President, I ask unan- motion to reconsider be laid on the about the prevention, detection, and treat- imous consent that the privilege of the table, and any statements relating ment of stroke. floor be granted to Tom Stapleton, a thereto be printed in the RECORD. SEC. 3. SYSTEMS FOR STROKE PREVENTION, fellow on my staff, for the pendency of The PRESIDING OFFICER. Without TREATMENT, AND REHABILITATION. this bill. objection, it is so ordered. The Public Health Service Act (42 U.S.C. The PRESIDING OFFICER. Without The amendment (No. 2824) was agreed 201 et seq.) is amended by adding at the end objection, it is so ordered. to, as follows: the following:

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‘‘TITLE XXVIII—SYSTEMS FOR STROKE benchmarks for analyzing care of acute ‘‘PART C—GRANTS WITH RESPECT TO STATE PREVENTION, TREATMENT, AND REHA- stroke patients; STROKE CARE SYSTEMS BILITATION ‘‘(2) continuing to design and pilot test ‘‘SEC. 2821. ESTABLISHMENT OF PROGRAM FOR ‘‘PART A—STROKE PREVENTION AND prototypes that will measure the delivery of IMPROVING STROKE CARE. EDUCATION CAMPAIGN care to patients with acute stroke in order ‘‘(a) GRANTS.—The Secretary shall award ‘‘SEC. 2801. STROKE PREVENTION AND EDU- to provide real-time data and analysis to re- grants to States for the purpose of estab- CATION CAMPAIGN. duce death and disability from stroke and lishing statewide stroke prevention, treat- ‘‘(a) IN GENERAL.—The Secretary shall improve the quality of life for acute stroke ment, and rehabilitation systems. carry out a national education and informa- survivors; ‘‘(b) USE OF FUNDS.— tion campaign to promote stroke prevention ‘‘(3) fostering the development of effective, ‘‘(1) IN GENERAL.—The Secretary shall and increase the number of stroke patients modern stroke care systems (including the make available grants under subsection (a) who seek immediate treatment. In imple- development of policies related to emergency for the development and implementation of menting such education and information services systems) through the sharing of in- statewide stroke care systems that provide stroke prevention services and quality acute, campaign, the Secretary shall avoid dupli- formation among agencies and individuals post-acute, and rehabilitation care for stroke cating existing stroke education efforts by involved in planning, furnishing, and study- patients through the development of suffi- other Federal Government agencies and may ing such systems; cient resources and infrastructure, including consult with national and local associations ‘‘(4) collecting, compiling, and dissemi- personnel with appropriate training, acute that are dedicated to increasing the public nating information on the achievements of, stroke teams, equipment, and procedures awareness of stroke, consumers of stroke and problems experienced by, State and local necessary to prevent stroke and to treat and awareness products, and providers of stroke agencies and private entities in developing rehabilitate stroke patients. In developing care. and implementing stroke care systems and, and implementing statewide stroke care sys- ‘‘(b) USE OF FUNDS.—The Secretary may in carrying out this paragraph, giving spe- tems, each State that is awarded such a use amounts appropriated to carry out the cial consideration to the unique needs of grant shall— campaign described in subsection (a)— rural facilities and those facilities with inad- ‘‘(A) oversee the design and implementa- ‘‘(1) to make public service announcements equate resources for providing quality pre- tion of the statewide stroke care system; about the warning signs of stroke and the vention, acute treatment, post-acute treat- ‘‘(B) enhance, develop, and implement importance of treating stroke as a medical ment, and rehabilitation services for stroke model curricula for training emergency med- emergency; patients; ical services personnel, including dis- ‘‘(2) to provide education regarding ways to ‘‘(5) providing technical assistance relating to stroke care systems to State and local patchers, first responders, emergency med- prevent stroke and the effectiveness of ical technicians, and paramedics in the iden- stroke treatment; agencies; and ‘‘(6) carrying out any other activities the tification, assessment, stabilization, and ‘‘(3) to purchase media time and space; prehospital treatment of stroke patients; Secretary determines to be useful to fulfill ‘‘(4) to pay for out-of-pocket advertising ‘‘(C) ensure that stroke patients in the the purposes of the Paul Coverdell National production costs; State have access to quality care that is con- Acute Stroke Registry and Clearinghouse. ‘‘(5) to test and evaluate advertising and sistent with the standards established by the educational materials for effectiveness, espe- ‘‘(b) RESEARCH ON STROKE.—The Secretary shall, not earlier than 1 year after the date Secretary under section 2823(c); cially among groups at high risk for stroke, ‘‘(D) establish a support network to pro- including women, older adults, and African- of enactment of the Stroke Treatment and Ongoing Prevention Act of 2002, ensure the vide assistance to facilities with smaller Americans; populations of stroke patients or less ad- ‘‘(6) to develop alternative campaigns that availability of published research on stroke or, where necessary, conduct research con- vanced on-site stroke treatment resources; are targeted to unique communities, includ- and ing rural and urban communities, and com- cerning— ‘‘(1) best practices in the prevention, diag- ‘‘(E) carry out any other activities that munities in the ‘Stroke Belt’; the State-designated agency determines are ‘‘(7) to measure public awareness prior to nosis, treatment, and rehabilitation of stroke; useful or necessary for the implementation the start of the campaign on a national level of the statewide stroke care system. and in targeted communities to provide ‘‘(2) barriers to access to currently ap- proved stroke prevention, treatment, and re- ‘‘(2) ACCESS TO CARE.—A State may meet baseline data that will be used to evaluate the requirement of paragraph (1)(C) by— habilitation services; the effectiveness of the public awareness ef- ‘‘(A) identifying acute stroke centers with ‘‘(3) barriers to access to newly developed forts; and personnel, equipment, and procedures ade- diagnostic approaches, technologies, and ‘‘(8) to carry out other activities that the quate to provide quality treatment to pa- therapies for stroke patients; Secretary determines will promote preven- tients in the acute phase of stroke consistent ‘‘(4) the effectiveness of existing public tion practices among the general public and with the standards established by the Sec- awareness campaigns regarding stroke; and increase the number of stroke patients who retary under section 2823(c); ‘‘(5) disparities in the prevention, diag- seek immediate care. ‘‘(B) identifying comprehensive stroke cen- nosis, treatment, and rehabilitation of ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ters with advanced personnel, equipment, stroke among different populations. There is authorized to be appropriated to and procedures to prevent stroke and to carry out subsection (b), $40,000,000 for fiscal ‘‘(c) CERTAIN RESEARCH ACTIVITIES.—In carrying out the activities described in sub- treat stroke patients in the acute and post- year 2002, and such sums as may be necessary acute phases of stroke and to provide assist- for each of fiscal years 2003 through 2006. section (b), the Secretary may conduct— ‘‘(1) studies with respect to all phases of ance to area facilities with less advanced ‘‘PART B—GENERAL AUTHORITIES AND DUTIES stroke care, including prehospital, acute, stroke treatment resources; OF THE SECRETARY post-acute and rehabilitation care; ‘‘(C) identifying stroke rehabilitation cen- ‘‘SEC. 2811. ESTABLISHMENT. ‘‘(2) studies with respect to patient access ters with personnel, equipment, and proce- ‘‘(a) IN GENERAL.—The Secretary shall, to currently approved and newly developed dures to provide quality rehabilitative care with respect to stroke care— stroke prevention and treatment services, to stroke patients consistent with the stand- ‘‘(1) make available, support, and evaluate including a review of the effect of coverage, ards established by the Secretary under sec- a grant program to enable a State to develop coding, and reimbursement practices on ac- tion 2823(c); or statewide stroke care systems; cess; ‘‘(D) carrying out any other activities that ‘‘(2) foster the development of appropriate, ‘‘(3) studies with respect to the effect of ex- the designated State agency determines are modern systems of stroke care through the isting public awareness campaigns on stroke; necessary or useful. sharing of information among agencies and and ‘‘(3) SUPPORT NETWORK.—A facility that individuals involved in the study and provi- ‘‘(4) any other studies that the Secretary provides care to stroke patients and that re- sion of such care; and determines are necessary or useful to con- ceives support through a support network es- ‘‘(3) provide to State and local agencies duct a thorough and effective research pro- tablished under paragraph (1)(D) shall meet technical assistance. gram regarding stroke. the standards and requirements outlined by ‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, ‘‘(d) MECHANISMS OF SUPPORT.—In carrying the State application under paragraph (2) of AND CONTRACTS.—The Secretary may make out the activities described in subsection (b), section 2823(b). The support network may in- grants, and enter into cooperative agree- the Secretary may make grants to public clude— ments and contracts, for the purpose of car- and private non-profit entities. ‘‘(A) the use of telehealth technology con- rying out subsection (a). ‘‘(e) COORDINATION OF EFFORT.—The Sec- necting facilities described in such para- ‘‘SEC. 2812. PAUL COVERDELL NATIONAL ACUTE retary shall ensure the adequate coordina- graph to more advanced stroke care facili- STROKE REGISTRY AND CLEARING- tion of the activities carried out under this ties; HOUSE. section. ‘‘(B) the provision of neuroimaging, lab, ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— and any other equipment necessary to facili- maintain the Paul Coverdell National Acute There is authorized to be appropriated such tate the establishment of a telehealth net- Stroke Registry and Clearinghouse by— sums as may be necessary for each of fiscal work; ‘‘(1) continuing to develop and collect spe- years 2002 through 2006 to carry out this sec- ‘‘(C) the use of phone consultation, where cific data points as well as appropriate tion. useful;

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S434 CONGRESSIONAL RECORD — SENATE February 6, 2002 ‘‘(D) the use of referral links when a pa- ‘‘SEC. 2823. APPLICATION REQUIREMENTS. and the model system plan developed under tient needs more advanced care than is avail- ‘‘(a) REQUIREMENT OF APPLICATION.—The subsection (c); or able at the facility providing initial care; Secretary may not award a grant to a State ‘‘(C) in the case of payments for fiscal year and under section 2821(b) unless an application 2004 and subsequent fiscal years, the State ‘‘(E) any other assistance determined ap- for the grant is submitted by the State to has not provided to the Secretary the infor- propriate by the State. the Secretary. mation received by the State pursuant to ‘‘(c) PLANNING GRANTS.— ‘‘(b) APPLICATION PROCESS AND GUIDE- paragraphs (9) and (10) of subsection (a). LINES.—The Secretary shall provide for an ‘‘(1) IN GENERAL.—The Secretary may ‘‘(d) MODEL STROKE CARE SYSTEM PLAN.— application process and develop guidelines to award a grant to a State to assist such State Not later than 1 year after the date of enact- assist States in submitting an application in formulating a plan to develop a statewide ment of the Stroke Treatment and Ongoing under this section that— stroke care system or in otherwise meeting Prevention Act of 2002, the Secretary shall ‘‘(1) outlines the stroke care system and the conditions described in subsection (b) develop standards of care for stroke patients explains how such system will ensure that with respect to a grant under this section. in all phases of stroke that may be adopted stroke patients throughout the State have ‘‘(2) SUBMISSION TO SECRETARY.—The gov- for guidance by the State and a model plan ernor of a State that receives a grant under access to quality care in all phases of stroke, consistent with the standards established by for the establishment of statewide stroke paragraph (1) shall submit to the Secretary a care systems. Such plan shall— copy of the plan developed using the the Secretary under subsection (c); ‘‘(2) contains standards and requirements ‘‘(1) take into account national standards; amounts provided under such grant. Such ‘‘(2) take into account existing State sys- plan shall be submitted to the Secretary as for facilities in the State that provide basic preventive services, advanced preventive tems and plans; and soon as practicable after the plan has been ‘‘(3) take into account the unique needs of developed. services, acute stroke care, post-acute stroke care, and rehabilitation services to stroke urban and rural communities, different re- ‘‘(3) SINGLE GRANT LIMITATION.—To be eligi- gions of the Nation, and States with varying ble to receive a grant under paragraph (1), a patients; and ‘‘(3) provides for the establishment of a degrees of established stroke care infrastruc- State shall not have previously received a tures; grant under such paragraph. central data reporting and analysis system ‘‘(d) MODEL CURRICULUM.— and for the collection of data from each fa- ‘‘SEC. 2824. REQUIREMENT OF SUBMISSION OF APPLICATION CONTAINING CERTAIN ‘‘(1) DEVELOPMENT.—The Secretary shall cility that will provide direct care to stroke AGREEMENTS AND ASSURANCES. develop a model curriculum for training patients in the State— emergency medical services personnel, in- ‘‘(A) to identify the number of stroke pa- ‘‘The Secretary may not award grants cluding dispatchers, first responders, emer- tients treated in the State; under section 2821(a) to a State for a fiscal gency medical technicians, and paramedics ‘‘(B) to monitor patient care in the State year unless— in the identification, assessment, stabiliza- for stroke patients at all phases of stroke for ‘‘(1) the State submits an application for tion, and prehospital treatment of stroke pa- the purpose of evaluating the diagnosis, the payments containing agreements in ac- tients. treatment, and treatment outcome of such cordance with this part; ‘‘(2) IMPLEMENTATION.—The model cur- stroke patients; ‘‘(2) the agreements are made through cer- riculum developed under paragraph (1) may ‘‘(C) to identify the total amount of un- tification from the chief executive officer of be implemented by a State to fulfill the re- compensated and under-compensated stroke the State; quirements of subsection (b)(1)(B). care expenditures for each fiscal year by ‘‘(3) with respect to such agreements, the ‘‘SEC. 2822. REQUIREMENT OF MATCHING FUNDS each stroke care facility in the State; application provides assurances of compli- FOR FISCAL YEARS SUBSEQUENT TO ‘‘(D) to identify the number of acute stroke ance satisfactory to the Secretary; FIRST FISCAL YEAR OF PAYMENTS. patients who receive advanced drug therapy; ‘‘(4) the application contains the plan pro- ‘‘(a) NON-FEDERAL CONTRIBUTIONS.— ‘‘(E) to identify patients transferred within visions and the information required to be ‘‘(1) IN GENERAL.—The Secretary may not the statewide stroke care system, including submitted to the Secretary pursuant to sec- award grants under section 2821(a) unless the reasons for such transfer; and tion 2823; and State involved agrees, with respect to the ‘‘(F) to communicate to the greatest ex- ‘‘(5) the application otherwise is in such costs described in paragraph (2), to make tent practicable with the Paul Coverdell Na- form, is made in such manner, and contains available for each year during which the tional Acute Stroke Registry and Clearing- such agreements, assurances, and informa- State receives funding under such section, house. tion as the Secretary determines to be nec- non-Federal contributions (in cash or in kind ‘‘(c) CERTAIN STANDARDS WITH RESPECT TO essary to carry out this part. under subsection (b)(1)) toward such costs in STATEWIDE STROKE CARE SYSTEM.— ‘‘SEC. 2825. RESTRICTIONS ON USE OF PAYMENTS. ‘‘(1) IN GENERAL.—The Secretary may not an amount equal to— ‘‘(a) IN GENERAL.—The Secretary may not, award a grant to a State under section ‘‘(A) for the second and third fiscal years of except as provided in subsection (b), make 2821(a) for a fiscal year unless the State such payments to the State, not less than $1 payments to a State under section 2821(a) for agrees that, in carrying out paragraphs (2) for each $3 of Federal funds provided in such a fiscal year unless the State involved agrees and (3), the State will— payments for each such fiscal year; that the payments will not be expended— ‘‘(A) adopt standards of care for stroke pa- ‘‘(B) for the fourth fiscal year of such pay- ‘‘(1) to make cash payments to intended re- tients in the acute, post-acute, and rehabili- ments to the State, not less than $1 for each cipients of services provided pursuant to tation phases of stroke; and $2 of Federal funds provided in such pay- such section; ‘‘(B) in adopting the standards described in ments for such fiscal year; and ‘‘(2) to satisfy any requirement for the ex- subparagraph (A)— ‘‘(C) for any subsequent fiscal year of such penditure of non-Federal funds as a condi- ‘‘(i) consult with medical, surgical, and payments to the State, not less than $1 for tion for the receipt of Federal funds; or nursing specialty groups, hospital associa- each $1 of Federal funds provided in such ‘‘(3) to provide financial assistance to any tions, voluntary health organizations, State payments for such fiscal year. entity other than a public or nonprofit pri- offices of rural health, emergency medical ‘‘(2) PROGRAM COSTS.—The costs referred to vate entity. in paragraph (1) are the costs to be incurred services State and local directors, experts in ‘‘(b) EXCEPTION.—If the Secretary finds by the State in carrying out the purpose de- the use of telecommunications technology to that the purpose described in section 2821(b) scribed in section 2821(b). provide stroke care, concerned advocates, cannot otherwise be carried out, the Sec- ‘‘(3) INITIAL YEAR OF PAYMENTS.—The Sec- and other interested parties; retary may, with respect to an otherwise retary may not require a State to make non- ‘‘(ii) conduct hearings on the proposed qualified State, waive the restriction estab- Federal contributions as a condition of re- standards providing adequate notice to the lished in subsection (a)(3). ceiving payments under section 2821(a) for public concerning such hearing; and the first fiscal year of such payments to the ‘‘(iii) beginning in fiscal year 2004, take ‘‘SEC. 2826. FAILURE TO COMPLY WITH AGREE- State. into account the national standards of care. MENTS. ‘‘(b) DETERMINATION OF AMOUNT OF NON- ‘‘(2) QUALITY OF STROKE CARE.—The highest ‘‘(a) REPAYMENT OF PAYMENTS.— FEDERAL CONTRIBUTIONS.—With respect to quality of stroke care shall be the primary ‘‘(1) REQUIREMENT.—The Secretary may, in compliance under subsection (a) as a condi- goal of the State standards adopted under accordance with subsection (b), require a tion of receiving payments under section this subsection. State to repay any payments received by the 2811(a)— ‘‘(3) APPROVAL BY SECRETARY.—The Sec- State pursuant to section 2821(a) that the ‘‘(1) a State may make the non-Federal retary may not make payments to a State Secretary determines were not expended by contributions required in such subsection in under section 2821(a) if the Secretary deter- the State in accordance with the agreements cash or in kind, fairly evaluated, including mines that— required to be made by the State as a condi- plant, equipment, or services; and ‘‘(A) the State has not taken into account tion of the receipt of payments under such ‘‘(2) the Secretary may not, in making a national standards in adopting standards section. determination of the amount of non-Federal under this subsection; ‘‘(2) OFFSET OF AMOUNTS.—If a State fails contributions, include amounts provided by ‘‘(B) in the case of payments for fiscal year to make a repayment required in paragraph the Federal Government or services assisted 2004 and subsequent fiscal years, the State (1), the Secretary may offset the amount of or subsidized by a significant extent by the has not, in adopting such standards, taken the repayment against any amount due to be Federal Government. into account the national standards of care paid to the State under section 2821(a).

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S435 ‘‘(b) OPPORTUNITY FOR A HEARING.—Before ‘‘PART D—MISCELLANEOUS PROGRAMS care for patients across America. The requiring repayment of payments under sub- ‘‘SEC. 2831. MEDICAL PROFESSIONAL DEVELOP- Community Access to Emergency section (a)(1), the Secretary shall provide to MENT IN ADVANCED STROKE TREAT- Defibrillation Act will make these life- the State an opportunity for a hearing. MENT AND PREVENTION. saving medical devices much more ‘‘SEC. 2827. SPECIAL CONSIDERATION. ‘‘(a) IN GENERAL.—The Secretary may widely available in public places ‘‘In awarding grants under this part, the make grants to public and non-profit private throughout the country. entities for the development and implemen- Secretary shall give special consideration to I commend my colleague, Senator any State that has submitted an application tation of education programs for appropriate for carrying out programs under such a medical personnel including medical stu- BILL FRIST, for joining me in spon- grant— dents, emergency physicians, primary care soring these two measures. Senator ‘‘(1) in geographic areas in which there is— providers, neurologists, neurosurgeons, and FRIST and I have worked closely on ‘‘(A) a substantial rate of disability result- physical therapists in the use of newly devel- this legislation to establish new initia- ing from stroke; or oped diagnostic approaches, technologies, tives to reduce the grim toll of injury ‘‘(B) a substantial incidence of stroke; or and therapies for the prevention and treat- and death taken by stroke and cardiac ‘‘(2) that demonstrates a significant need ment of stroke. arrest, and I commend him for his lead- for assistance in establishing a comprehen- ‘‘(b) DISTRIBUTION OF GRANTS.—In awarding ership. We are also grateful to the sive stroke care system. grants under subsection (a), the Secretary many colleagues on our committee and shall ensure that such grants are equitably ‘‘SEC. 2828. TECHNICAL ASSISTANCE AND PROVI- throughout the Senate who have SION BY SECRETARY OF SUPPLIES distributed among the geographical regions AND SERVICES IN LIEU OF GRANT of the United States and between urban and worked with us so effectively on these FUNDS. rural populations. two proposals. ‘‘(a) TECHNICAL ASSISTANCE.—The Sec- ‘‘(c) APPLICATION.—A public or non-profit Stroke is a national tragedy that retary shall, without charge to a State re- private entity desiring a grant under sub- leaves no American community ceiving payments under section 2821(a), pro- section (a) shall prepare and submit to the unscarred. It is the third leading cause vide to the State (or to any public or non- Secretary an application at such time, in of death in the United States. Every profit entity designated by the State) tech- such manner, and containing such informa- minute of every day, somewhere in nical assistance with respect to the plan- tion as the Secretary may require, including America, a person suffers a stroke. ning, development, and operation of any pro- a plan for the rigorous evaluation of activi- gram carried out pursuant to section 2821(b). ties carried out with amounts received under Every three minutes, a person dies The Secretary may provide such technical such a grant. from a stroke. Strokes take the lives of assistance directly, through contract, or ‘‘(d) USE OF FUNDS.—A public or non-profit nearly 160,000 Americans each year. through grants. private entity shall use amounts received Even for those who survive, it can have ‘‘(b) PROVISION BY SECRETARY OF SUPPLIES under a grant under this section for the con- devastating consequences. Over half of AND SERVICES IN LIEU OF GRANT FUNDS.— tinuing education of appropriate medical all survivors are left with a disability. ‘‘(1) IN GENERAL.—Upon the request of a personnel in the use of newly developed diag- Since few Americans recognize the State receiving payments under section nostic approaches, technologies, and thera- symptoms of stroke, crucial hours are 2821(a), the Secretary may, subject to para- pies for the prevention and treatment of often lost before patients receive med- graph (2), provide supplies, equipment, and stroke. ical care. The average time between services for the purpose of aiding the State ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— in carrying out section 2821(b) and, for such There is authorized to be appropriated to the onset of symptoms and medical purpose, may detail to the State any officer carry out this section, such sums as may be treatment is a shocking 13 hours. or employee of the Department of Health and necessary for each of fiscal years 2002 Emergency medical technicians are Human Services. through 2006. often not taught how to recognize and ‘‘(2) REDUCTION IN PAYMENTS.—With respect ‘‘PART E—GENERAL PROVISIONS REGARDING manage the symptoms of stroke. Rapid to a request described in paragraph (1), the PARTS A, B, C, AND D administration of clot-dissolving drugs Secretary shall reduce the amount of pay- ‘‘SEC. 2841. DEFINITIONS. can dramatically improve the outcome ments to the State under section 2821(a) by of stroke, yet fewer than 3 percent of an amount equal to the costs of detailing ‘‘In this title: personnel and the fair market value of any ‘‘(1) STATE.—The term ‘State’ means each stroke patients now receive such medi- supplies, equipment, or services provided by of the several States, the District of Colum- cation. If this lifesaving medication the Secretary. The Secretary shall, for the bia, the Commonwealth of Puerto Rico, the were delivered promptly to all stroke payment of expenses incurred in complying Indian tribes, the Virgin Islands, Guam, patients, as many as 90,000 Americans with such request, expend the amounts with- American Samoa, and the Commonwealth of could be spared the disabling con- held. the Northern Mariana Islands. sequences of stroke. ‘‘(2) STROKE CARE SYSTEM.—The term ‘‘SEC. 2829. REPORT BY SECRETARY. Even in hospitals, stroke patients ‘stroke care system’ means a statewide sys- ‘‘Not later than 3 years after the date of tem to provide for the diagnosis, prehospital often do not receive the care that could enactment of the Stroke Treatment and On- care, hospital definitive care, and rehabilita- save their lives. Treatment by spe- going Prevention Act of 2002, the Secretary tion of stroke patients. cially trained health care providers in- shall report to the appropriate committees ‘‘(3) STROKE.—The term ‘stroke’ means a creases survival and reduces disability of Congress on the activities of the States ‘brain attack’ in which blood flow to the carried out pursuant to section 2821. Such re- due to stroke, but a neurologist is the brain is interrupted or in which a blood ves- port shall include an assessment of the ex- attending physician for only about one sel or aneurysm in the brain breaks or rup- tent to which Federal and State efforts to in ten stroke patients. To save lives, tures. develop stroke care systems, including the reduce disability and improve the qual- establishment of support networks and the ‘‘SEC. 2842. CONSULTATIONS. ity of stroke care, the Stroke Treat- identification of acute, comprehensive, and ‘‘In carrying out this title, the Secretary ment and Ongoing Prevention Act au- rehabilitation stroke centers, where applica- shall consult with medical, surgical, reha- thorizes needed new public health ini- ble, have increased the number of stroke pa- bilitation, and nursing specialty groups, hos- pital associations, voluntary health organi- tiatives to enable patients with symp- tients who have received acute stroke con- toms of stroke to receive timely and sultation or therapy within the appropriate zations, emergency medical services, State timeframe and reduced the level of disability directors, and associations, experts in the effective care. due to stroke. Such report may include any use of telecommunication technology to pro- The Act establishes a grant program recommendations of the Secretary for appro- vide stroke care, national disability and con- for States to implement systems of priate administrative and legislative initia- sumer organizations representing individuals stroke care that will give health pro- tives with respect to stroke care. with disabilities and chronic illnesses, con- fessionals the equipment and training ‘‘SEC. 2830. FUNDING. cerned advocates, and other interested par- they need to treat this disorder. The ties.’’. ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— initial point of contact between a There is authorized to be appropriated to Mr. KENNEDY. Madam President, stroke patient and medical care is usu- carry out this part, $50,000,000 for fiscal year the Senate has today approved impor- ally an emergency medical technician. 2002, $75,000,000 for fiscal year 2003, $75,000,000 tant bipartisan legislation to improve Grants under the Act may be used to for fiscal year 2004, $100,000,000 for fiscal year the treatment of two afflictions that train these personnel to provide more 2005, and $125,000,000 for fiscal year 2006. take the lives and blight the health of ‘‘(b) LIMITATION ON ADMINISTRATIVE EX- effective care to stroke patients in the PENSES.—A State may use not to exceed 10 millions of Americans. The Stroke crucial first few moments after an at- percent of amounts received under a grant Treatment and Ongoing Prevention tack. awarded under section 2821(a) for administra- Act establishes important new initia- The Act provides new resources for tive expenses. tives to improve the quality of stroke States to improve the standard of care

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S436 CONGRESSIONAL RECORD — SENATE February 6, 2002 for stroke patients in hospitals, and to The assistant legislative clerk read public places where cardiac arrests are likely increase the quality of stroke care in as follows: to occur, and training personnel in such rural hospitals through improvements A bill (S. 1275) to amend the Public Health places to administer cardiopulmonary resus- in telemedicine. Service Act to provide grants for public ac- citation and automated external The Act directs the Secretary of cess defibrillation demonstration projects, defibrillation to cardiac arrest victims; and so forth, and for other purposes. ‘‘(3) by setting procedures for proper main- Health and Human Services to conduct tenance and testing of such devices, accord- a national media campaign to inform There being no objection, the Senate ing to the guidelines of the manufacturers of the public about the symptoms of proceeded to consider the bill which the devices; stroke, so that patients receive prompt had been reported from the Committee ‘‘(4) by providing training to members of medical care. The bill also creates the on Health, Education, Labor, and Pen- the public in cardiopulmonary resuscitation Paul Coverdell Stroke Registry and sions, with an amendment on page 10, and automated external defibrillation; Clearinghouse, which will collect data line 23, to strike (’’.). ‘‘(5) by integrating the emergency medical about the care of stroke patients and Mr. REID. I ask unanimous consent services system with the public access assist in the development of more ef- defibrillation programs so that emergency the committee amendment be agreed medical services personnel, including dis- fective treatments. to, the bill as amended be read a third patchers, are informed about the location of The Community Access to Emer- time, passed, the motion to reconsider automated external defibrillators in their gency Defibrillation Act will increase be laid on the table, and any state- community; and the availability of lifesaving cardiac ments relating thereto be printed in ‘‘(6) by encouraging private companies, in- defibrillators in communities through- the RECORD. cluding small businesses, to purchase auto- out the nation. We could save thou- The PRESIDING OFFICER. Without mated external defibrillators and provide sands of lives every year if objection, it is so ordered. training for their employees to administer defibrillators were more widely avail- The bill was read the third time and cardiopulmonary resuscitation and external able, yet few communities are able to automated defibrillation to cardiac arrest passed; as follows: victims in their community. make this technology widely acces- S. 1275 ‘‘(b) PREFERENCE.—In awarding grants sible. Be it enacted by the Senate and House of Rep- under subsection (a), the Secretary shall give The measure approved by the Senate resentatives of the United States of America in a preference to a State, political subdivision today will establish new initiatives to Congress assembled, increase access to defibrillators. It will of a State, Indian tribe, or tribal organiza- SECTION 1. SHORT TITLE. tion that— assist communities in placing these This Act may be cited as the ‘‘Community ‘‘(1) has a particularly low local survival lifesaving medical devices in public Access to Emergency Defibrillation Act of rate for cardiac arrests, or a particularly low areas like schools, workplaces, commu- 2001’’. local response rate for cardiac arrest vic- nity centers, and other locations where SEC. 2. FINDINGS. tims; or people gather. It will help communities Congress makes the following findings: ‘‘(2) demonstrates in its application the provide training to use and maintain (1) Over 220,000 Americans die each year greatest commitment to establishing and the devices, and to coordinate planning from cardiac arrest. Every 2 minutes, an in- maintaining a public access defibrillation dividual goes into cardiac arrest in the program. with emergency medical personnel. United States. The legislation will also assist in plac- (2) The chance of successfully returning to ‘‘(c) USE OF FUNDS.—A State, political sub- ing defibrillators in schools so that a normal heart rhythm diminishes by 10 per- division of a State, Indian tribe, or tribal or- cardiac arrest can be effectively treat- cent each minute following sudden cardiac ganization that receives a grant under sub- ed when it strikes the youngest and arrest. section (a) may use funds received through most vulnerable of our citizens. (3) Eighty percent of cardiac arrests are such grant to— Sudden cardiac arrest is a tragedy for caused by ventricular fibrillation, for which ‘‘(1) purchase automated external defibrillators that have been approved, or families all across America. Commu- defibrillation is the only effective treatment. (4) Sixty percent of all cardiac arrests cleared for marketing, by the Food and Drug nities that have already implemented Administration; programs to increase public access to occur outside the hospital. The average na- tional survival rate for out-of-hospital car- ‘‘(2) provide automated external defibrillators like the extremely suc- diac arrest is only 5 percent. defibrillation and basic life support training cessful ‘‘First Responder Defibrillator (5) Communities that have established and in automated external defibrillator usage Program’’ in Boston have been able to implemented public access defibrillation pro- through nationally recognized courses; increase survival rates by 50 percent. grams have achieved average survival rates ‘‘(3) provide information to community More than 50,000 lives could be saved for out-of-hospital cardiac arrest as high as members about the public access 50 percent. defibrillation program to be funded with the each year if more communities imple- grant; mented programs such as Boston’s. (6) According to the American Heart Asso- ciation, wide use of defibrillators could save ‘‘(4) provide information to the local emer- The two measures approved by the gency medical services system regarding the Senate today can make a significant as many as 50,000 lives nationally each year. (7) Successful public access defibrillation placement of automated external difference in the lives of the thousands programs ensure that cardiac arrest victims defibrillators in public places; of Americans who suffer a stroke or have access to early 911 notification, early ‘‘(5) produce such materials as may be nec- cardiac arrest every year. For such pa- cardiopulmonary resuscitation, early essary to encourage private companies, in- tients, even a few minutes’ delay in re- defibrillation, and early advanced care. cluding small businesses, to purchase auto- mated external defibrillators; and ceiving treatment can make the dif- SEC. 3. PUBLIC ACCESS DEFIBRILLATION PRO- ‘‘(6) carry out other activities that the ference between healthy survival and GRAMS AND PROJECTS. Part B of title III of the Public Health Secretary determines are necessary or useful disability or death. We need to do all to pursue the purposes of this section. we can to see that those precious min- Service Act (42 U.S.C. 243 et seq.), as amend- utes are not wasted. This legislation is ed by Public Law 106–310, is amended by add- ‘‘(d) APPLICATION.— ing after section 311 the following: important to every community in ‘‘(1) IN GENERAL.—To be eligible to receive ‘‘SEC. 312. PUBLIC ACCESS DEFIBRILLATION PRO- a grant under subsection (a), a State, polit- America. I commend my colleagues for GRAMS. ical subdivision of a State, Indian tribe, or having approved these measures, and I ‘‘(a) IN GENERAL.—The Secretary shall tribal organization shall prepare and submit urge our colleagues in the House of award grants to States, political subdivi- an application to the Secretary at such time, Representatives to act on them sions of States, Indian tribes, and tribal or- in such manner, and containing such infor- promptly. ganizations to develop and implement public mation as the Secretary may reasonably re- f access defibrillation programs— quire. ‘‘(1) by training and equipping local emer- ‘‘(2) CONTENTS.—An application submitted COMMUNITY ACCESS TO EMER- gency medical services personnel, including under paragraph (1) shall— GENCY DEFIBRILLATION ACT OF firefighters, police officers, paramedics, ‘‘(A) describe the comprehensive public ac- 2001 emergency medical technicians, and other cess defibrillation program to be funded with first responders, to administer immediate the grant and demonstrate how such pro- Mr. REID. I ask unanimous consent care, including cardiopulmonary resuscita- gram would make automated external the Senate now proceed to the consid- tion and automated external defibrillation, defibrillation accessible and available to car- eration of Calendar No. 215, S. 1275. to cardiac arrest victims; diac arrest victims in the community; The PRESIDING OFFICER. The ‘‘(2) by purchasing automated external ‘‘(B) contain procedures for implementing clerk will report the bill by title. defibrillators, placing the defibrillators in appropriate nationally recognized training

VerDate Mar 15 2010 20:17 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06FE2.REC S06FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 6, 2002 CONGRESSIONAL RECORD — SENATE S437 courses in performing cardiopulmonary re- ‘‘(C) provide for the collection of data re- RECOGNIZING THE 91ST BIRTHDAY suscitation and the use of automated exter- garding the effectiveness of the demonstra- OF RONALD REAGAN nal defibrillators; tion project to be funded with the grant in— ‘‘(C) contain procedures for ensuring direct ‘‘(i) providing emergency cardiopulmonary Mr. REID. Madam President, I ask involvement of a licensed medical profes- resuscitation and automated external unanimous consent the Senate now sional and coordination with the local emer- defibrillation to cardiac arrest victims in the proceed to the consideration of H.J. gency medical services system in the over- setting served by the demonstration project; Res. 82. sight of training and notification of inci- and The PRESIDING OFFICER. The dents of the use of the automated external ‘‘(ii) affecting the cardiac arrest survival clerk will report the resolution by defibrillators; rate in the setting served by the demonstra- title. ‘‘(D) contain procedures for proper mainte- tion project. nance and testing of the automated external The assistant legislative clerk read ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— as follows: defibrillators, according to the labeling of There is authorized to be appropriated to the manufacturer; A joint resolution (H.J. Res. 82) to recog- carry out this section $5,000,000 for each of ‘‘(E) contain procedures for ensuring noti- nize the 91st birthday of Ronald Reagan. fiscal years 2002 through 2007. Not more than fication of local emergency medical services 10 percent of amounts received under a grant There being no objection, the Senate system personnel, including dispatchers, of proceeded to consider the joint resolu- the location and type of devices used in the awarded under this section may be used for public access defibrillation program; and administrative expenses. tion. Mr. REID. I ask unanimous consent ‘‘(F) provide for the collection of data re- ‘‘SEC. 313A. GRANTS FOR ACCESS TO garding the effectiveness of the public access DEFIBRILLATION. the joint resolution be considered, read defibrillation program to be funded with the a third time, and passed, the motion to ‘‘(a) PROGRAM AUTHORIZED.—The Secretary grant in affecting the out-of-hospital cardiac reconsider be laid on the table, and any arrest survival rate. of Health and Human Services shall award a grant to a health care organization to estab- statements relating to the resolution ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— lish a national information clearinghouse be printed in the RECORD. There is authorized to be appropriated to The PRESIDING OFFICER. Without carry out this section $50,000,000 for each of that provides information to increase public fiscal years 2002 through 2007. Not more than access to defibrillation in schools. objection, it is so ordered. 10 percent of amounts received under a grant ‘‘(b) DUTIES.—The health care organization The joint resolution (H.J. Res. 82) awarded under this section may be used for that receives a grant under this section shall was read the third time and passed. administrative expenses. promote public access to defibrillation in f ‘‘SEC. 313. PUBLIC ACCESS DEFIBRILLATION schools by— DEMONSTRATION PROJECTS. ‘‘(1) providing timely information to enti- ORDER FOR STAR PRINT—S. 822 ‘‘(a) IN GENERAL.—The Secretary shall ties regarding public access defibrillation Mr. REID. I ask unanimous consent award grants to political subdivisions of program implementation and development; S. 822 be star printed with the changes States, Indian tribes, and tribal organiza- ‘‘(2) developing and providing comprehen- at the desk. tions to develop and implement innovative, sive program materials to establish a public The PRESIDING OFFICER. Without comprehensive, community-based public ac- access defibrillation program in schools; cess defibrillation demonstration projects ‘‘(3) providing support to CPR and AED objection, it is so ordered. that— training programs; f ‘‘(1) provide cardiopulmonary resuscitation ‘‘(4) fostering new and existing community and automated external defibrillation to car- partnerships with and among public and pri- ORDERS FOR THURSDAY, diac arrest victims in unique settings; vate organizations (such as local educational FEBRUARY 7, 2002 ‘‘(2) provide training to community mem- agencies, nonprofit organizations, public Mr. REID. Madam President, I ask bers in cardiopulmonary resuscitation and health organizations, emergency medical unanimous consent that when the Sen- automated external defibrillation; and service providers, fire and police depart- ate completes its business today, it ad- ‘‘(3) maximize community access to auto- ments, and parent-teacher associations) to mated external defibrillators. promote public access to defibrillation in journ until the hour of 10 a.m. tomor- ‘‘(b) USE OF FUNDS.—A recipient of a grant schools; row, Thursday, February 7; that fol- under subsection (a) shall use the funds pro- ‘‘(5) establishing a data base to gather in- lowing the prayer and pledge the Jour- vided through the grant to— formation in a central location regarding nal of proceedings be approved to date, ‘‘(1) purchase automated external sudden cardiac arrest in the pediatric popu- the morning hour be deemed expired, defibrillators that have been approved, or lation and identifying or conducting further the time for the two leaders be re- cleared for marketing, by the Food and Drug research into the problem; and served for their use later in the day, Administration; ‘‘(6) providing assistance to communities and the Senate then resume consider- ‘‘(2) provide basic life training in auto- that wish to develop screening programs for mated external defibrillator usage through at risk youth. ation of S. 1731. nationally recognized courses; The PRESIDING OFFICER. Without ‘‘(c) APPLICATION.—A health care organiza- ‘‘(3) provide information to community objection, it is so ordered. tion desiring a grant under this section shall members about the public access submit an application to the Secretary at f defibrillation demonstration project to be such time, in such manner, and accompanied funded with the grant; PROGRAM ‘‘(4) provide information to the local emer- by such information as the Secretary may reasonably require. Mr. REID. Madam President, there is gency medical services system regarding the a unanimous consent agreement that placement of automated external ‘‘(d) REPORT.—Not later than 5 years after defibrillators in the unique settings; and the date on which the health care organiza- the next rollcall vote will occur at ap- ‘‘(5) carry out other activities that the tion receives a grant under this section, such proximately 10:05 a.m. in relation to Secretary determines are necessary or useful organization shall submit to the Secretary of the Durbin amendment, as modified, to pursue the purposes of this section. Health and Human Services a report that de- with regard to nutrition. ‘‘(c) APPLICATION.— scribes activities carried out with funds re- The RECORD should be spread with ‘‘(1) IN GENERAL.—To be eligible to receive ceived under this section. Not later than 3 the fact that the Senate as of just a a grant under subsection (a), a political sub- months after the date on which such report short time ago had not yet received the division of a State, Indian tribe, or tribal or- is received by the Secretary of Health and modification agreement Senator DUR- ganization shall prepare and submit an appli- Human Services, the Secretary shall prepare BIN has been working on with Senator cation to the Secretary at such time, in such and submit to the appropriate committees of manner, and containing such information as GRAMM. If for some reason that is not Congress an evaluation that reviews such re- completed during the evening or early the Secretary may reasonably require. port and evaluates the success of such clear- ‘‘(2) CONTENTS.—An application submitted inghouse. morning hour, then we would go imme- under paragraph (1) may— diately to the Dorgan-Grassley amend- ‘‘(A) describe the innovative, comprehen- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ment. sive, community-based public access From funds authorized to be appropriated for defibrillation demonstration project to be fiscal years 2002 through 2006 for activities f funded with the grant; and programs under the Department of ADJOURNMENT UNTIL 10 A.M. ‘‘(B) explain how such public access Health and Human Services, $800,000 of such TOMORROW defibrillation demonstration project rep- funds may be appropriated to carry out the resents innovation in providing public access programs described in this section for each Mr. REID. Madam President, if there to automated external defibrillation; and of the fiscal years 2002 through 2006.’’. is no further business to come before

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CLIFF F BOLTZ, 0000 DAVID J ABRAMOWITZ, 0000 the Senate, I ask unanimous consent JEANNE M BROOKS, 0000 ROBERT B ABRAMS, 0000 that the Senate stand in adjournment ANDREW H COHEN, 0000 KAREN S ADAMS, 0000 PAUL M CRAWFORD, 0000 MARK W AKIN, 0000 under the previous order. EDWARD P DONNELLY JR., 0000 ROBERT M ALGERMISSEN, 0000 There being no objection, the Senate, RAYMOND E FREELAND JR., 0000 DAVID S ANDERSON, 0000 STEVEN E GALING, 0000 JOHN S ARNOLD, 0000 at 6:29 p.m., adjourned until Thursday, REGINALD R GILLIS, 0000 JOHN M ATKINS, 0000 February 7, 2002, at 10 a.m. HARRY C HARDY, 0000 MARK F AVERILL, 0000 KEVIN C HAWKINS, 0000 MARK W AVERY, 0000 f JAMES M HOUSE, 0000 JOE T BACK JR., 0000 BILLIE W KEELER, 0000 DON W BAILEY, 0000 NOMINATIONS PATRICK KELLY III, 0000 RALPH O BAKER, 0000 DAVID B KNUDSON, 0000 THOMAS M BAKER, 0000 Executive nominations received by ABBOTT C KOEHLER, 0000 CAROL A BARKALOW, 0000 the Senate February 6, 2002: BILLY J LASTER JR., 0000 MICHAEL J BARRON, 0000 STEVEN J MAINS, 0000 ROBERT F BARRY II, 0000 DEPARTMENT OF JUSTICE PAUL K MARTIN, 0000 FRANK L BARTH, 0000 ROBIN L MEALER, 0000 DONALD A BARTHOLOMEW, 0000 TODD WALTHER DILLARD, OF MARYLAND, TO BE TERRY L MINTZ, 0000 DEBBIE V BAZEMORE, 0000 UNITED STATES MARSHAL FOR THE SUPERIOR COURT OF EDWARD P NAESSENS, 0000 ROBERT C BECKINGER, 0000 THE DISTRICT OF COLUMBIA FOR THE TERM OF FOUR GERALD B OKEEFE, 0000 ROGER A BEHRINGER, 0000 YEARS. (REAPPOINTMENT) CHRISTOPHER G OWENS, 0000 DAVID J BENDER, 0000 WARREN DOUGLAS ANDERSON, OF SOUTH DAKOTA, TO LEON L PRICE, 0000 KATHLEEN R BENNETT, 0000 BE UNITED STATES MARSHAL FOR THE DISTRICT OF GEORGE PROHODA, 0000 GUY C BEOUGHER, 0000 SOUTH DAKOTA FOR THE TERM OF FOUR YEARS, VICE MICHAEL A RAMSEY, 0000 CAROLE N BEST, 0000 LYLE WEIR SWENSON, TERM EXPIRED. JOHN S REGAN, 0000 GEORGE M BILAFER JR., 0000 JAMES LOREN KENNEDY, OF INDIANA, TO BE UNITED WILLIAM A RIGBY, 0000 FREDDIE N BLAKELY, 0000 STATES MARSHAL FOR THE SOUTHERN DISTRICT OF IN- CHRISTOPHER C ROMIG, 0000 JAMES A BLISS, 0000 DIANA FOR THE TERM OF FOUR YEARS, VICE FRANK BARRY L SHOOP, 0000 KEITH C BLOWE, 0000 JAMES ANDERSON, TERM EXPIRED. GLADYS V SMITH, 0000 DONNA G BOLTZ, 0000 THEOPHILE ALCESTE DURONCELET, OF LOUISIANA, TO SCOTT A SNOOK, 0000 GWENDOLYN D BONEYHARRIS, 0000 BE UNITED STATES MARSHAL FOR THE EASTERN DIS- WILMER A SWEETSER JR., 0000 JAMES F BOWIE, 0000 TRICT OF LOUISIANA FOR THE TERM OF FOUR YEARS, MICHAEL A TONER, 0000 THOMAS J BOYLE, 0000 VICE CHARLES VINCENT SERIO, RESIGNED. JAMES T TREHARNE, 0000 WILLIAM G BRAUN III, 0000 JAMES THOMAS PLOUSIS, OF NEW JERSEY, TO BE ROBERT C TUTTLE JR., 0000 DONALD W BRIDGE JR., 0000 UNITED STATES MARSHAL FOR THE DISTRICT OF NEW EUGENE C WARDYNSKI JR., 0000 STEVEN J BRIGGS, 0000 JERSEY FOR THE TERM OF FOUR YEARS, VICE GLENN JONATHAN B BROCKMAN, 0000 DALE CUNNINGHAM, RESIGNED. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES E BROOKS JR., 0000 JAMES JOSEPH PARMLEY, OF NEW YORK, TO BE TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL A BROWN, 0000 UNITED STATES MARSHAL FOR THE NORTHERN DIS- UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL L BRUHN, 0000 TRICT OF NEW YORK FOR THE TERM OF FOUR YEARS, To be colonel IRBY W BRYAN JR., 0000 VICE EDWARD JOSEPH KELLY, JR., TERM EXPIRED. JACKIE J BRYANT, 0000 CHARLES R. REAVIS, OF NORTH CAROLINA, TO BE BRADLEY G ANDERSON, 0000 BELINDA L BUCKMAN, 0000 UNITED STATES MARSHAL FOR THE EASTERN DISTRICT JESSE L BARBER, 0000 WILLIAM E BULEN JR., 0000 OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS, STEVEN F BEAL, 0000 MICHAEL I BUMGARNER, 0000 VICE MARK REID TUCKER. ANTHONY B BELL, 0000 RALPH C BURKART, 0000 TIMOTHY DEWAYNE WELCH, OF OKLAHOMA, TO BE GARY L BLISS, 0000 PETER L BURNETT JR., 0000 UNITED STATES MARSHAL FOR THE NORTHERN DIS- CHRISTOPHER J BOLAN, 0000 JOHN C BURNS, 0000 TRICT OF OKLAHOMA FOR THE TERM OF FOUR YEARS, STEVE G BOUKEDES, 0000 AARON W BUSH, 0000 VICE JAMES MARION HUGHES, JR., TERM EXPIRED. ROBERT E BREWSTER JR., 0000 JEFFREY S CAIRNS, 0000 MICHAEL ROBERT REGAN, OF PENNSYLVANIA, TO BE MICHAEL E CANTOR, 0000 VERNON L CAMPBELL, 0000 UNITED STATES MARSHAL FOR THE MIDDLE DISTRICT ALBERT A CASTALDO, 0000 MICHAEL M CANNON, 0000 OF PENNSYLVANIA FOR THE TERM OF FOUR YEARS, DEBORAH J CHASE, 0000 EDWARD C CARDON, 0000 VICE WALTER D. SOKOLOWSKI, TERM EXPIRED. DAVID W COKER, 0000 ROBERT M CARPENTER, 0000 JESSE SEROYER, JR., OF ALABAMA, TO BE UNITED ALFRED A COPPOLA JR., 0000 ROBERT A CARR, 0000 STATES MARSHAL FOR THE MIDDLE DISTRICT OF ALA- SCOTT H CRIZER, 0000 JAYNE A CARSON, 0000 BAMA FOR THE TERM OF FOUR YEARS, VICE FLORENCE JOHN F DAGOSTINO, 0000 PATRICK J CASSIDY, 0000 M. CAUTHEN, TERM EXPIRED. VICTORIA DIEGOALLARD, 0000 MICHAEL R CHAMBERS, 0000 ANITA M DOMINGO, 0000 CAROL D CLAIR, 0000 DEPARTMENT OF VETERANS AFFAIRS GORDON C DRAKE, 0000 BEN C CLAPSADDLE, 0000 MARY J CLARK, 0000 ROBERT H. ROSWELL, OF FLORIDA, TO BE UNDER SEC- CHARLES H DRIESSNACK, 0000 JAMES P COATES, 0000 RETARY FOR HEALTH OF THE DEPARTMENT OF VET- PAUL J FLYNN, 0000 JEFFREY G COLLEY, 0000 ERANS AFFAIRS FOR A TERM OF FOUR YEARS, VICE GREGORY J FRITZ, 0000 JAMES H COMISH, 0000 THOMAS L. GARTHWAITE. PETER N FULLER, 0000 ALLEN L GREEN III, 0000 TIMOTHY R CORNETT, 0000 IN THE NAVY HAROLD J GREENE, 0000 JAMES F COSTIGAN, 0000 JEFFREY L GWILLIAM, 0000 MICHAEL P COURTS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RONALD J HAYNE, 0000 KENNETH J COX, 0000 AS JUDGE ADVOCATE GENERAL OF THE UNITED STATES THOMAS H HOGAN, 0000 WID S CRAWFORD, 0000 NAVY UNDER TITLE 10, U.S.C., SECTION 5148: DONALD C HUFF, 0000 JAMES L CREIGHTON JR., 0000 To be judge advocate general of the United DAVID G JESMER JR., 0000 FREDERICK A CROSS, 0000 KEVIN B KENNY, 0000 ANTHONY G CRUTCHFIELD, 0000 States Navy STEPHEN D KREIDER, 0000 KENNETH J CULL, 0000 ROBERT A CUNNINGHAM, 0000 REAR ADM. MICHAEL F. LOHR, 0000 RONALD K MACCAMMON, 0000 DAVID G MACLEAN, 0000 ROBERT L CURSIO JR., 0000 IN THE ARMY JONATHAN A MADDUX, 0000 ROBERT J DALESSANDRO, 0000 EDWARD D MCCOY, 0000 BROOKS S DAVIS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LLOYD E MCDANIELS, 0000 JAMES L DAVIS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROBERT C MCMULLIN, 0000 ROBERT J DAVIS JR., 0000 UNDER TITLE 10, U.S.C., SECTION 624: PAUL M MCQUAIN, 0000 DARRYL C DEAN, 0000 To be colonel FRANK L MILLER JR., 0000 CHRISTIAN E DEGRAFF, 0000 SYLVIA T MORAN, 0000 THOMAS J DEVINE, 0000 CATHERINE E ABBOTT, 0000 FRANK MORGESE, 0000 DAVID L DEVRIES, 0000 LEWIS M BOONE, 0000 JOSEPH F NAPOLI II, 0000 JOSEPH P DISALVO, 0000 WILLIAM T CAIN, 0000 MARKUS R NEUMANN, 0000 BRIAN J DONAHUE, 0000 TIMOTHY R COFFIN, 0000 CAMILLE M NICHOLS, 0000 PATRICK J DONAHUE II, 0000 MICHAEL C CONNOLLY, 0000 KEVIN R NORGAARD, 0000 ALEX C DORNSTAUDER, 0000 NANCY J CURRIE, 0000 JOHN D NORWOOD, 0000 EMMETT H DUBOSE JR., 0000 JOSEPH G CURTIN, 0000 WILBUR A PARKER, 0000 STEPHEN R DWYER, 0000 PETER DIAZ, 0000 WILLIAM N PATTERSON, 0000 KAREN E DYSON, 0000 JODY L DRAVES, 0000 JEROME F PAYNE, 0000 TODD J EBEL, 0000 BRUCE E EMPRIC, 0000 JAMES A PINER, 0000 STEVEN C ELDRIDGE, 0000 MARSHALL P FITE, 0000 KENNITH D POLCZYNSKI, 0000 MICHAEL D ELLERBE, 0000 PATRICK G FORRESTER, 0000 ALEX R PORTELLI, 0000 CONWAY S ELLERS, 0000 VALLORY E LOWMAN, 0000 STANLEY J PRUSINSKI, 0000 RONNIE T ELLIS, 0000 MARY E MATTHEWS, 0000 FRANK L RINDONE, 0000 TRACY L ELLIS, 0000 DAVID R MCWILLIAMS, 0000 STEPHEN L RUST, 0000 JAMES H EMBREY, 0000 CHRISTOPHER E OCONNOR, 0000 FELIX L SANTIAGOTORRES, 0000 RICHARD A ENDERLE, 0000 JAMES R PIERSON, 0000 TIMOTHY C SHEA, 0000 MICHAEL D ENNEKING, 0000 VICTORIA A POST, 0000 MICHAEL J SMITH, 0000 MICHAEL A FANT, 0000 MICHAEL A RHODEN, 0000 JESSE M STONE, 0000 MICHAEL W FEIL, 0000 PATRICK V SIMON, 0000 ANDRES A TORO, 0000 EDWARD J FISHER, 0000 GEORGE F STONE III, 0000 THOMAS P WILHELM, 0000 LARRY W FLENIKEN, 0000 MARK D VANUS, 0000 MARK S WILKINS, 0000 MICHAEL J FLYNN, 0000 JAMES R WILLIAMS, 0000 JEFFREY D WILLEY, 0000 JAMES M FOSTER, 0000 JEFFREY N WILLIAMS, 0000 BENNY E WOODARD, 0000 WALTER N FOUNTAIN, 0000 JERRY D ZAYAS, 0000 KELLY R FRASER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONALD A ZIMMER, 0000 KENT E FRIEDERICH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY WILLIAM R FRUNZI, 0000 UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM K FULLER, 0000 To be colonel TO THE GRADE INDICATED IN THE UNITED STATES ARMY TIMOTHY J GALLAGHER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM J GALLAGHER, 0000 ELI T ALFORD, 0000 To be colonel MICHAEL S GALLOUCIS, 0000 MICHAEL D BAEHRE, 0000 DUANE P GAPINSKI, 0000 DANIEL BOLAS, 0000 MARK H ABERNATHY, 0000 DONALD E GENTRY, 0000 JAMES L BOLING, 0000 JAMES C ABNEY, 0000 MICHAEL G GOULD, 0000

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DAVID R GRAY, 0000 SHAWN M MATEER, 0000 BENNET S SACOLICK, 0000 STEVEN M GREEN, 0000 BRADLEY W MAY, 0000 STEVEN L SALAZAR, 0000 BRYON E GREENWALD, 0000 ROBERT D MAYR, 0000 RUSSEL D SANTALA, 0000 JEFFREY G GREGSON, 0000 MARK A MCALISTER, 0000 LAURIE F SATTLER, 0000 GILBERT A GRIFFIN, 0000 JACK R MCCLANAHAN JR., 0000 DAVID A SCARBALIS, 0000 WILLIAM H HAIGHT III, 0000 MICHAEL J MCMAHON, 0000 MICHAEL W SCHNEIDER, 0000 BARRY G HALVERSON, 0000 KENNETH M MCMILLIN, 0000 CHRISTOPHER E SCHUSTER, 0000 DYFIERD A HARRIS, 0000 TIMOTHY K MCNULTY, 0000 JERRY D SCOTT, 0000 MICHAEL J HARRIS, 0000 PLAUDY M MEADOWS III, 0000 MICHAEL R SCOTT, 0000 JAMES W HARRISON JR., 0000 KEVIN G MERRIGAN, 0000 JAY D SERRANO, 0000 WILLIAM T HARRISON, 0000 ANDREW N MILANI, 0000 DANIEL J SHANAHAN, 0000 THOMAS A HARVEY, 0000 GEORGE J MILLAN, 0000 JOHN M SHAY, 0000 EDWIN S HEINRICH, 0000 STEVEN N MILLER, 0000 JAMES B HENDERSON, 0000 KRISTOPHER F MILTNER, 0000 JAMES W SHUFELT JR., 0000 LOUIS O HENKEL, 0000 JEFFERY L MISER, 0000 RICHARD A SMART, 0000 MARK M HENNES, 0000 JAMES M MOORE, 0000 JEFFOREY A SMITH, 0000 JOHN A HERMAN, 0000 MARK L MORRISON, 0000 MICHAEL N SMITH, 0000 GREGORY K HERRING, 0000 ALAN M MOSHER, 0000 NATHANIEL SMITH, 0000 JAMES B HICKEY, 0000 DAVID A MOSINSKI, 0000 PHILIP J SMITH, 0000 SHEILA B HICKMAN, 0000 THOMAS M MUIR, 0000 EDWARD W SNEAD, 0000 PATRICK M HIGGINS, 0000 CHARLES E MULLIS, 0000 SUSAN R SOWERS, 0000 WILLIAM F HIGGINS JR., 0000 CHRISTOPHER J MUNN, 0000 JAMES A STAUFFER, 0000 DAVID R HOGG, 0000 JOHN M MURRAY, 0000 MARK A STEENBERG, 0000 DEBORAH HOLLIS, 0000 SUSAN R MYERS, 0000 EDDIE A STEPHENS, 0000 JEFFREY P HOLT, 0000 MICHAEL K NAGATA, 0000 BRIAN P STEPHENSON, 0000 JOHN C HOWARD, 0000 JOYCE P NAPIER, 0000 MICHAEL K STEPHENSON, 0000 ROY C HOWLE JR., 0000 JENNIFER L NAPPER, 0000 BEVERLY M STIPE, 0000 DONALD B HYDE JR., 0000 DOUGLAS E NASH, 0000 ARTHUR A STRANGE III, 0000 VICTOR D IRVIN, 0000 JAMES P NELSON, 0000 JOHN C STRATIS, 0000 DONALD N ISBELL, 0000 JOHN W NICHOLSON JR., 0000 DAVID J STYLES, 0000 CHRISTOPHER E ISKRA, 0000 ROBERT W NICHOLSON, 0000 BARRY L SWAIN, 0000 ROBERT L JASSEY JR., 0000 JOSE R OLIVERO, 0000 RICHARD W SWENGROS, 0000 FULTON R JOHNSON, 0000 GREG D OLSON, 0000 ROBERT C JOHNSON, 0000 ROBERT ORTIZABREU JR., 0000 WILLIAM J TAIT JR., 0000 GARY E JOHNSTON, 0000 HECTOR E PAGAN, 0000 CHARLES L TAYLOR, 0000 DALTON R JONES, 0000 SAMUEL L PALMER, 0000 DEBRA O TAYLOR, 0000 STEVEN M JONES, 0000 LAWRENCE R PAPINI JR., 0000 DWAYNE L THOMAS, 0000 CHARLES J KACSUR JR., 0000 THOMAS M PAPPAS, 0000 DENNIS H THOMPSON, 0000 JOHN C KARCH, 0000 RICHARD H PARKER, 0000 DENNIS A THORNTON, 0000 MICHAEL P KELLIHER, 0000 LAWARREN V PATTERSON, 0000 JOHN M TISSON, 0000 PAUL W KELLY, 0000 KATHLEEN M PEDERSEN, 0000 ROBERT M TOGUCHI, 0000 ROBERT W KENNEALLY JR., 0000 STEVEN R PELLEY, 0000 CHARLES J TOOMEY JR., 0000 JOHN M KIDD, 0000 STEPHEN P PERKINS, 0000 CHRISTOPHER J TOOMEY, 0000 GARY S KINNE, 0000 WILLIAM E PERKINS, 0000 KARLA C TORREZ, 0000 JAMES D KIRBY, 0000 BRIAN C PERRIS, 0000 TIMOTHY C TOUZINSKY, 0000 DAVID B KNEAFSEY, 0000 MARK B PETREE, 0000 JOHN W TOWERS, 0000 GREGORY P KOENIG, 0000 MICHAEL F PFENNING, 0000 THOMAS G TROBRIDGE, 0000 JAMES P KOHLMANN, 0000 WILLIAM G PHELPS JR., 0000 RODERICK G TURNER III, 0000 MIROSLAV P KURKA, 0000 DON A PHILLIPS, 0000 PETER D UTLEY, 0000 KINARD J LAFATE, 0000 MICHAEL W PICK, 0000 THOMAS D VAIL, 0000 JONATHAN E LAKE, 0000 TIMOTHY J POLASKE, 0000 THOMAS S VANDAL, 0000 KURT G LAMBERT, 0000 RICHARD J POLO JR., 0000 REY A VELEZ, 0000 STEPHEN R LANZA, 0000 WILLIAM R POPE, 0000 JEFFREY D WADDELL, 0000 STEVE E LAWRENCE, 0000 ROBERT P PRICONE, 0000 BRIAN R LAYER, 0000 ANTHONY J PUCKETT, 0000 MICHAEL T WALKER, 0000 DOUGLAS J LEE, 0000 DAVID E QUANTOCK, 0000 WALLY Z WALTERS JR., 0000 WILLIAM F LEE, 0000 FLOYD A QUINTANA, 0000 BRAD M WARD, 0000 DAVID B LEMAUK, 0000 JOSEPH A RAPONE II, 0000 BRIAN F WATERS, 0000 DEBRA M LEWIS, 0000 TIMOTHY R REESE, 0000 PAUL L WENTZ, 0000 CHRISTOPHER L LEYDA, 0000 PAUL J REOYO, 0000 STUART A WHITEHEAD, 0000 WENDY L LICHTENSTEIN, 0000 MICHAEL S REPASS, 0000 PERRY L WIGGINS, 0000 RICHARD C LONGO, 0000 MICHAEL RESTY JR., 0000 STEPHEN M WILKINS, 0000 ROBERT G LOUIS, 0000 ROSS E RIDGE, 0000 GARLAND H WILLIAMS, 0000 JOSEPH B LOWDER, 0000 RICARDO R RIERA, 0000 JENNIE M WILLIAMSON, 0000 BENJAMIN D LUKEFAHR, 0000 JOHN P RITCHEY, 0000 CHARLES A WILSON, 0000 DAVID K MACEWEN, 0000 MARK L RITTER, 0000 GEORGE J WOODS III, 0000 JORGE L MADERA, 0000 PETER J ROBERTS, 0000 ARTHUR W WOOLFREY JR., 0000 CHERYL D MANN, 0000 HUGH G ROBINSON JR., 0000 LOWELL S YARBROUGH, 0000 ANGELA M MANOS, 0000 SUSAN M ROCHA, 0000 CHET C YOUNG, 0000 PETER R MANSOOR, 0000 DAVID J ROHRER, 0000 LAVERM YOUNG JR., 0000 LOU L MARICH, 0000 JAMES G ROSE, 0000 LOUIS G YUENGERT, 0000 ALBERT G MARIN III, 0000 MARK D ROSENGARD, 0000 DANIEL L ZAJAC, 0000 PRESCOTT L MARSHALL, 0000 JOHN S ROVEGNO, 0000 JACK C ZEIGLER JR., 0000 DAVID C MARTINO, 0000 BENIGNO B RUIZ, 0000 JOHN T ZOCCOLA, 0000

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NO SUBSTITUTE FOR QUALITY may tackle the problem alone or in conjunction Being honored as this year’s Panaphian As- TEACHING ACT with neighboring districts. sociation Member of the Year is Chrysi Kleopa States across the country are already deal- Notskas. A native of Paphos, Cyprus she relo- HON. JAMES R. LANGEVIN ing with this issue in a myriad of ways. Wis- cated to the U.S. as a student, obtaining a OF RHODE ISLAND consin, Florida, California, New Mexico, Wash- Bachelor’s degree from Adelphi University and IN THE HOUSE OF REPRESENTATIVES ington, Pennslyvania and Minnesota, to name a Master’s degree from Long Island University. a few, have created permanent substitute She was named Ms. Cyprus of the USA and Wednesday, February 6, 2002 teacher pools, implemented training programs was also recognized with an Outstanding Mr. LANGEVIN. Mr. Speaker, I rise today to to equip substitutes with the skills they need to Teacher Award. As a teacher and mentor, talk about a very important issue to my district be effective at their jobs, conducted recruit- Notskas is known for her selflessness and un- and communities across the country—increas- ment campaigns, and raised substitute com- willingness to say no to a student in need. ing access to professional development for our pensation. Let’s provide the necessary re- She is married to Evan Notskas and they have teachers and to introduce the No Substitute sources to disseminate the lessons these a daughter named Olga. for Quality Teaching Act, legislation I have states have already learned, and to find new In recognition of these outstanding achieve- drafted to address this issue. We all under- ways to solve this problem by passing the No ments, I ask my colleagues to join me in rec- stand the importance of training opportunities Substitute for Quality Teaching Act. ognizing the great contributions of the for our teachers. When we passed H.R. 1 by f Panpaphian Association, and its honorees an overwhelming margin, we included signifi- Peter J. Papas and Chrysi Kleopa Notskas. cant new investments for teacher quality pro- IN RECOGNITION OF THE PANPAPHIAN ASSOCIATION OF grams and new measures to hold teachers ac- f countable for the education they provide. We AMERICA even required school to devote 10 percent of IN RECOGNITION OF OFFICER their Title I funds to professional development HON. CAROLYN B. MALONEY ROBERT D. MOORE activities. Unfortunately, these resources and OF NEW YORK requirements will be meaningless if teachers IN THE HOUSE OF REPRESENTATIVES do not have time to take advantage of the HON. HILDA L. SOLIS Wednesday, February 6, 2002 training opportunities. OF CALIFORNIA Throughout the fall I conducted a survey of Mrs. MALONEY of New York. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES teachers and principals in all the schools in I rise to pay tribute to the Panpaphian Asso- my congressional district. I found that teachers ciation of America which will be honoring Wednesday, February 6, 2002 and administrators alike want to pursue more Peter J. Pappas with the Evagoras Ms. SOLIS. Mr. Speaker, I rise today to rec- professional development, to improve their Pallikarides Award of Merit as well as this ognize the numerous contributions made by skills and use the most innovative and effec- year’s Member of the Year, Chrysi Kleopa Officer Robert D. Moore to the Monterey Park tive teaching strategies available, but they Notskas. Police Department during his professional ca- simply do not have the time. Many teachers The Panpaphian Association was founded in reer. After 23 years of service, Officer Moore are already overburdened with the daily duties 1987 by a group of Hellenic Cypriot Americans retired from the police force on December 20, of teaching, coaching or leading other after- from Paphos, Cyprus to serve as cultural, edu- 2001. school activities, and preparing future lesson cational and social organization. The Evagoras plans. When they need a substitute to fill in Pallikarides Award is named in honor of Officer Moore attended the Los Angeles while they attend a training class, there often Evagoras Pallikarides, who was born in the County Sheriff’s Department Academy and isn’t one available. In fact, the substitute small village of Tsada, Paphos, in February of graduated on June 8, 1979. By February 19 of teacher shortage in Rhode Island—and in 1938. Pallikarides is hailed as a hero by many the same year, Officer Moore began his 23- many states across the country—is so acute for his work as a Cypriot freedom-fighter dur- year career with the Monterey Park Police De- that many teachers are being forced to give ing the British occupation of Cyprus. For his partment. During a large part of his career he up their planning periods to cover for sick col- efforts, Pallikarides was subsequently exe- worked on the patrol division and from 1986 to leagues. Some states have even placed mora- cuted by the British, but his legacy of inde- 1989 he was assigned to the Investigations toriums on leaves of absence for professional pendence and cultural pride has endured. This Bureau that dealt with fraud. He obtained development. year’s recipient of the Evagoras Pallikarides Basic, Intermediate, and Advanced Police Cer- To alleviate the shortage, districts have Award embodies these characteristics as well. tificates from the State of California Commis- been forced to dramatically lower their hiring Peter J. Pappas is the President & CEO of sion on Police Officer Standards of Training. standards for substitute teachers. Twenty-eight PJ Mechanical Corporation. It is one of the During his career, Officer Moore received states allow principals to hire anyone with a largest service maintenance organizations in over thirty letters and commendations for his high school diploma or GED who is 18 or the New York metropolitan area and presently valuable achievements including arrests made, older, and over half of all states do not check ranks ninth in the entire nation. Mr. Pappas’s investigations conducted, and help provided to references or even conduct face-to-face inter- professional successes can be rivaled only by members of the community. Several of those views with potential substitutes. Yet, our stu- his many philanthropic contributions. He commendations recognized his extra efforts in dents spend an inordinate amount of time with serves on the Archdiocesan Council, is a Di- helping victims of crime, the elderly, and un- them—an average of 365 days over the rector of Leadership 100, and President of derprivileged members of the community. Fur- course of their elementary and secondary edu- HANAC, which oversees and coordinates a thermore, he was also part of the Monterey cation. Alarmingly, minimal qualification re- variety of social service programs throughout Park Police Department’s Baker to Vegas run- quirements for substitutes have been linked to the community that have serviced thousands ning team. lower educational achievement among stu- of people. He is also President of the Cyprus I commend Officer Moore’s strong commit- dents. Children’s Fund, a member of the Board of Di- ment to protect and serve the Monterey Park So, today, along with 14 of my colleagues, rectors of the Cyprus Chamber of Commerce community. Officer Moore has been a true I am introducing the ‘‘No Substitute for Quality and Chairman of the New York State Hellenic professional, an inspirational role model and a Teaching Act.’’ This bill will create a dem- American Republican Association. friend to many from the beginning of his ca- onstration grant program for school districts to Mr. Pappas has been married to his wife, reer until his retirement and his contributions experiment with creative ways to address the Catherine, in 1961. The couple has three will not be forgotten. I wish him well in his re- substitute teacher shortage. The funds will go grown children, Peter, James and Tara and tirement and thank him for his many years of directly to local education agencies, which seven grandchildren. public service.

∑ 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. E96 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2002 TRIBUTE TO DR. RICHARD HODES with Bundestag Members, Bundestag party In his efforts to encourage, improve, and in- staff members, and representatives of numer- crease public awareness of adoption and fos- HON. JIM DAVIS ous political, business, academic, and media ter care programs, Mr. Thomas established OF FLORIDA agencies. Participants also will be hosted by a both the Dave Thomas Foundation for Adop- IN THE HOUSE OF REPRESENTATIVES Bundestag Member for a district visit. tion and the Dave Thomas Center for Adop- A comparable delegation of German staff tion Law. His Foundation for Adoption worked Wednesday, February 6, 2002 members will visit the United States for 2 jointly with national adoption organizations, in- Mr. DAVIS of Florida. Mr. Speaker, I rise in weeks in July. They will attend similar meet- dividuals, and public and private agencies to honor of Dr. Richard Hodes, a physician and ings here in Washington and visit the districts raise awareness and provide support for chil- former leader in the Florida legislature who of Congressional Members. The U.S. delega- dren awaiting adoption, while his Center for used his multitude of personal and profes- tion is expected to facilitate these meetings. Adoption Law helped to ease and facilitate the sional talents to improve Florida’s health care The Congress-Bundestag Exchange is high- adoption process through education, advo- system and make Florida a better place for all ly regarded in Germany and is one of several cacy, and research. of us. exchange programs sponsored by public and In addition to his foundations, Mr. Thomas During Dick’s 16 years of service in the private institutions in the United States and was a constructive force in shaping corporate Florida House of Representatives, he always Germany to foster better understanding of the health policy to cover adoption expenses. sought opportunities to contribute as a cham- politics and policies of both countries. This ex- Through his efforts, 75 percent of Fortune pion of education and health reforms. As change is funded by the U.S. Department of 1000 companies now offer adoption benefits chairman of the House Health and Rehabilita- State’s Bureau of Educational and Cultural Af- to their employees. Mr. Thomas also served tion Services Committee, then Speaker pro fairs. from 1990 until 2000 as the national spokes- tem and majority leader, Dick used his exper- The U.S. delegation should consist of expe- man for numerous White House adoption and tise as a physician and his prowess as a legis- rienced and accomplished Hill staff who can foster care initiatives, and donated his speak- lator, most notably, to help fashion Florida’s contribute to the success of the exchange on ing fees and profits from the sales of his Medicaid legislation and streamline the State’s both sides of the Atlantic. The Bundestag re- books, ‘‘Dave’s Way, Well Done!’’ and ‘‘Fran- health, institutional, and welfare services in ciprocates by sending senior staff profes- chising for Dummies,’’ to adoption causes. Florida. sionals to the United States. As a testament to his devotion to the cause Dick’s work was not overlooked. In 1970 he Applicants should have a demonstrable in- of adoption, Mr. Thomas received numerous was the recipient of the Florida Jaycees Good terest in events in Europe. Applicants need awards, including the Angel in Adoption Award Government Award and the St. Petersburg not be working in the field of foreign affairs, al- from the Congressional Coalition on Adoption Times nominated him four times as the Most though such a background can be helpful. The and the 2001 Social Awareness Award from Valuable Member of the House. Dick was composite U.S. delegation should exhibit a the U.S. Postal Service. even elected President of the National Con- range of expertise in issues of mutual concern Through his entire span of advocacy for the ference of State Legislatures. to Germany and the United States such as, cause of adoption, Mr. Thomas maintained his Outside of the legislature, Dick’s contribu- but not limited to, trade, security, the environ- life and success ethics of honesty, hard work, tions to the medical community were count- ment, immigration, economic development, self-reliance, and perseverance. May he al- less. He operated his own private practice in health care, and other social policy issues. ways be remembered as a truly powerful ex- In addition, U.S. participants are expected to Tampa for nearly 40 years and served as ample for every person who works toward a help plan and implement the program for the Chairman of the Department of Anesthesi- cause in which he or she believes. Bundestag staff members when they visit the ology at the University of South Florida’s Col- f lege of Medicine and former President of the United States. Participants are expected to as- Florida Medical Association, the Hillsborough sist in planning topical meetings in Wash- HONORING HAMILTON COUNTY County Medical Association and the Florida ington, and are encouraged to host one or two COMMISSIONER HAROLD COKER Society of Anesthesiologists. Local Bundestag staffers in their Member’s district in FOR HIS DEDICATION Hillsborough County residents benefitted from July, or to arrange for such a visit to another his insight every week for 20 years when they Member’s district. HON. ZACH WAMP Participants are selected by a committee tuned into his program on WEDU television. OF TENNESSEE composed of personnel from the Bureau of Dick was the model citizen: a tireless work- Educational and Cultural Affairs of the Depart- IN THE HOUSE OF REPRESENTATIVES er, a highly successful doctor and public serv- ment of State and past participants of the ex- Wednesday, February 6, 2002 ant dedicated to the people he served. He change. was soft spoken while holding firm, heartfelt Mr. WAMP. Mr. Speaker, as a Hamilton Senators and Representatives who would County Commissioner, a small businessman views about the major issues he tackled. Dick like a member of their staff to apply for partici- is an inspiration for generations of leaders to and community activist, Harold Coker has pation in this year’s program should direct spend decades working to improve the school come and he will be solely missed not just by them to submit a resume and cover letter in his family and many, many friends, but by all system, promote economic development and which they state their qualifications, the con- enhance the quality of life for all that live in of us. tributions they can make to a successful pro- f Hamilton County. gram and some assurances of their ability to Before being elected to the County Commis- ANNOUNCEMENT OF THE 2002 CON- participate during the time stated. Applications sion, Mr. Coker was a successful business GRESS-BUNDESTAG/BUNDESRAT may be sent to Connie Veillette in Congress- owner and was elected President of the An- EXCHANGE man REGULA’s office, 2306 Rayburn House tique Automobile Club of America. Because of Building by noon on Friday, April 5. his dedication to the industry, he was also HON. RALPH REGULA f elected president of the National Tire Dealers OF OHIO HONORING LIFE OF DAVE THOMAS Association. IN THE HOUSE OF REPRESENTATIVES In 1982, when Mr. Coker was elected to the SPEECH OF Hamilton County Commission, he went to Wednesday, February 6, 2002 HON. DAVE CAMP work for efficient and more effective govern- Mr. REGULA. Mr. Speaker, since 1983, the ment and attacked abuse of power and cor- OF MICHIGAN U.S. Congress and the German Bundestag ruption in local politics. He served as county IN THE HOUSE OF REPRESENTATIVES and Bundesrat have conducted an annual ex- commission chairman in 1985–86, 1995 and change program for staff members from both Tuesday, January 29, 2002 1998–99 and throughout his service he has countries. The program gives professional Mr. CAMP. Mr. Speaker, as a member who saved the taxpayers millions of dollars. staff the opportunity to observe and learn has actively sought to advance the adoption For over twenty years Commissioner about each other’s political institutions and and foster care system, I would like to pay Coker’s goal has been to bring about progress interact on issues of mutual interest. tribute to Dave Thomas, founder of Wendy’s and make Hamilton County a better place to A staff delegation from the U.S. Congress Old-Fashioned Hamburgers. Throughout his live. Harold and his wife Lill became involved will be selected to visit Germany during May life, Mr. Thomas displayed incredible dedica- in making the streets of our community safe. 26 to June 8 of this year. During the 2 week tion to not only his business endeavors, but They urged the use of seat belts and strongly exchange, the delegation will attend meetings also his advocacy for the cause of adoption. advocated against driving under the influence CONGRESSIONAL RECORD — Extensions of Remarks E97 of alcohol or drugs. Harold was successful in California. Numerous Indian Pueblos were sit- are a mentor and a good friend and I am so obtaining a federal grant of $500,000 to form uated along the trail serving as trading forums proud to have worked for you. You gave me the DUI task force. for the travelers. Today, more than one hun- a chance and hired me, and more impor- tantly, you gave me an opportunity to rep- In 1986 he was named by President Ronald dred and fifty years after the first caravans on resent the entire Commonwealth and fight Reagan to serve on the National Highway the Old Spanish Trail, the historic charter of for working families—a valuable experience Transportation Safety Advisory Committee. the trail lives on and the trail remains relatively that will benefit me and the district that I While serving on the NHTSA board, Harold unchanged since the trail period. now represent. To all of the Assistant Attor- was instrumental in getting the child safety re- The Old Spanish Trail is a symbol of cultural ney General’s who are here, thank you for straint bill and seat belt law passed in the interaction between various ethnic groups and friendship and your commitment to public state legislature. Tennessee was the first state nations. Further, it is a symbol of the commer- service. You are the unsung heroes of state government. in the nation to pass the Child Safety restraint cial exchange that made development and To the local officials who are here today bill and the bill became a model for the rest growth popular, not only in the west, but and to those who could not make it, I pledge of the nation. He should take great satisfaction throughout the country. to you my cooperation and vow to work with in knowing that many lives have been saved The National Trails system was established you to make our government better for the across the country because of this legislation. by the National Trails System Act of 1968, to people we collectively represent. In 1986, Commissioner Coker also began promote the preservation of, public access to, I would not be here today if it were not for an effort to improve the image of Chattanooga travel within, and appreciation of the open air, the support of so many people, actually just about everyone in this room. To those of you by working to create a river port and a river outdoor areas and historic resources of the whom are here in this historic chamber walk to add to the city’s growth, development Nation. Designating the Old Spanish Trail as a today for the first time—come back. The en- and livability. He only hoped to live long National Historic Trail would allow for just what ergy and enthusiasm you displayed during enough to see this project fully realized. I am the act has intended, preservation, access, this campaign is needed in government. Get pleased to report that the project will be com- enjoyment and appreciation of the historic re- involved and stay involved. This is your gov- pleted this year before he leaves office in Au- sources of our Nation. The Old Spanish Trail ernment and your input, now more than ever, is greatly needed. gust. has been significant in many respects to many I especially want to thank someone whom Another one of Commissioner Coker’s pri- different people and such rich history should I love very much and if not for her support mary concerns during his 20 years of public not be left out of our National Trails System. I would not be here. I always knew during service has been economic development. He Designating the Old Spanish Trail as a Na- the campaign and even before that if I had a was instrumental in establishing industrial tional Historic Trail will protect this historic bad day, I could just go home and get all the parks, enterprise zones, and citizen action route and its historic remnants and artifacts for support I needed. My wife Ann may be quiet groups that will benefit the area for genera- public use and enjoyment indefinitely. but she is strong and I couldn’t ask for a bet- ter friend, wife and mother to my child. Ann, tions to come. f thank you. Harold believed that a good education di- MASSACHUSETTS STATE SENATOR My life changed forever in December. And rectly contributed to his success as a business no not because of the election. But because owner and he was inspired to increase funding STEVEN A. BADDOUR’S SWEAR- of the birth of my first daughter Isabella. I for schools as a County Commissioner. He ING IN SPEECH now know what the term ‘‘daddy’s little voted for increases in teacher pay and as a girl’’ means. The first time she looked at me result starting teacher’s salaries have more HON. MARTIN T. MEEHAN and smiled it was all over. I hope that some- day, she smiles at me and says that she is than doubled during his tenure on the County OF MASSACHUSETTS proud of the work I did as a member of the Commission. IN THE HOUSE OF REPRESENTATIVES Massachusetts State Senate. The Coker family was awarded the Great Wednesday, February 6, 2002 I also want to thank the members of my American Family Community Award in 1983; family. I learned at a very early age the im- he received the Sertoma Service to Mankind Mr. MEEHAN. Mr. Speaker, my good friend portance of community. My parents Shae Award in 1985; he was named Volunteer of Steven A. Baddour was elected to the Third and Phyllis were great role models and I the Year for the Heart Association in 1987; Essex Seat of the Massachusetts State Sen- want to thank them for their love and sup- port over the years. They deserve a round of and he was the recipient of the Public Edu- ate in a special election held on January 8, 2002. Steve is a former Assistant Attorney applause because if it were not for their nur- cation Foundation Award in 2000. turing and encouragement, I would not be Commissioner Coker will leave office at the General for Massachusetts and also served as here today. My step-mother Marie is also end of his final term in August of 2002. I an Economic Development Specialist in my here and I want to thank her for the count- would like to personally thank him for his tire- Massachusetts offices. less hours she spent on the telephone and for less efforts to make a difference in the lives of On January 23, 2002, Steve delivered his all that she has done for me over the years. the people who live in the Tennessee Valley. first speech as a State Senator. It was an elo- My brother Shae is also here today with his wife Michelle and their three children, We will miss his leadership, but his vision and quent and moving address. Without objection, I submit the text of his remarks: Matthew, Nicole and Shaena. I want to principled stands will serve as a legacy and a thank them, especially my brother, for al- lesson for all who are fortunate to be called a Thank You. ways being there when I needed him. He is a ‘‘public servant.’’ Your Excellency, thank you very much. I great brother, but more importantly a great look forward to working with you through- f husband and a super dad. out the years to come. To my new colleagues, I look forward to THE OLD SPANISH NATIONAL Mr. President, thank you as well. On be- working with each of you. I look forward to half of the people of the Third Essex District, HISTORIC TRAIL ACT building a friendship. Over the next few days, I want to thank you for your commitment to I will be calling each of you to set a meeting democracy and representation. The fact that where we can sit down and begin to build a HON. HEATHER WILSON you scheduled this election, so soon after the friendship as well as a partnership. I look OF NEW MEXICO resignation of the now Secretary of Public forward to working with you as a productive Safety, is proof that you place public service IN THE HOUSE OF REPRESENTATIVES member of this great body. over politics. Thank you. To my supporters I pledge to work every- Wednesday, February 6, 2002 Speaking of the Secretary of Public Safe- day fighting for the issues that I campaigned ty. I want to thank him for his unwavering Mrs. WILSON. Mr. Speaker, in the west, citi- on. Opening the political process, a commit- commitment on behalf of the citizens he rep- ment to education, especially Adult learn- zens from all walks of life have deep-rooted resented with such distinction and honor. It ing, and the list goes on. I am a true believer cultural and historic ties to the land. This legis- is truly an honor for me to succeed by friend in the phrase coined by Tip O’Neil that all lation will amend the National Trails System and mentor, the Secretary of Public Safety. politics is local and I truly look forward to Act and designate the Old Spanish Trail, Please join me in thanking him for all that representing and working for the people of which originates in Santa Fe, New Mexico and he has done for the citizens he has so ablely Methuen, North Andover, Haverhill, Salis- continues to Los Angeles, California, as a Na- represented. bury, Merrimac, Amesbury and Newbury- tional Historic Trail. Attorney General Tom Reilly—thank you port. so much for being here and for all that you As anyone can tell—the geography of this The Old Spanish Trail dates back to 1829 have done for me. As the leader of the best district is as diverse as its people. And the when it had a variety of uses, from trade cara- professional public law office—you have said challenges that lay in the month’s ahead vans to military expeditions. For twenty plus repeatedly—you expect nothing but the best could easily make one turn his or her head years, the Old Spanish Trail was used as a of your employees—and as the newspapers the other way from public service. But hav- main route of travel between New Mexico and are reporting day after day—it shows. You ing already worked for the district, having E98 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2002 represented the Commonwealth as an Assist- Hong Kong running and single-handedly sup- local Philippine dialect. About half are in ant Attorney General—I look forward and port tens of thousands of families back home Hong Kong because they are mothers earning am excited to meet those challenges head on. in the Philippines. The proposal to cut their money to send their children to school back home. The other half tend to be eldest sisters Today, I stand before you and reiterate the wages was unfair and unethical, a fact real- one promise that I made throughout this working to feed younger siblings. All are campaign: I will never forget where I came ized by many solid citizens in Hong Kong. their families’ primary breadwinners. from. It is therefore my great pleasure to report that the proposal to cut the minimum wage for Their treatment varies. By law, employers I am the son of a working class family and must give their amahs a ‘‘private space’’ to a product of public education from kinder- Hong Kong’s maids has been rejected by the live in, but Hong Kong’s flats tend to be tiny, garten through college. Hong Kong government. This decision by the and the Asian Migrant Centre, an NGO, esti- The daily struggles I witnessed and experi- government demonstrates the wisdom of Hong mates that nearly half of amahs do not have enced along with my family, friends and Kong’s leadership on economic and other im- their own room. Some amahs sleep in clos- neighbors have made me who I am and have portant issues, and shows why U.S.-Hong ets, on the bathroom floor, and under the brought me here today. Kong relations will only grow stronger. dining table. One petite amah sleeps in a I will remain true to that promise and to I have attached a recent article from the kitchen cupboard. At night she takes out the the commitments I made during this cam- plates, places them on the washer, and Economist regarding this critically-important paign, I will not forget where I came from. climbs in; in the morning, she replaces the issue, and urge my colleague to read it in its plates. When amahs are mistreated, as many f entirety. are, they almost never seek redress. Among MINIMUM WAGE FOR FILIPINO DO- AN ANTHROPOLOGY OF HAPPINESS—THE those who did so last year, one had her hands MESTIC WORKERS IN HONG FILIPINA SISTERHOOD burned with a hot iron by her Chinese em- KONG ployer, and one was beaten for not cleaning [From the Economist, Dec. 22, 2001] the oven properly. Once a week, on Sundays, Hong Kong be- The amahs’ keenest pain, however, is sepa- comes a different city. Thousands of Filipina TOM LANTOS ration from loved ones. Most amahs leave women throng into the central business dis- OF CALIFORNIA their children and husbands behind for years, trict, around Statue Square, to picnic, or for good, in order to provide for them. IN THE HOUSE OF REPRESENTATIVES dance, sing, gossip and laugh. They snuggle Meanwhile, those families often break apart. in the shade under the HSBC building, a Wednesday, February 6, 2002 It is hard, for instance, to find married Hong Kong landmark, and spill out into the amahs whose husbands at home have not Mr. LANTOS. Mr. Speaker, Hong Kong is parks and streets. They hug. They chatter. taken a mistress, or even fathered other chil- one of the most economically and culturally vi- They smile. Humanity could stage no greater dren. Some amahs show their dislocation by brant cities in the world, and its hard-working display of happiness. lying or stealing from their employers, but This stands in stark contrast to the other residents make an enormous contribution to most seem incapable of bitterness. Instead, six days of the week. Then it is the Chinese, the economic and political stability of the Asia- they pour out love on the children they look famously cranky and often rude, and expa- Pacific region. As a result, U.S.-Hong Kong re- after. Often it is they who dote, who listen, triate businessmen, permanently stressed, lations have never been stronger, and ties be- who check homework. And they rarely stop who control the city centre. On these days, to compare or envy. tween the governments and people of Hong the Filipinas are mostly holed up in the Kong and the U.S. grow each day. 154,000 households across the territory where Under such circumstances, the obstinate While there are many reasons for Hong they work as ‘‘domestic helpers’’, or amahs cheerfulness of the Filipinas can be baffling. Kong’s ongoing success, due credit must be in Cantonese. There they suffer not only the But does it equate to ‘‘happiness’’, as most given to the over 230,000 domestic workers in loneliness of separation from their own fami- people would understand it? ‘‘That’s not a Hong Kong who watch children, cook and lies, but often virtual slavery under their mistake. They really are,’’ argues Felipe de clean while their Hong Kong employers are off Chinese or expatriate masters. Hence a mys- Leon, a professor of Filipinology at Manila’s University of the Philippines. In every sur- at work. Most of the women who fill these do- tery: those who should be Hong Kong’s most miserable are, by all appearances, its vey ever conducted, whether the comparison mestic positions are from the Philippines, and happiest. How? The Philippine government is with western or other Asian cultures, Fili- the remittances of their wages back to the estimates that about 10% of the country’s 75 pinos consider themselves by far the Philippines support entire families. But the million people work overseas in order to sup- happiest. In Asia, they are usually followed sacrifices made by these Filipina maids are port their families. Last year, this diaspora by their Malay cousins in Malaysia, while enormous. They must leave husbands, chil- remitted $6 billion, making overseas Filipino the Japanese and Hong Kong Chinese are the dren, and other family members behind for workers, or OFWs, one of the biggest sources most miserable. Anecdotal evidence confirms years on end to work incredibly long hours, six of foreign exchange. Hong Kong is the these findings. days a week. Given the small size of Hong epicentre of this diaspora. Although Amer- ica, Japan and Saudi Arabia are bigger des- HAPPINESS IS KAPWA Kong apartments, most of these maids sleep tinations of OFWs by numbers, Hong Kong is on kitchen or bathroom floors, or even in the Explaining the phenomenon is more dif- the city where they are most concentrated ficult. The usual hypothesis puts it down to closet. The minimum wage for Hong Kong and visible. Filipina amahs make up over 2% the unique ethnic and historical cocktail maids is set at just $470 per month, and not of its total and 40% of its non-Chinese popu- that is Philippine culture—Malay roots all employers comply. lation. They play an integral part in almost (warm, sensual, mystical) mixed with the Ca- During an official visit to Hong Kong in Jan- every middle- class household. And, once a tholicism and fiesta spirit of the former uary, it was brought to my attention that the week, they take over the heart of their host Spanish colonisers, to which is added a dash trade association representing the employers society. of western flavour from the islands’ days as It was not always thus. Two generations an American colony. Mr de Leon, after a dec- of Hong Kong maids had proposed cutting the ago, the Philippines was the second-richest minimum wage for maids by 14%. Given Hong ade of researching, has concluded that Fili- country in East Asia, after Japan, while pino culture is the most inclusive and open Kong’s leadership role in the Asia-Pacific re- Hong Kong was teeming with destitute refu- of all those he has studied. It is the opposite gion, I was frankly shocked to hear that such gees from mainland China. Among upper- of the individualistic culture of the West, a proposal had even been put on the table. class families in the Philippines, it was com- with its emphasis on privacy and personal In meetings with Members of the Hong mon in those days to employ maids from fulfilment. It is also the opposite of certain Kong Legislative Council and other senior Hong Kong. But over the past two decades collectivistic cultures, as one finds them in Hong Kong officials, I raised strong concerns Hong Kong has grown rich as one of Asia’s Confucian societies, that value hierarchy ‘‘tigers’’, while the Philippines has stayed and ‘‘face’’. regarding this proposed minimum wage cut, poor. Hong Kong is the closest rich economy echoing the strong statements against the pro- to the Philippines, and the easiest place to By contrast, Filipino culture is based on posal made by many Hong Kong residents get ‘‘domestic’’ visas. It has the most elabo- the notion of kapwa, a Tagalog word that and Filipina maids. I indicated that I was very rate network of employment agencies for roughly translates into ‘‘shared being’’. In sympathetic to the fact that many Hong Kong amahs in the world. essence, it means that most Filipinos, deep down, do not believe that their own exist- families have had to tighten their belts as a re- A BED IN A CUPBOARD ence is separable from that of the people sult of the recession in Hong Kong, but that it Although the Filipinas in Hong Kong come around them. Everything, from pain to a was not a solution to Hong Kong’s economic from poor families, over half have college de- snack or a joke, is there to be shared. Guests problems to cut the wages of those who earn grees. Most speak fluent English and reason- in Filipino homes, for instance, are usually the least. Hong Kong’s Filipina maids keep able Cantonese, besides Tagalog and their expected to stay in the hosts’ own CONGRESSIONAL RECORD — Extensions of Remarks E99 nuptial bed, while the displaced couple sleeps toys and other articles for their siblings and destroyed the ocean liner Normandie and on the floor. Small-talk tends to get so inti- children, and remitting their wages. More doused the flames on a sinking munitions mate so quickly that many westerners re- than their wages, in fact: many amahs bor- boat. As part of the annual Fourth of July cele- coil. ‘‘The strongest social urge of the Fili- row to send home more, often with ruinous bration, John J. Harvey shoots gushing pino is to connect, to become one with peo- financial consequences. ple,’’ says Mr de Leon. As a result, he be- Father Lim tells a story. An eminent Fili- streams of water high into the sky, forming an lieves, there is much less loneliness among pino died while abroad, and it was decided are through which passing ships can speed. them. that local compatriots should bid the coffin As a result of her past deeds, she was placed It is a tall thesis, so The Economist set out adieu before its journey home. So amahs on the National Register of Historic Places in to corroborate it in and around Statue showed up to file past it. When the coffin ar- 2000. Square on Sundays. At that time the square rived in the Philippines and was re-opened, Prior to the September 11th attacks on the turns, in effect, into a map of the Philippine the corpse was covered from head to toe with World Trade Center, John J. Harvey had been archipelago. The picnickers nearest to the padded bras, platform shoes, Nike trainers, statue itself, for instance, speak mostly and the like, all neatly tagged with the cor- operated by her owners as a working fireboat Ilocano, a dialect from northern Luzon. In rect addresses. museum giving free trips and educational the shade under the Number 13 bus stop (the It is their role as a lifeline for the folks at tours up and down the Hudson River and at road is off-limits to vehicles on Sundays) one home that has earned the OFWs their Taga- Pier 63 Maritime. As news of the disaster at hears more Ilonggo, spoken on Panay island. log nickname, bayani. By itself, bayani the World Trade Center spread, the crew of Closer to City Hall, the most common dia- means heroine, and this is how many amahs John J. Harvey began racing towards Pier 63 lect is Cebuano, from Cebu. Hong Kong’s see themselves. Another form of the word, Filipinas, in other words, replicate their vil- Maritime from all parts of New York. They rec- bayanihan, used to describe the traditional ognized that the fireboat was uniquely suited lage communities, and these surrogate fami- way of moving house in the Philippines. All lies form a first circle of shared being. In- the villagers would get together, pick up the to provide invaluable help to the FDNY and deed, some of the new arrivals in Hong Kong hut and carry it to its new site. Bayanihan NYPD at this time of crisis. already have aunts, nieces, former students, was a heroic, communal—in other words, Once it arrived at the scene of the attack, teachers, or neighbours who are there, and shared—effort. John J. Harvey immediately began ferrying gossip from home spreads like wildfire. It is no coincidence, therefore, that ash-caked survivors away from the collapsed What is most striking about Statue Bayanihan House is the name the amahs Square, however, is that the sharing is in no buildings. A member of the crew later recalled have given to a building in Hong Kong that how roughly 150 people hurled themselves way confined to any dialect group. Filipinas a trust has made available to them for birth- who are total strangers move from one group day parties, hairstyling classes, beauty pag- over the gunwales, some leaving their shoes to another—always welcomed, never re- eants and the like. One recent Sunday, dur- behind, in order to escape. As John J. Harvey jected, never awkward. Indeed, even Indo- ing a pageant, one of the contestants for was rescuing these people, a call came in nesian maids (after Filipinas, the largest beauty queen was asked how she overcame from the Fire Department: They desperately group of amahs), and Chinese or foreign pass- homesickness, and why she thought the peo- needed water pressure. ers-by who linger for even a moment are ple back home considered her a hero. She Upon hearing this request, the crew likely to be invited to share the snacks. looked down into her audience of amahs. The same sense of light-hearted intimacy dropped off the survivors in safety at pier 40 ‘‘We’re heroes because we sacrifice for the extends to religion. Father Lim, for in- ones we love. And homesickness is just a and rushed John J. Harvey to the sea wall at stance, is a Filipino priest in Hong Kong. part of it. But we deal with it because we’re the World Financial Center. As they started to Judging by the way his mobile phone rings together.’’ The room erupted with applause rev up the water pumps on the boat, the crew almost constantly with amahs who want to and agreement. recognized that they had a serious problem. talk about their straying husbands at home, ‘‘Nowadays, bayanihan really means to- he is also every amah’s best friend. He is just Harvey’s 3-inch manifold valves, designed for getherness,’’ says Mr de Leon, and ‘‘togeth- as informal during his Sunday service in Ta- providing water of a different diameter to the erness is happiness’’. It might sound too ob- 1 galog at St Joseph’s Church on Garden Road. modern 2 ⁄2 inch hose being used by FDNY. vious, almost banal, to point out—had not so This event is, by turns, stand-up comedy, Nobody had any adapters. Tim Ivory, the many people across the world forgotten it. rock concert and group therapy. And it is boat’s chief engineer, was under intense pres- packed. For most of the hour, Father Lim f sure knowing that many lives were dependant squeezes through his flock with a micro- on Harvey to provide water quickly. He re- phone. ‘‘Are you happy?’’ he asks the con- IN HONOR OF THE FIREFIGHTING membered that some of the water guns, de- gregation. A hand snatches the mike from VESSEL ‘‘JOHN J. HARVEY’’ signed for shooting water into the air, had noz- him. ‘‘Yes, because I love God.’’ Amid wild 1 applause, the mike finds its way to another zles that were 2 ⁄2 inches in diameter. He amah. ‘‘I’m so happy because I got my HON. CAROLYN B. MALONEY cleverly improvised by taking a sledgehammer HK$3,670 this month [$470, the amahs’ statu- OF NEW YORK and jamming soda bottles and wood into the tory wage]. But my employer was expecting nozzles, so as to redirect the water into the IN THE HOUSE OF REPRESENTATIVES a million and didn’t get it. Now he’s miser- hoses from the guns. able.’’ The others hoot with laughter. Wednesday, February 6, 2002 John J. Harvey spend the next 80 hours The Filipinas, says Father Lim, have only one day a week of freedom (less, actually, as Mrs. MALONEY of New York. Mr. Speaker, pumping water to firefighters working in the most employers impose curfews around I rise today to pay special tribute to John J. wreckage. Since all of the fire hydrants west dusk), so they ‘‘maximise it by liberating the Harvey, the oldest and, now, most famous of the disaster site were not operational, John Filipino spirit’’. That spirit includes com- firefighting vessel on the Hudson River. On J. Harvey, along with the city’s two remaining muning with God. Some 97% of Filipinos be- September 11, 2001, the crew of John J. Har- large fireboats, Fire-Fighter and McKean, pro- lieve in God, and 65%, according to a survey, vey demonstrated exceeding valor in aiding vided much of the necessary water to fight the feel ‘‘extremely close’’ to him. This is more the rescue efforts of the New York City Fire fires that continued to burn at the site of the than double the percentage of the two run- Department. World Trade Center. ners-up in the survey, America and Israel. This intimate approach to faith, thinks Fa- John J. Harvey was build seventy years ago I particularly want to recognize the brave ther Lim, is one reason why there is vir- in order to update and improve the New York crew members of John J. Harvey. On the day tually no drug abuse, suicide or depression City Fire Department’s aging fleet of steam- of the attack, the following people rushed to among the amahs—problems that are grow- powered fireboats. The boat was the first ves- the rescue: Chase B. Welles (who quickly rec- ing among the Chinese. sel of its kind with internal combustion en- ognized the need to be of service), Huntley THE LIFELINE TO HOME gines, a feature that gave John J. Harvey the Gill (who piloted the boat on 9/11), Tim Ivory There is, however, an even more concrete capacity to pump 18,000 gallons of water a (whose ingenuity saved the day), Tomas J. expression of kapwa. Quite simply, it is the minute—twenty fire engines’ worth—in Cavallaro (who worked tirelessly to supply the reason why the Filipinas are where they are streams up to twenty-five stories high. crew) and Andrew Furber (Assistant Engineer, in the first place: to provide for loved ones at John J. Harvey served in New York Harbor who helped rescue workers extract bodies and home. Most spend very little of their month- ly HK$3,670 on themselves. Instead, they until 1995, when it was taken out of service for clear debris as a welder). Later that day they take it to WorldWide House, a shopping mall budgetary reasons. During her years of out- were joined by John Doswell, Jean Preece and office complex near Statue Square. On standing service, she participated in some of and Pamela Hepburn who helped rescue Sundays the mall becomes a Philippine mar- the most memorable fire rescue missions in workers. The following morning Captain Rob- ket, packed with amahs buying T-shirts, New York Harbor. She fought the inferno that ert Lenney (who spent 16 years as pilot of E100 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2002 John J. Harvey when it served the FDNY and Kotchnik’s accomplishments and wish him votes, I would have voted as indicated: Roll- returned to service to help fight the fires at the much happiness in future endeavors. call No. 1, present; rollcall 2, yea; rollcall 3, World Trade Center for days on end) and Jes- f yea; rollcall 4, yea; and rollcall 5, yea. sica DuLong (Assistant Engineer, who en- f sured constant smooth running of the engines) TRIBUTE TO ADELA GONZMART lent their valuable assistance to the effort. TRIBUTE TO MR. SYDNEY Throughout the 4 days, they were supported HON. JIM DAVIS CHARLES LOCKWOOD by Darren Vigilant of tugboat Bertha, (who OF FLORIDA ferried supplies from Pier 63 Maritime) and by IN THE HOUSE OF REPRESENTATIVES HON. BILL PASCRELL, JR. John Krevey and his team at Pier 63 Maritime OF NEW JERSEY (who provided an unending supply of provi- Wednesday, February 6, 2002 IN THE HOUSE OF REPRESENTATIVES sions). Mr. DAVIS of Florida. Mr. Speaker, I rise in Wednesday, February 6, 2002 John J. Harvey is once again docked at Pier honor of Adela Gonzmart, the matriarch of 63 Maritime where visitors to New York can Ybor City’s famed Columbia Restaurant, who Mr. PASCRELL. Mr. Speaker, I would like to learn more about his heroic tale of a once will long be remembered across the State of call to your attention the work of an out- scrap yard-destined firefighting vessel that Florida and the nation for her compassion for standing public servant, Mr. Sydney Charles came back to help save New York City. others and her efforts to preserve the vibrant Lockwood of the Passaic Public Schools, who Mr. Speaker, I proudly salute the firefighting culture of Tampa and Ybor City. was recognized on Friday, October 26, 2001 for his lifelong dedication to education. vessel John J. Harvey and her crew. May they As a child prodigy on the piano, Adela nur- As a former Passaic County educator, I take be forever remembered for their courageous tured her talent and soon became a concert particular pride in exercising my ability to efforts on September 11, 2001. pianist, traveling with her husband across the honor Mr. Lockwood in this, the permanent world to share their music. In 1953, the f record of the greatest freely elected body on Gonzmarts returned to Tampa and soon took earth. He is more than deserving as he has a IN RECOGNITION OF MR. GEORGE over operation of Adela’s father’s restaurant, long history of caring, generosity, and commit- KOTCHNIK the Columbia. ment to his noble profession. The Gonzmarts turned the Columbia Res- From the beginning of his 40-year career in taurant into a successful enterprise and used HON. HILDA L. SOLIS education, which began as an undergraduate the family business as a means to contribute OF CALIFORNIA at Montclair State University, Sydney to the Ybor community. Adela and her hus- IN THE HOUSE OF REPRESENTATIVES Lockwood has been a leader. A member of band hosted countless charity fundraisers at Montclair State’s chapter of Kappa Delta Pi, Wednesday, February 6, 2002 the Columbia and served as patrons for the the National Honor Society for Education, Syd- Tampa art community. Adela helped form the Ms. SOLIS. Mr. Speaker, I rise today to rec- ney was named to Who’s Who in American Tampa Symphony Orchestra, now the Florida ognize the dedication and contributions of one Colleges and Universities. Symphony Orchestra, and organized the Ballet of my constituents, Mr. George Kotchnik. Mr. After receiving his Master’s Degree from Folklorico of Ybor City, a dance company in- Kotchnik retired from the city of San Gabriel’s Montclair State in 1965, Sydney moved on to spired by Ybor’s Cuban, Spanish and Italian Parks and Recreation Department on Decem- Columbia University’s prestigious Teacher’s culture. ber 31, 2001. College to pursue his post-graduate education. However, Adela was best known for her A life long resident of the San Gabriel Val- Immediately playing integral roles in Colum- enormous heart. Adela never met a stranger ley, Mr. Kotchnik is a true local hero who de- bia’s pivotal research projects, Sydney and anyone who stepped foot into her res- serves our respect and commendation. His Lockwood participated in the Columbia Univer- taurant could not help but feel like family. She work with the city’s Parks and Recreation De- sity Curriculum Life Skills Project and served loved sharing stories of her family and their partment included 32 years as director, during as a member of Columbia University’s Task Spanish and Cuban heritage. Adela’s devotion which he played an important role in enhanc- Force that evaluated the failing Washington, to her community, her two sons and, and her ing the quality of life for all residents. DC school system. eight grandchildren is an inspiration to us all. Under Mr. Kotchnik’s leadership, the city of The City of Passaic first saw Sydney’s dedi- San Gabriel’s parks and public facilities im- Monsignor Lawrence Higgins, who presided cation to education and capacity for leadership proved significantly. One example is the Smith over Adela’s funeral, described her as ‘‘the while he served as an English and Social Park expansion. Smith Park has been ex- queen of Ybor City and all the town.’’ I can Studies teacher at Lincoln Middle School. He panded to twice its size, creating more green think of no better tribute. Tampa has truly lost quickly was promoted to Head Teacher at Pu- space for residents of all ages to enjoy. Smith a piece of its rich history in the passing of laski School No. 8 and then to Principal of Park’s design incorporated certain architec- Adela Gonzmart. Roosevelt School No. 10 from 1974 to 1995. tural features that paid tribute to the On behalf of the people of Tampa Bay, I Sydney’s final post with the Passaic Public Gabrielino-Tongva Indians, the original inhab- would like to extend my heartfelt sympathies Schools was as Principal of School No. 2 from itants of this region. to Adela’s family. Adela was, and will continue 1995 until June of 2001. The Park’s expansion was such a success, to be, larger than life to all of us who knew By devoting over forty years of his life, the it garnered the California Parks and Recre- her, deeply cared for her, and respected her. last twenty-seven as a principal, to the chil- ation Society’s 2001 Award of Excellence for Thankfully, her legacy will flourish with her dren of the City of Passaic, Sydney Lockwood park design. Mr. Kotchnik and the San Gabriel sons, Richard and Casey, and their families as has done so much for so many. While his re- Parks and Recreation Department have also they build upon their proud family tradition of tirement has caused great sadness in the Pas- won the Gold Shield Award for outstanding operating the Columbia Restaurant and serv- saic Public Schools, it also has been a time achievement on two occasions from the ing our community and State in countless for celebration, as all those touched by Syd- Southern California Municipal Athletic Federa- ways. ney have honored his career of public service. tion. f The job of a United States Congressman in- Under his leadership, the parks and recre- volves so much that is rewarding, yet nothing PERSONAL EXPLANATION ation department renovated and expanded the compares to learning about and recognizing city’s Adult Recreation Center, collaborated the efforts of individuals like Sydney with local high schools to add park facilities at HON. SOLOMON P. ORTIZ Lockwood. school districts, and recently began develop- OF TEXAS Mr. Speaker, I ask that you join our col- ment of a skate park at a San Gabriel high IN THE HOUSE OF REPRESENTATIVES leagues, the Passaic Public Schools, the City school. of Passaic, Sydney’s family and friends, all the After 40 years of service, Mr. Kotchnik re- Wednesday, February 6, 2002 students who have been touched by Sydney tired at the end of 2001, but his contributions Mr. ORTIZ. Mr. Speaker, because of official over his career both inside and outside of the will not be forgotten. He has left an enduring business for my District (27th Congressional classroom, and me in recognizing the out- impression on the city of San Gabriel and its District of Texas) I was absent for rollcall standing and invaluable service of Mr. Sydney residents. I am proud to recognize Mr. George votes 1Ð5. If I had been present for these Charles Lockwood. CONGRESSIONAL RECORD — Extensions of Remarks E101 TIME FOR BUSH ADMINISTRATION Parca, a private, nonprofit organization serving but for those with developmental disabilities AND CONGRESS TO DEAL WITH people with developmental disabilities, on the these skills are the key to greater freedom and BUDGET NEEDS IN RESPONSIBLE occasion of its 50th anniversary. Since 1952, independence and a sense of pride and ac- FASHION Parca has enriched the lives of these special complishment. people while strengthening our community Sarah Hurlbut, a young woman who is cur- HON. EARL BLUMENAUER through its devoted services. Parca’s impact rently a resident in Parca’s Page Mill Court OF OREGON on those with developmental disabilities, as Apartments in Palo Alto, has made extraor- IN THE HOUSE OF REPRESENTATIVES well as on their friends and family, is recog- dinary progress since she moved into the Wednesday, February 6, 2002 nized with great appreciation by many in our apartments in 1998. With the help of Parca community. she has been able to live on her own for the Mr. BLUMENAUER. Mr. Speaker, last year, Mr. Speaker, in 1952, people with develop- first time. Sarah is no longer a shy young President Bush presented and Congress mental disabilities and their families were often woman—through Parca’s help she has be- passed his tax cut predicted on Americans unable to find programs and support to help come more assertive and is becoming a lead- paying down the deficit in the next ten years. meet their special needs. Flo Nelsen orga- er among her peers. As Sarah’s experience There were unrealistic assumptions about nized a group of concerned parents and es- has demonstrated, this program has been crit- Federal spending, claiming to protect Social tablished Parca to provide support for individ- ical in our effort to help those with develop- Security and Medicare, with a trillion dollars uals and families with developmental disabil- mental disabilities become an integral part of left over for contingencies. Today, $4 trillion of ities such as Down’s Syndrome, autism, cere- our community. those assumptions have disappeared. The bral palsy, epilepsy, and other neurological Parca’s excellent family and counseling White House has sent a budget to Congress disorders. Flo Nelsen believed that every de- services provide families with information re- that will never be presented for a vote be- velopmentally disabled person had the right to garding individualized education, program cause even the Republican leadership knows resources and support to help them reach planning, and counseling on a variety of it would fail. their highest potential and become actively issues. The ‘‘Speaker Series’’ provides infor- It is time for the Bush administration and and productively involved in the community. mation to those interested in learning about Congress to step back and deal with our crit- Families and individuals with developmental important issues such as child care, edu- ical budget needs in a reasonable fashion. disabilities can turn to Parca for advocacy, in- cation, independent living, and wills. Parca’s The tax changes that were all scheduled to formation, counseling, support, and, most im- People First chapter teaches adults with de- expire in less than 10 years should be reas- portant, fun. velopmental disabilities on how to advocate for sessed in light of our stated priorities. We Over the past fifty years, Parca has ex- themselves. The group has also organized should not dramatically increase our debt, bor- panded to provide a variety of services and trips to our state capital in Sacramento and to row against Social Security and Medicare, and programs for different age levels, and it has our national capital here in Washington, DC, abandon priorities for senior citizens and vet- expanded into Marin County, Silicon Valley, to provide families and individuals with devel- erans that were clear and important commit- and the East Bay. Parca’s Recreational Expe- opmental disabilities an opportunity to advo- ments to American voters. rience for All Children (REACH) program pro- cate their positions on issues directly affecting There should be a careful reexamination of vides child care services for children with or their community. the proposed military budget to eliminate un- without developmental disabilities, giving chil- On February 9, 2002, Mr. Speaker, Parca necessary weapons system that will not help dren an opportunity to appreciate and learn will be holding its ‘‘Hearts of Gold Anniversary us in our war on terrorism and that will not from one another. The recreational activities of Celebration’’ to mark 50 years of golden op- even be helpful fighting conventional wars. We REACH help children appreciate their dif- portunities to individuals with developmental should commit to reforming agricultural spend- ferences and identify their similarities. Another disabilities and their families. As Parca cele- ing so it does not waste huge sums of tax- great benefit of this program is the child to brates this historic milestone, I invite my col- payers money while hurting the environment staff ratio is 6 to 1, and in some cases, 3 to leagues to join me in recognizing and com- and consumers, not even benefiting most 1, depending on the needs of the children. mending the entire Parca family for the time, states and taxpayers. The result is a better learning experience be- Last year I made it clear that the budget effort, and invaluable contributions that have cause individualized attention is geared toward been made to help individuals with develop- resolution did not have a pretense of reality their pace of learning. Parca provides numer- and that the tax cut was based on seriously mental disabilities achieve their highest poten- ous recreational and social opportunities for tial. We celebrate the vision and the success flawed premises. The events of this last year families and individuals with developmental have revealed with a vengeance the accuracy of Parca and wish continued future success. disabilities. f of these predictions. Oregonians expect their Mr. Speaker, one of Parca’s important and political leaders to keep their commitments to unique contributions is the Raji House—a ESTABLISHING FIXED INTEREST reduce our multi-trillion dollar national debt, unique program that allows out-of-home week- RATES FOR STUDENT AND PAR- protect Social Security and Medicare, avoid end service for children and teens with devel- ENT BORROWERS reckless and irresponsible spending, and re- opmental disabilities. As you know, Mr. Speak- form existing programs to give more value er, one of the many difficult challenges of rais- SPEECH OF while saving money. Today’s vote is a political ing such a child is getting a break, and this HON. BETTY McCOLLUM charade that does not advance any of these service provides parents with a respite care objectives. The fact that it is brought forward OF MINNESOTA service. At the same time, it gives the children IN THE HOUSE OF REPRESENTATIVES as a suspension bill with no meaningful de- a chance to learn and grow as they spend a bate underscore the fact that even the Repub- weekend in a rich home environment with the Thursday, January 24, 2002 lican leadership is not serious about it. I hope opportunity to go on fun, exciting, and edu- Ms. MCCOLLUM. Mr. Speaker, I am that we can stop these meaningless political cational field trips. Both parents and children pleased today to support S. 1762, to establish exercises and get on with the hard and seri- have the opportunity to become rejuvenated fixed interest rates for student loans and to ous work of budgeting for this year and Amer- through Raji House. loans and to extend current law with respect ica’s future. Parca also offers an adult service program to Federal support for lenders. f that trains adults with the skills needed for The passage of S. 1762 will establish fixed PARCA—CELEBRATING 50 YEARS self-reliance and independence. Among many interest rates for students and correct a prob- OF GOLDEN OPPORTUNITIES FOR of Parca’s accomplishments is a collaboration lem in the Higher Education Act that, if not PERSONS WITH DEVELOP- with housing developers to provide affordable acted upon, would threaten to end the partici- MENTAL DISABILITIES housing to individuals and their families, fur- pation of private lenders who fund the Federal thering Parca’s efforts to promote independ- Family Education Loan Program (FFELP). The HON. TOM LANTOS ence. Independent Living Skills Counselors continued availability of low-cost, federally live on-site with residents to ensure their safe- guaranteed loans under FFELP is crucial to OF CALIFORNIA ty, and counselors help them learn the basic ensuring that our nation’s students and par- IN THE HOUSE OF REPRESENTATIVES skills needed to live on their own, including ents are able to pay for college and other Wednesday, February 6, 2002 balancing a checkbook, cooking meals, doing higher education opportunities. Mr. LANTOS. Mr. Speaker, I invite my col- laundry, and planning grocery lists. These As a member of the 21st Century Competi- leagues to join me today in paying tribute to skills are something many take for granted, tiveness Subcommittee, which has jurisdiction E102 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2002 over higher education issues, I am committed It is a lesson our allies in the war against far away, in Afghanistan, we are attacking to making higher education more accessible terrorism would do well to grasp; one we can Muslim terrorists. only hope is soon played out in such Afghan and affordable for students. I applaud the stu- UNDER STRONG LEADERSHIP cities as Kabul or Kandahar or Mazar-e- dent, school and loan provider groups that Sharif. Blum has a unique task. He is 55. He has have worked with Congress and the adminis- Because of all we learned, and the promise made 1500 airdrops and has had open-heart tration to develop this ‘‘win-win’’ solution. This for the future it held, this was the best trip surgery. He speaks so well, thinks so swiftly legislation is good for students and good for ever. and knows so much that he reminds me of our nation. We witnessed things we never imagined Eisenhower in 1945, when Ike was 55. At all times, Blum was at full concentration. He is f possible. One day, we stood at Eagle Base, headquarters for the 29th Division, sur- an outstanding military commander and dip- HISTORIAN STEPHEN AMBROSE rounded by Black Hawk helicopters, ready to lomat, as good as Ike was in Germany at the PRAISES MISSISSIPPI NATIONAL take off but waiting for two other birds com- same age—but on a much smaller scale. GUARDSMEN ing in. ‘‘Bosnia has more weapons per person than With us was Major General Steven Blum, anywhere else in the world. So many, that to the American commander of the NATO celebrate a wedding they throw grenades and HON. GENE TAYLOR peacekeeping operation force here. The shoot their AK–47s,’’ Blum said of the region, OF MISSISSIPPI troops around us were fully armed. The in- divided by three peoples and three armies: coming birds landed. They were Russian, Muslim, Croat and Serb . . . ‘‘Our aim is one IN THE HOUSE OF REPRESENTATIVES part of the air-landing brigade that serves country, one army.’’ Wednesday, February 6, 2002 under Blum’s command. They landed about Eagle Base is Tuzla’s largest employer, 50 meters away from the Black Hawks. Rus- Mr. TAYLOR of Mississippi. Mr. Speaker, providing construction and service jobs, as sian soldiers emerged combat ready in the well as others, at fair wages. Muslim works my hometown newspaper, The Sun-Herald, presence of American soldiers just as ready. beside Serb works beside Croat. based in Biloxi, Mississippi, recently printed a But there were greetings, not shooting. They see in their own eyes, black and The last time that happened was at the feature by noted historian Stephen E. Am- white, yellow and brown Americans working German city of Torgau on the banks of the brose. I found Mr. Ambrose’s words to be es- together. Clearing mines, for example. The Elbe River in 1945. With this difference: Now, pecially insightful at this time when our Amer- American teams go out to remove them for the first time ever, an American general ican troops are at war in Afghanistan. It is a using mine-sniffing dog teams. The fields are was commanding a Russian unit. ringing endorsement of the dedication of our everywhere, with mines killing or maiming a There are fighting men and women from 30 civilian a day. men and women in uniform, as well as a tes- nations under Blum’s command. I saw Greek tament to the new American diplomacy—one and Turk soldiers patrolling, side-by-side, Blum showed us the site of the Visoko air- that encourages cooperation among nations armed and working together. Germans and field raid, called Operation Dragnet. On Sep- and perseverance in rebuilding communities Frenchmen. Poles and Estonians. Latvians tember 27, elements from the 10th Mountain and restoring peace. and Swedes. Lithuanians and Brits. Irishmen division of urban warfare specialists carried and Austrians. They serve in the Stabiliza- out a search-and-seize mission. Along with Most importantly, though, Mr. Ambrose pays confiscating illegal arms. They arrested six tribute to a group of men and women who are tion Force, SFOR for short. The large curved sign over Eagle Base’s gate proclaims: Algerian associates of Osama bin Laden. often over-looked as defenders of our Nation, ‘‘Home of the Peacekeepers.’’ Blum’s NATO On October 28, in Operation Omaha, Blum’s protectors of freedom and some of America’s command, the Multi-National Division North troops made a ground-air assault on two finest diplomats abroad—our National Guards- (4700 troops) is anchored by the 2672 Ameri- sites, where the found illegal weapons, in- men. Each day our nation’s guardsmen are cans (down from 20,000 in 1995), part of the cluding an underground cache of six surface- performing missions on or above every con- 29th Division. It includes regular, reserve to-air missiles. tinent in the world. They are serving alongside and National Guard units. He also took us to a mass gravesite. ‘‘Same their active-duty counterparts in Operations DEFENDING THE FUTURE thing as 1945,’’ he said, ‘‘just new names.’’ Northern and Southern Watch. They are also The next day we drove to Forward Observa- More than 200,000 people were killed in Bos- playing a vital role in helping, serving, and tion Base Connor, a small outpost of 120 nia. No one knows how many others were in- men, 65 of whom were from the Mississippi jured. There are now more than a million supporting peacekeeping operations, a vital refugees. To escape shelling, women, chil- part of our National Military Strategy. As stat- National Guard. They were young, profes- sional and spoke with charming accents. dren and elderly fled by following the power ed by former Secretary of Defense Cohen, lines from the cities across the roughest ‘‘Today, we cannot undertake sustained oper- They come from a state known for its de- fense of the past. But they are now preparing mountains. This was Europe’s worst fighting ations anywhere in the world without calling on for the future. in 50 years. the Guard.’’ The Guardsmen wore American flag shoul- The 1995 Serb assault on Srebrenica killed And, I am particularly proud that Mr. Am- der patches. They were black, brown, yellow, more than 7000 people. The town was brose chose to acknowledge the citizen-sol- red, pink, white. All religions and ancestors. shelled—including a mortar round that ex- diers from my state, the State of Mississippi. When off duty, they wore baseball caps that ploded on a soccer filed filled with boys. Their work has been tireless, but not thank- proclaim on the front, ‘‘Hard Rock Cafe: That impelled Western powers to take ac- SFOR Bosnia,’’ and on the back, ‘‘Love All. tion, and put the troops there under U.S. less. Today, I would like to thank those command. guardsmen, who continue to represent Mis- Serve All.’’ That is not how things used to be in the Mississippi National Guard, but it is RESTORATION AND LIBERATION sissippi and the United States so well. now. [From the Sun-Herald, Dec. 10, 2001] The Guard is helping rebuild and restore The American presence in war-torn coun- peace while setting an example for Bosnia’s tries and its role in helping rebuild, restore, UNITY CAN RESTORE WAR-TORN COUNTRY Croats, Serbs, and Muslims on how different and democratize them goes back to 1945 and (By Stephen E. Ambrose) people can work, serve, live and survive to- Japan, West Germany, and later South TUZLA, BOSNIA.—My wife, Moira, and I, gether. Korea. Now it is being carried out in Bosnia along with a squad-sized group of veterans of ‘‘That American flag on the troops’ shoul- with a multinational force. America sends the 29th Division who hit Omaha Beach on ders is what the people of Bosnia respect— her best young men not to conquer, not to D–Day, went to Bosnia for Thanksgiving and they don’t mess with them,’’ Blum said. destroy, but to liberate. The American mili- week. As part of the USO-sponsored trip, we ‘‘Our soldiers have been social workers one tary presence had a most remarkable effect spoke with U.S. Army troops, attended brief- minute, combat soldiers the next . . . No in Japan and Germany from 1945 on, and in ings, meals and engagements, and watched other army in the world could do this.’’ South Korea after 1953. former members of the 29th meet the newest What these soldiers and their foreign coun- It wasn’t the Coke or the blue jeans that members of the 29th here. terparts are doing—all of it—is wholly new. left lasting impressions, but rather the un- But mainly we learned. An international force working to keep derstanding of right and wrong, the safe- We learned how soldiers of different races, peace and commanded by an American was a guarding of rights for women and the encour- backgrounds, and countries can set aside dream of Gen. Dwight D. Eisenhower a half agement to create free and prosperous soci- past enmities and work together to rebuild a century ago. Now it is here. eties. region. And while we were reminded that These troops are setting the precedent for The U.S. Army’s role in these countries is American troops served similar functions in much of what lies ahead in modern American one of the great success stories of the 20th the last century, we realized they will serve foreign and military policy. A similar base century. A sequel is happening right now, at those roles in this new century with new in Afghanistan might be built. There will be the beginning of the 21st century, in Bosnia. methods, new aims and new partners from many others. In Bosnia, American troops are And one hope and prays, soon in Afghani- around the globe. protecting Muslim civilians. While not very stan, Iraq and elsewhere. CONGRESSIONAL RECORD — Extensions of Remarks E103 RETIREMENT OF FRANK STEWART HONORING THE 56TH ANNUAL PUB- In 1971, the Rev. Clarke K. Oler, the rector LIC SERVANTS MERIT AWARD of the Church of the Holy Trinity, convinced an RECIPIENTS elderly parishioner to get badly needed med- HON. MARK UDALL ical attention. He took her to a hospital clinic OF COLORADO HON. STEPHANIE TUBBS JONES where she died in the waiting room while wait- IN THE HOUSE OF REPRESENTATIVES OF OHIO ing for her physician. At around the same time, he learned of an elderly neighbor who Wednesday, February 6, 2002 IN THE HOUSE OF REPRESENTATIVES died of starvation. Recognizing that other old Mr. UDALL of Colorado. Mr. Speaker, I rise Wednesday, February 6, 2002 people would benefit from assistance in ac- today to pay tribute to a dedicated public serv- Mrs. JONES of Ohio. Mr. Speaker, in honor cessing available services, Rev. Oler took ini- ant who is retiring after over 30 years of serv- of the 56th Annual Public Servants Merit tiative and established Search and Care. ice to his country and to his community. Frank Award of the Cuyahoga County Bar Founda- Search and Care’s mission is to find and Stewart is stepping down as the director of the tion, I would like to salute the honorees by en- serve the elderly so that they can live safely Department of Energy’s Field Office at the Na- tering them in the CONGRESSIONAL RECORD. and independently in the Yorkville community. tional Renewable Energy Lab in Golden, CO. Each honoree has provided over 20 years of Rev. Oler secured private funds and enlisted Frank has directed this office for the last 7 faithful service to the bench, bar, and public. the help of Suzannah Chandler, formerly a years. During this time he was responsible for These public servants will be honored this member of the staff of the National Council on promoting the development and commer- year with the distinguished Franklin A. Polk Aging, to start the program. Ms. Chandler also cialization of energy, efficiency and renewable Servants Merit Award on February 8, 2002. celebrates her 30th anniversary with the orga- energy technologies by working with industry, Shannon Donahue, Cuyahoga County Do- nization. for administering the management and oper- mestic Relations Court, Administrative As- Search and Care provides a practical re- ations contract for the National Renewable En- sistant to the Personnel Director. Nomi- sponse to the difficulties faced by frail older ergy Lab, and for providing administrative sup- nated by Hon. Timothy M. Flanagan, Admin- people living alone. In the past 30 years the port to DOE’s six Regional Support Offices. istrative Judge. agency has worked with over 5,500 elderly Judith McGinty, U.S. District Court, homebound people. This year the organization Throughout his career Frank has served in Cleveland Clerks Office, Operations Spe- numerous positions in DOE and its prede- cialist. Nominated by Hon. Paul M. Matia, will assist 350 men and women whose median cessor agency, the Federal Energy Adminis- Chief Judge. age is 82, most of whom have no family living tration. Frank served for a time as the Acting Margaret Payne, Cuyahoga County Juve- nearby. Assistant Secretary of the Office of Energy Ef- nile Court, Senior Supervisor, Clerk’s Office. Search and Care is an invaluable resource ficiency and Renewable Energy, and dem- Nominated by Hon. Peter Sikora, Adminis- for the elderly citizens of my community. Its trative Judge. onstrated leadership as well as broad under- dedicated professional staff, interns and volun- Donna Owen, Ohio’s Eighth District Court teers provide crucial help with the myriad standing of renewable energy’s potential. of Appeals, Judicial Secretary. Nominated At home and abroad, Frank has been a by Hon. Diane Karpinski. tasks of daily living including shopping, paying dedicated supporter of renewable technology James Ruddy, Cuyahoga County Clerk of bills, getting to the doctor, housekeeping and and has had a hand in numerous projects that Courts, Acting Department Head, Pending looking after pets. This social service agency expanded the use of renewable energy. When Files-Civil Division. Nominated by Gerald E. also intervenes with skilled care management 30 Federal agencies in Denver wanted to pur- Fuerst, Clerk of Courts. in health, emotional, and financial situations Mercedes Sport, Ohio’s Eighth District that might otherwise mean the end of inde- chase wind power, Frank played an important Court of Appeals, Court Administrator. Nom- role in formulating the deal that allowed them pendent living for these senior citizens. inated by Cuyahoga County Bar Foundation, Over the years, Search and Care has ac- to purchase ten megawatts of the renewably Public Servants Committee. generated power. He also has traveled to sev- Richard Sunyak, Cuyahoga County Court complished this important work through the eral African countries to advise those govern- of Common Pleas, Assistant Director of Op- commitment of some of the finest and most ments on the best use of renewable energy erations. Nominated by Hon. Richard J. dedicated citizens of New York. The work of technologies. He even helped to install a McMonagle, Presiding Judge. these extraordinary people has developed into Ron Tabor, Cleveland Municipal Court, a model community-based care management solar-powered water purification system on Clerk of Courts, Director of Criminal Divi- one of his trips. program that meets the individually complex sion. Nominated by Earle B. Turner, Clerk of and changing needs of the elderly. From this experience, Frank has gained an Cleveland Municipal Court. Mr. Speaker, in recognition of these out- Theresa Talbott, Cuyahoga County Pro- understanding of the importance that renew- standing achievements, I salute Search and able energy can play in our society, enhancing bate Court, Psychiatric Department. Nomi- nated by Hon. John J. Donnelly, Presiding Care and I ask my fellow Members of Con- national security, improving the environment, gress to join me in recognizing the great con- and its potential in helping to rebuild shattered Judge. Barbara Washington, Cleveland Municipal tributions of this tremendously dedicated com- countries. Frank is a strong proponent of using Court, Jury Commissioner. Nominated by munity organization. renewable energy to establish the new infra- Hon. Larry Jones, Presiding & Administra- f structure in Afghanistan. Frank believes that tive Judge. renewable energy would be the most cost ef- RECOGNITION OF PATRICK SMITH f fective means to power Afghanistan since ‘‘it would not require the construction of a mas- IN RECOGNITION OF SEARCH AND HON. BILL SHUSTER sive infrastructure, such as a network of pipe- CARE OF PENNSYLVANIA lines and wires.’’ Frank believes that the tech- IN THE HOUSE OF REPRESENTATIVES nology that has the best chance of success in HON. CAROLYN B. MALONEY Wednesday, February 6, 2002 undeveloped countries is one that is non-pol- OF NEW YORK luting and can create jobs. Renewable energy IN THE HOUSE OF REPRESENTATIVES Mr. SHUSTER. Mr. Speaker, I rise today to can be the power behind the rebuilding of Af- recognize the accomplishment of Patrick ghanistan and many other developing coun- Wednesday, February 6, 2002 Smith, a senior at Tussey Mountain High tries. Mrs. MALONEY of New York. Mr. Speaker, School in Saxton, PA. Patrick won first place Frank Stewart has been a dedicated com- I rise to pay tribute to Search and Care, a in the Voice of Democracy essay contest munity servant for over 40 years. He has pro- grass-roots neighborhood agency that has an sponsored by the Saxton Veterans of Foreign moted education and energy technologies that extraordinarily beneficial effect on homebound Wars Post 4129. The theme of the contest will enhance our children’s world rather than elderly living in my district. Search and Care was ‘‘Reaching Out to America’s Future.’’ Pat- pollute it and delete it of resources. Frank has has been a vibrant part of the community in rick’s essay focused on the ways in which dedicated his career to public service and has which I live and represent. It is a pleasure to America’s youth are taught the values of free- sought a way to leave things better than he pay tribute to this illustrious organization. dom and are encouraged to become active found them. He deserves our thanks for his Search and Care is a not-for-profit social members of their communities. service, his dedication, and his commitment. service agency that serves the homebound el- The Veterans of Foreign Wars’ Voice of De- He stands as an example to citizens across derly in Manhattan’s Yorkville neighborhood. mocracy contest is an excellent way in which the country of how an individual can contribute Founded in January 1972, it is celebrating its young people can express their patriotism. to society. 30th anniversary this year. The Voice of Democracy contest celebrates E104 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2002 the best thing about America: our freedom. As Government Affairs for The Dow Chemical dent and has been involved in the planning of President Bush said in his State of the Union Company. several school events, including a candlelight Address, we all need to donate our time to A woman of incredible talent and energy, vigil to commemorate the victims of the tragic promote democracy all over the world, and Wilma joined Dow in 1975 as an analytical events of September 11th, the freshman ori- this contest is a good way for young people to chemist at company headquarters in Midland, entation and the homecoming dance. get involved. I congratulate the students who Michigan. After holding several positions in Emilia Cerrillo was also responsible for set- participated in this year’s contest, and I en- Dow laboratories, she began her rise through ting critical school policies. As a student rep- courage them to continue to be active citizens the management ranks. Throughout her ca- resentative to the Shared Decision-Making of this great democracy. reer, Wilma has demonstrated both an unpar- Site Council, Emilia worked with administra- f alleled proficiency in the technical know-how tors, faculty, staff, parents and other students that began with her job as a ‘‘bench’’ scientist to ensure that all necessary voices were heard METHAMPHETAMINE and the diplomatic finesse that has been a key while the group formulated school policies. to her success as a senior executive at Dow. Emilia has also had a major role in the Com- HON. GEORGE RADANOVICH Wilma has held key leadership positions pass Success program and served as a men- OF CALIFORNIA with Dow since early in her career, including tor and role model to encourage other minority IN THE HOUSE OF REPRESENTATIVES Vice President of Environmental and Regu- students to stay in honors classes. latory Issues. Her work has been a major Emilia’s success has not been confined to Wednesday, February 6, 2002 force in securing Dow’s reputation as a com- the halls of Menlo-Atherton High School. As a Mr. RADANOVICH. Mr. Speaker, meth- pany on the cutting edge of environmental im- participant in the Amigos de Las Americas amphetamine use continues to be a chronic provements. Moreover, Wilma’s leadership of program in Brazil, she met with health workers problem in the United States and especially in the company’s efforts to address minority and participated in important infrastructure the Central Valley of California. This product, workplace issues earned her the 2000 Dr. building in Brazil. Emilia was also a participant better known as ‘‘Meth,’’ is produced by a very Martin Luther King Jr. Recognition Award for in the Global Visionaries program in Guate- intricate cooking process that uses a number exemplifying Dr. King’s dream to galvanize di- mala where she helped to build a house with of chemicals like red phosphorus, acetone and verse groups of people to achieve a common the Common Hope Project. Emilia’s achievements are just the beginning pseudoephedrine. All of the chemicals that are goal. of what we can expect from this extraordinary used in the cooking process are easily ob- In addition to Wilma’s professional success, talented and dedicated student. As the student tained over-the-counter at almost any store in she has freely given her time and talents to recipient of the Sequoia Award, she has been the United States. While most of the chemi- enhance those less fortunate by doing chari- cals in the cooking process can be substituted awarded a $5,000 scholarship. table work with various community and volun- Mr. Speaker, the second Sequoia Award with similar products, pseudoephedrine is the teer organizations. Her strong work ethic and winner is Mr. Vincent Truscelli. A lifelong resi- one chemical that is required to make Meth. kind heart have certainly benefitted the entire dent of California, Vincent has lived in Red- Over the last couple of years, the federal community and many lives are indeed better wood City for the past 50 years and has been government working in cooperation with nar- for her efforts. Her husband, Jack, and their involved with numerous community organiza- cotics agents and the private sector have five children, also should be commended for tions. He was recently awarded an Honorary tightened the control of pseudoephedrine in their unselfish support of Wilma’s endeavors. Life Membership by the Roosevelt School’s the United States. Today, pseudoephedrine Mr. Speaker, I ask my colleagues to join me Parent Teacher Association for his outstanding can only be purchased in small quantity bot- in congratulating Wilma Delaney for applying volunteer work with the school’s annual car- tles or blister packs. the right elements of hard work, enterprising nival and for his dedication in introducing However, last year, investigators in the Cen- spirit and contagious enthusiasm to her career young students to baseball, basketball and tral Valley found several very large 23,000 pill- and her community. I am confident that track. Vincent was also the one of the first vol- count bottles of pseudoephedrine tablets at Wilma’s legacy will endure at Dow and beyond unteer lunch yard supervisors at Roosevelt, al- Meth labs. Unfortunately, these bottles were for many years and that she will continue to lowing the teachers of the school to have a found with English and French words on the discover even more ways to improve the world real lunch break, while children played after labels. Because of this, as well as statements around her. lunch. from confidential sources, investigators believe f Vincent Truscelli has also been involved in much of the bulk pseudoephedrine comes numerous organizations including the YMCA, PAYING TRIBUTE TO SEQUOIA from French-speaking areas of Canada. And, the St. Pius Church Men’s Club and the Red- AWARD RECIPIENTS it is now known that criminal organizations are wood City Transportation Committee, where using tractor-trailers to haul pseudoephedrine he received the Distinguished Service Award pills from Canada to the United States. HON. TOM LANTOS for his proposal on how to lay out the bus Currently, Canada lacks a comprehensive OF CALIFORNIA routes in Redwood City. legislative framework for addressing the IN THE HOUSE OF REPRESENTATIVES Vincent is best known for producing large- pseudoephedrine trafficking problem. Without Wednesday, February 6, 2002 scale fund raising dinners. He and his wife cooperation from Canadian authorities, the il- have cooked for the Native Daughters of the licit diversion of pseudoephedrine tablets will Mr. LANTOS. Mr. Speaker, every year the Golden West Plaque Program, the Rotary continue unabated and the pills will continue City of Redwood City, California, recognizes Club’s Irish night, Pets in Need, The American to find their way to ready meth-producing mar- three of its citizens for outstanding volunteer Legion, the Sons of Italy, the Redwood City kets in the Central Valley. work in the community with the Sequoia Parks, Recreation and Community Service De- Today I introduced a bill that will specifically Award. This prestigious award is given to one partment, and the Red Morton Fund raising address this problem. This legislation will urge student, one non-student citizen and one busi- project. President Bush to open a dialogue with the ness each year in recognition of their out- Mr. Truscelli has been a member of numer- Canadian Government to discuss the large in- standing service. This year’s award winners ous clubs and organizations that aid the com- flux of pseudoephedrine from Canada. are Emilia Cerrillo, a student at Menlo-Ath- munity including the AARP, the American Le- f erton High School, Vincent Truscelli, a Red- gion, the Kiwanis Club, the Lions Club, the wood City resident for over fifty years, and Chamber of Commerce, the Fun After Fifty TRIBUTE TO WILMA DELANEY Electronic Arts, the world’s largest creator of Club, Sons of Italy, and many more. He was interactive electronic software. also the Chairman of the Veteran’s Memorial HON. JAMES A. BARCIA Mr. Speaker, all of this year’s award winners Senior Center Advisory Board and still serves OF MICHIGAN are extraordinary citizens and are truly deserv- on its board. Vincent was also the Bingo Man- IN THE HOUSE OF REPRESENTATIVES ing of recognition. I would like to share with ager for the Senior Center, which funds the my colleagues a brief review of each Sequoia Senior Center’s nutrition program, computer Wednesday, February 6, 2002 Award winner and highlight their achieve- classes and their exercise program. He also Mr. BARCIA. Mr. Speaker, I rise today to ments. donates his time to assist needy senior citi- honor Wilma Delaney for her exemplary per- Ms. Emilia Cerrillo, a senior at Menlo-Ath- zens with home repairs. Vincent has continu- sonal accomplishments and exceptional pro- erton High School, has been described as a ously given selflessly of himself for many fessional achievements as she prepares to re- ″dynamo.’’ An excellent student and musician, years and is a deserving recipient of the Se- tire as Vice President of Federal and State she also serves as Senior Class Vice-Presi- quoia Award. CONGRESSIONAL RECORD — Extensions of Remarks E105 Mr. Speaker, the final Sequoia Award recipi- We visited a girls school, the Dorkhanai Karzai and the Interim Administration in Kabul ent this year is Electronic Arts, a firm that is High School, that had re-opened one week as well as the Administration’s clarifying to the recognized for its role as a good corporate cit- earlier after being shut down for over five various regions of Afghanistan that federal au- izen. Generous contributions from Electronic years. The concrete building was full of bullet thority rests in Kabul. In addition, it is vital that Arts have helped strengthen communities in holes from the Soviet invasion, one room had the international community ensure that the Redwood City and throughout the Bay Area. no roof, and no rooms had glass in the win- Bonn Agreement is fully implemented and cul- In just this past year, Electronic Arts provided dows. The girls sat on blankets on the con- minated in the Loya Jirga to be held on June grants and charitable donations to Redwood crete or dirt floor as their were no desks or 22, 2002. The Loya Jirga is the traditionally City totaling more than $70,000. Among the chairs. Yet, the students were so motivated to accepted Afghan method of solving problems organizations benefitting from Electronic Arts’ learn they raised the money from the meager and reaching consensus. We must continue generosity were The Day Top Family Associa- earnings of their families to buy thick plastic to our support for the new government, otherwise tion (a residential therapeutic community for cover the window holes and pay for kerosene lack of stability could create the opportunity for drug-addicted teens), Sequoia YMCA, the heat to keep out some of the biting cold in the another pre-September 11 environment of fac- Redwood City Drug Abuse Resistance Edu- schoolrooms. The girls greeted us with big tional fighting, violence and upheaval, and a cation, the Redwood Family House, Sandpiper smiles and chants of ‘‘Welcome, welcome.’’ central power vacuum that would have severe Elementary School and the Heron Court They were delighted to be back in school. implications for our national security. Neighborhood Network in Redwood Shores. Teachers need to be re-hired, 80 percent of 2. Humanitarian Aid must continue. The UN Electronic Arts is also a proud sponsor of the the teachers were women, and the govern- World Food Programme and U.S. and other Sequoia Hospital Foundation donating both ment needs assistance with providing basic NGOs serving the people there are doing a money as well as video and computer games supplies such as paper, pens, chalk and great job. But the need remains high. The UN to the Hospital. books. estimated that they would be feeding 8 million The good works of Electronic Arts are sup- The Allauddin Center Orphanage has 900 people within Afghanistan, not to mention refu- ported by the hardworking employees. Several children in their care—800 boys and 100 girls. gees in neighboring countries, in the next of Electronic Arts’ executives serve on volun- The children, many obviously suffering from three months to help avert an even greater cri- teer boards for the Sequoia YMCA, Commu- malnutrition and trauma from the violence of sis. Food aid is needed, as is medical and nity Gatepath, Mid Peninsula Boys and Girls the war and the loss of their loved ones, gave educational assistance. People to people di- Club, Day Top Family Association and the us huge smiles and recited and sang for us. plomacy can be conducted through Chairman Chamber of Commerce, to name a few. Elec- A delegation of firefighters from New York City Karzai’s office in Kabul. tronic Arts also assists the Special Olympics had visited recently and donated enough food 3. U.S. assistance must be deliberate. Se- by providing coaches, timekeepers, and scor- for the children for the next three months, but curity is the primary need, mentioned in every ers for the various events, and host an annual after that, it will again be a struggle to feed meeting and site visit we had. Unless there is fund raiser. Over 100 employees of the com- these young children. The firefighters also pro- security, no amount of effort will ensure that pany and their families donated their time to vided warm blankets for these children who, in the new government leaders can implement help build a new fence and paint the Redwood the winter due to lack of adequate heating fa- the very necessary changes in the country. House group home in Redwood City. The cilities, sleep three to a bed with three rooms Second, the economy must be developed, pri- charitable acts of Electronic Arts are greatly of children crowding into one room—this way marily through developing the agricultural sec- appreciated throughout the Bay Area. they can all be in rooms in which there are tor of society. Mr. Speaker, these two outstanding individ- heat sources. Prior to the 1997 Soviet invasion, Afghani- uals, and this corporation are recipients of the We also visited a women’s bakery with the stan was self-sufficient and even exported ag- Sequoia Award because of their continued United Nations World Food Program Women’s ricultural products to neighboring countries. selfless efforts in our community. I hope that Bakery Project that has been vital in helping Studies show that before 1979, 80 percent of their actions can be a guide for all of us. I women, particularly widows, support and feed the socieity was in farming. The skills are urge my colleagues to join me in paying in their families. During our visit, we learned that there, but the opportunity needs to be devel- tribute to Emilia Cerrillo, Vincent Truscelli and one woman had been a doctor at the hospital, oped. Unfortunately, the four-year drought in Electronic Arts, recipients of Redwood City’s but she left to work at the bakery so that she the country has drastically affected the output 2002 Sequoia Award. could earn money to actually support her fam- of farms and the ability of animal herders to f ily. keep animals alive. Irrigation systems and There is an almost overwhelming humani- drought assistance need to be constructed AFGHANISTAN TRIP REPORT— tarian crisis that continues today. Food, medi- and provided as soon as possible. In addition, JANUARY 2002 cine and shelter are lacking for much of the development of the agricultural sector with al- country’s population. Yet, there is hope—hope ternative crops is a proactive avenue of fight- HON. JOSEPH R. PITTS that the American people will cement their ing against narcotics production. OF PENNSYLVANIA friendship with the Afghan people by remain- Third, development of the education system IN THE HOUSE OF REPRESENTATIVES ing engaged in their country through various is one of the primary needs. An overwhelming avenues. Government aid to Afghanistan is portion of the population has been affected by Wednesday, February 6, 2002 vital, but people to people diplomacy, sister re- lack of access to education. As reflected in Mr. PITTS. Mr. Speaker, I recently returned lationships between schools and hospitals in our visit to the girls’ school, the people have from a visit to Afghanistan with Congressman the US. partnering with schools and hospitals a desire to pursue an education as they view FRANK WOLF and Congressman TONY HALL. in Afghanistan, will be invaluable in helping to this as the primary avenue for bettering their We were greeted with warm, friendly smiles rebuild the nation and the historic friendship lives. Studies from around the world support wherever we went, from meetings with Interim between our nations. this: the development of educational systems Administration officials to hospitals, schools Our meetings with government officials also changes nations. The Afghan people may lack and orphanages. There is a hope in Afghani- gave us hope. The Chairman of the Interim the basic materials for education, but not the stan that the country will be different and new Administration, H.E. Hamid Karzai, is an im- desire to learn. opportunities and life will emerge out of the pressive, capable, straightforward man who Mr. Speaker, there are tremendous needs in terrible suffering the Afghan people have en- has the capacity to lead his country to estab- Afghanistan, but there also is a tremendous dured. lish a coalition that will last through the historic amount of hope and an expectation that this The visit was a highlight, but it was also so- transitions the nation is experiencing. The time will be different. I look forward to visiting bering. The best children’s hospital in the na- Loya Jirga (Grand Assembly) in June will mark Afghanistan in the future and seeing these tion, the Indira Ghandi Pediatric Hospital, a key transition for the people of Afghanistan hopes and expectations lived out. As Chair- lacked basic medicines to treat the children, and Hamid Karzai appears to be the one who man Hamid Karzai said during our meeting to- two children and their mothers shared each can lead the people through that transition. gether, ‘‘Think of the help as help to our chil- bed, one of three children in the malnutrition In response to our visit, there are several dren. The families will do well if the children ward died each night, there is a lack of basic key points that must be addressed as our na- do well.’’ As we look forward to the hopes and medical equipment, and no hospital employ- tion, government and people remain engaged expectations of a new Afghanistan, I will be ees have been paid for six months. Yet, the with the people of Afghanistan: working with the generous people of Pennsyl- doctors and nurses worked valiantly to save 1. The United States and the international vania and others across this nation to extend the lives of the children in their care. community must continue to support Chairman a hand of friendship, partnership and care E106 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2002 through practical projects that will help build employees and retirees who had invested ings of their loyal employees. This week, I am up the Afghan people. heavily in their employer’s stock. These inves- introducing legislation to promote the diver- f tors lost billions of dollars in pension plans sification of 401(k) plans and help prevent an- that were, on average, comprised mostly of other Enron disaster. My bill will require that MOTION TO GO TO CONFERENCE Enron stock. Some retirees saw all of their companies and 401(k) plan administrators fully ON H.R. 2215, THE 21ST CENTURY million-dollar life savings disappear in a matter and accurately disclose the economic health DEPARTMENT OF JUSTICE AP- of days—forcing them to sell their homes and of 401(k) investments. In addition, it will en- PROPRIATIONS AUTHORIZATION other family assets to support themselves in sure that workers receive information about ACT their later years. their options to diversify their investments. The Enron case has proven to us that what Employees should never be kept in the dark HON. JOHN CONYERS, JR. looks like a good investment—even what about the financial health of their retirement stockbrokers and analysts insist is a ‘‘strong OF MICHIGAN plans or any measures they could be taking to buy’’—can be a disaster in disguise. Current protect their investments. This is about more IN THE HOUSE OF REPRESENTATIVES and former Enron employees had every rea- than getting a return on investments—it is Wednesday, February 6, 2002 son to trust that their investment in their em- about the right to retire financially secure. Mr. CONYERS. Mr. Speaker, I commend ployer’s stock was going to pay off. The com- In the days and months ahead, I will be Chairman SENSENBRENNER for defending this pany reported quarter after quarter of rising fighting to ensure that the retirement security committee’s jurisdiction and for his bipartisan- profits and just a month before the company of working Americans is protected. If we’ve ship. Congress has not authorized the Depart- reported a $638 million quarterly loss, its learned anything from Enron, it is that we can- ment of Justice in more than 20 years, instead chairman was reassuring investors that not afford to entrust our retirement savings to leaving the responsibility to the appropriators Enron’s third quarter report was ‘‘looking the whims of the stock market. We know to decide what DOJ programs should be au- great.’’ Investors had no way of knowing that enough about what went wrong to protect So- thorized and their maximum funding level; this their employer’s stock was about to begin a cial Security from the dangers of privatization rapid decline that would wipe out their life sav- conference will express the views of the au- and reform our pension laws. This is not the ings. thorizing committees about how they should first time companies have closed up and taken It is deceptions like this, and illusive ac- operate. their workers’ pension plans with them. This counting practices that shield a company’s For example, both the House and Senate has happened with other corporations—and true value, that remind us of the dangers of bills recognize the importance of helping vic- much smaller businesses. privatizing Social Security. In the last few tims of violence and preserving congressional We save all of our working lives with the ex- years, there has been a continued push for oversight of prosecutorial activities. They give pectation that we will be able to retire with changes in the Social Security program that the Violence Against Women Office more au- peace and dignity. Enron employees—and would allow people to invest a portion of their tonomy so that it may better serve female vic- many others—have been robbed of this prom- Social Security benefits in the stock market. tims of violence. They also require the Depart- ise. We can’t let that happen again. We need Yet the collapse of promising companies like ment to report to Congress when they wiretap to take a stand for these workers. Enron—whose case proves that getting good computers, agree to settlements, and make investment advice is not always enough—has certain decisions about enforcing Federal stat- illustrated the dangers of this proposal. f utes. These reports will make it easier for Furthermore, not every economic downturn TANF REAUTHORIZATION Congress to see how the laws we enact are comes with warning signs. Events happen, like being interpreted and how they should be the attacks of September 11, that rock sectors changed, it at all. of our economy overnight. Investing in the HON. MAXINE WATERS In the end, I hope this conference is a pre- stock market is always a gamble—and it’s a OF CALIFORNIA cursor to more active congressional involve- gamble that we shouldn’t make with Social IN THE HOUSE OF REPRESENTATIVES ment in the running of the Justice Department. Security. For generations, Social Security has Wednesday, February 6, 2002 f been the foundation of a secure retirement for every American—that’s why it’s called Social Ms. WATERS. Mr. Speaker, as we move to- RETIREMENT SECURITY FOR ALL ward reauthorization of TANF, I join my col- AMERICANS Security. We should not take any actions which will threaten the stability of this founda- leagues as a cosponsor of the TANF Reau- tion. thorization Act of 2001 (H.R. 3113). This bill HON. DAVID E. BONIOR The fall of Enron has also taught us that we recognizes the need to build upon what has OF MICHIGAN do not have adequate laws on the books to worked from the 1996 law in order to further IN THE HOUSE OF REPRESENTATIVES protect the pensions of private employees. reduce poverty in our country. When Congress enacted our pension laws in We live in the land of opportunity, and those Wednesday, February 6, 2002 1974, 401(k) plans did not exist. Today, one- opportunities are founded in education. Higher Mr. BONIOR. Mr. Speaker, in the past sev- third of the workforce has a 401(k) plan. levels of education mean higher earnings. Un- eral weeks, we’ve witnessed how rapidly a Often, these plans include a 50 percent em- fortunately, the current welfare law closes this company can fall from prosperity into bank- ployer match of a worker’s investment, and door on TANF recipients by limiting their ac- ruptcy. Due to deceptive accounting and bad some companies, like Enron, offer this match cess to education. TANF rules not only limit investments, Enron’s road from being the in the form of company stock. But Enron’s access to education, but also fail to reward country’s seventh largest company to declar- workers didn’t know the true financial health of States which develop such innovative pro- ing bankruptcy was one of the fastest in his- their company, and many did not act to diver- grams. Research in my State of California tory. In roughly a year, the value of Enron’s sify their stock portfolios when they had the found that while only 12 percent of recipients stock—once considered a sure thing—plum- chance. It is party because the 401(k) plans of in Los Angeles participate in education and meted from a high of $90 to just pennies. Enron employees were invested heavily in training activities, these participants enjoyed The collapse of Enron has reminded us of Enron stock—and because a change in plan earnings almost 40 percent higher than those one thing we already knew: the stock market administration prohibited employers from sell- of untrained recipients after 5 years. can be volatile and unpredictable. It should ing this stock during crucial days when the Many TANF recipients want to invest in their confirm for us another truth: we shouldn’t put price was falling—that so many workers lost own futures by pursuing higher education that our retirement security solely in the hands of their life savings. will lead to higher paying jobs. This bill en- the market. This is more than unfair—it is unconscion- sures that when people take the initiative to The most tragic part of the Enron story is able. We cannot sit back and do nothing while pursue their education, we will not be a road the loss of retirement savings for thousands of corporate executives run off with the life sav- block to their success. CONGRESSIONAL RECORD — Extensions of Remarks E107 SENATE COMMITTEE MEETINGS Energy and Natural Resources Housing Assistance and Self-Deter- Title IV of Senate Resolution 4, To hold hearings to examine the Presi- mination Act. dent’s proposed budget request for fis- SR–485 agreed to by the Senate on February 4, cal year 2003 for the Department of the Health, Education, Labor, and Pensions 1977, calls for establishment of a sys- Interior, the U. S. Forest Service, and To hold hearings to examine the limits of tem for a computerized schedule of all the Department of Energy. existing laws, focusing on protection meetings and hearings of Senate com- SD–366 against genetic discrimination. mittees, subcommittees, joint commit- 10 a.m. SD–430 tees, and committees of conference. Banking, Housing, and Urban Affairs Judiciary This title requires all such committees To hold oversight hearings to examine Administrative Oversight and the Courts to notify the Office of the Senate Daily accounting and investor protection Subcommittee Digest—designated by the Rules com- issues raised by Enron and other public To hold hearings to examine. mittee—of the time, place, and purpose companies. SD–226 of the meetings, when scheduled, and SD–538 Budget any cancellations or changes in the FEBRUARY 14 To resume hearings to examine the 9:30 a.m. meetings as they occur. President’s proposed budget request for As an additional procedure along Armed Services fiscal year 2003 and revenue proposals. To hold hearings on proposed legislation with the computerization of this infor- SD–608 authorizing funds for fiscal year 2003 mation, the Office of the Senate Daily Health, Education, Labor, and Pensions for the Department of Defense, focus- Digest will prepare this information for To hold hearings to examine early edu- ing on the results of the Nuclear Post printing in the Extensions of Remarks cation issues. Review; to be followed by closed hear- SD–430 section of the CONGRESSIONAL RECORD ings (in Room SH-219). 2:30 p.m. on Monday and Wednesday of each SH–216 Health, Education, Labor, and Pensions week. 10 a.m. To hold hearings to examine the effects Meetings scheduled for Thursday, Veterans’ Affairs of the painkiller Oxycontin, focusing February 7, 2002 may be found in the To hold hearings to examine the Presi- on risks and benefits. Daily Digest of today’s RECORD. dent’s proposed budget request for fis- SD–430 cal year 2003 for veterans’ programs. MEETINGS SCHEDULED Foreign Relations To hold hearings to examine the theft of SR–418 Budget FEBRUARY 8 American intellectual property at home and abroad. To continue hearings to examine the 9:30 a.m. President’s proposed budget request for Governmental Affairs SD–419 3 p.m. fiscal year 2003 and revenue proposals. To hold hearings on the nomination of SD–608 Nancy Dorn, of Texas, to be Deputy Di- Judiciary Immigration Subcommittee 2:30 p.m. rector of the Office of Management and Energy and Natural Resources Budget. To hold hearings to examine issues sur- rounding the U.S Refugee Program. National Parks Subcommittee SD–342 To hold hearings on S. 202 and H.R. 2440, 10:30 a.m. SD–226 to rename Wolf Trap Farm Park for Governmental Affairs the Performing Arts as ‘‘Wolf Trap Na- To hold hearings on the nomination of FEBRUARY 13 tional Park for the Performing Arts’’; John L. Howard, of Illinois, to be 9:30 a.m. S. 1051 and H.R. 1456, to expand the Chairman of the Special Panel on Ap- Agriculture, Nutrition, and Forestry boundary of the Booker T. Washington peals; and the nomination of Dan Greg- To hold hearings on the nominations of National Monument; S. 1061 and H.R. ory Blair, of the District of Columbia, Thomas C. Dorr, of Iowa, to be Under 2238, to authorize the Secretary of the to be Deputy Director of the Office of Secretary of Agriculture for Rural De- Interior to acquire Fern Lake and the Personnel Management. velopment, and Nancy Southard surrounding watershed in the States of SD–342 Bryson, of the District of Columbia, to be General Counsel of the Department Kentucky and Tennessee for addition FEBRUARY 11 of Agriculture; and the nominations of to Cumberland Gap National Historic Park; S. 1649, to amend the Omnibus 10 a.m. Grace Trujillo Daniel, of California, Parks and Public Lands Management Appropriations and Fred L. Dailey, of Ohio, both to be Act of 1996 to increase the authoriza- Treasury and General Government Sub- Members of the Board of Directors of tion of appropriations for the Van- committee the Federal Agricultural Mortgage Cor- To hold hearings to examine restrictions poration, both of the Farm Credit Ad- couver National Historic Reserve and of travel to Cuba. ministration. for the preservation of Vancouver Bar- SD–192 SH–216 racks; S. 1894, to direct the Secretary 1 p.m. 10 a.m. of the Interior to conduct a special re- Environment and Public Works Judiciary source study to determine the national Transportation, Infrastructure, and Nu- To hold hearings to examine the applica- significance of the Miami Circle site in clear Safety Subcommittee tion of federal antitrust laws to Major the State of Florida as well as the suit- To hold hearings to examine the Presi- League Baseball. ability and feasibility of its inclusion dent’s proposed budget request for fis- SD–226 in the National Park System as part of cal year 2003, the Revenue Aligned Budget Biscayne National Park; and H.R. 2234, Budget Authority (RABA) mechanism, To continue hearings to examine the to revise the boundary of the and budget related reauthorization President’s proposed budget request for Tumacacori National Historical Park issues. fiscal year 2003 and revenue proposals. in the State of Arizona. SD–406 SD–608 SD–366 Banking, Housing, and Urban Affairs FEBRUARY 12 To hold hearings to examine the Presi- FEBRUARY 26 9:30 a.m. dent’s proposed budget request for fis- 10 a.m. Governmental Affairs cal year 2003 for the Department of Indian Affairs International Security, Proliferation and Housing and Urban Development. To hold hearings on rulings of the United Federal Services Subcommittee SD–538 States Supreme Court affecting tribal To hold hearings to examine multilateral 10:15 a.m. government powers and authorities. non-proliferation regimes, weapons of Foreign Relations SD–106 mass destruction technologies, and the To hold hearings to examine future ef- Banking, Housing, and Urban Affairs War on Terrorism. forts in the U. S. bilateral and multi- To resume oversight hearings to examine SD–342 lateral response, focusing on halting accounting and investor protection Armed Services the spread of HIV/AIDS. issues, focusing on proposals for change To hold hearings on proposed legislation SD–419 relating to financial reporting by pub- authorizing funds for fiscal year 2003 2 p.m. lic companies, accounting standards, for the Department of Defense and the Indian Affairs and oversight of the accounting profes- Future Years Defense Program. To hold oversight hearings on the imple- sion. SH–216 mentation of the Native American SD–538 E108 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2002 FEBRUARY 27 MARCH 7 amine the legislative presentations of 9:30 a.m. 10 a.m. the Gold Star Wives of America, the Veterans’ Affairs Veterans’ Affairs Fleet Reserve Association, the Air To hold joint hearings with the House To hold joint hearings with the House Force Sergeants Association, and the Committee on Veterans’ Affairs to ex- Committee on Veterans’ Affairs to ex- Retired Enlisted Association. amine the legislative presentations of amine the legislative presentations of 345 Cannon Building the Disabled American Veterans and the Paralyzed Veterans of America, the Veterans of Foreign Wars. Jewish War Veterans, Blinded Veterans MARCH 20 Association, the Non-Commissioned Of- 345 Cannon Building 2 p.m. ficers Association, and the Military 2 p.m. Veterans’ Affairs Order of the Purple Heart. Indian Affairs 345 Cannon Building To hold joint hearings with the House To hold oversight hearings on the man- Indian Affairs Committee on Veterans’ Affairs to ex- agement of Indian Trust Funds. To resume hearings on the President’s amine the legislative presentations of SD–106 proposed budget request for fiscal year American Ex-Prisoners of War, the 2003 for Indian programs. Vietnam Veterans of America, the Re- MARCH 5 SR–485 tired Officers Association, the National 10 a.m. Association of State Directors of Vet- Indian Affairs MARCH 14 erans Affairs, and AMVETS. To hold hearings on the President’s pro- 10 a.m. 345 Cannon Building posed budget request for fiscal year Veterans’ Affairs 2003 for Indian programs. To hold joint hearings with the House SR–485 Committee on Veterans’ Affairs to ex- Wednesday, February 6, 2002 Daily Digest Senate 2698), to provide a waiver of the early withdrawal Chamber Action penalty for distributions from qualified retirement Routine Proceedings, pages S383–S439 plans to individuals called to active duty during the Measures Introduced: One bill was introduced, as national emergency declared by the President on follows: S. 1913. Page S425 September 14, 2001. Page S391 Measures Reported: Smith (NH) Amendment No. 2733 (to the lan- guage proposed to be stricken by Amendment No. Special Report entitled ‘‘History, Jurisdiction, and 2698), to prohibit a State from imposing a discrimi- a Summary of Activities of the Committee on En- natory tax on income earned within such State by ergy and Natural Resources during the 106th Con- nonresidents of such State. Page S391 gress’’. (S. Rept. No. 107–135) Page S425 Smith (NH) Amendment No. 2734 (to the lan- Measures Passed: guage proposed to be stricken by Amendment No. Adoption Tax Credit: Senate passed H.R. 622, to 2698), to provide that tips received for certain serv- provide for temporary unemployment compensation, ices shall not be subject to income or employment after taking action on the following amendments taxes. Page S391 proposed thereto: Pages S391–92 Smith (NH) Amendment No. 2735 (to the lan- Adopted: guage proposed to be stricken by Amendment No. Daschle Amendment No. 2819, in the nature of 2698), to allow a deduction for real property taxes a substitute, to provide for a program of temporary whether or not the taxpayer itemizes other deduc- extended unemployment compensation. tions. Page S391 Pages S393–95 Sessions Amendment No. 2736 (to the language Levin (for Daschle) Amendment No. 2820, to proposed to be stricken by Amendment No. 2698), amend the title of the bill. Page S395 to amend the Internal Revenue Code of 1986 to pro- Withdrawn: vide tax incentives for economic recovery and pro- Daschle/Baucus Amendment No. 2698, in the na- vide for the payment of emergency extended unem- ture of a substitute. Page S391 ployment compensation. Page S391 Reid (for Baucus) Amendment No. 2721 (to Grassley (for McCain) Amendment No. 2700 (to Amendment No. 2698), to provide emergency agri- the language proposed to be stricken by Amendment culture assistance. Page S391 No. 2698), to amend the Internal Revenue Code of Hatch/Bennett Amendment No. 2724 (to the lan- 1986 to provide a special rule for members of the guage proposed to be stricken by Amendment No. uniformed services and Foreign Service in deter- 2698), to amend the Internal Revenue Code of 1986 mining the exclusion of gain from the sale of a prin- to allow the carryback of certain net operating losses cipal residence. Pages S391–92 for 7 years. Page S391 Kyl Amendment No. 2758 (to the language pro- Domenici Amendment No. 2723 (to the language posed to be stricken by Amendment No. 2698), to proposed to be stricken by Amendment No. 2698), remove the sunset on the repeal of the estate tax. to provide for a payroll tax holiday. Page S391 Page S392 Allard/Hatch/Allen Amendment No. 2722 (to the Reid Modified Amendment No. 2764 (to Amend- language proposed to be stricken by Amendment ment No. 2698), to amend the Internal Revenue No. 2698), to amend the Internal Revenue Code of Code of 1986 to provide a refundable credit for rec- 1986 to permanently extend the research credit and reational travel, and to modify the business expense to increase the rates of the alternative incremental limits. Page S392 credit. Page S391 Reid (for Durbin) Amendment No. 2766 (to Smith (NH) Amendment No. 2732 (to the lan- Amendment No. 2698), to provide enhanced unem- guage proposed to be stricken by Amendment No. ployment compensation benefits. Page S392 D59 D60 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2002 Lincoln Amendment No. 2767 (to Amendment Reid (for Kennedy/Frist) Amendment No. 2824, No. 2698), to delay until at lease June 30, 2002, to make certain technical corrections. Page S432 any changes in Medicaid regulations that modify the Community Access to Emergency Defibrillations: Medicaid upper payment limit for non-State Govern- Senate passed S. 1275, to amend the Public Health ment-owned or operated hospitals. Page S392 Service Act to provide grants for public access Thomas Amendment No. 2728 (to the language defibrillation programs and public access proposed to be stricken by Amendment No. 2698), defibrillation demonstration projects, after agreeing to amend the Internal Revenue Code of 1986 to to a committee amendment. Pages S436–37 modify the qualified small issue bond provisions. Page S392 Ronald Reagan Birthday Recognition: Senate Craig Amendment No. 2770 (to the language passed H.J. Res. 82, recognizing the 91st birthday proposed to be stricken by Amendment No. 2698), of Ronald Reagan. Page S437 to amend the Internal Revenue Code of 1986 to ex- Federal Farm Bill: Senate resumed consideration of pand the availability of Archer medical savings ac- S. 1731, to strengthen the safety net for agricultural counts. Page S392 producers, to enhance resource conservation and rural Grassley Amendment No. 2773 (to the language development, to provide for farm credit, agricultural proposed to be stricken by Amendment No. 2698), research, nutrition, and related programs, to ensure to provide tax incentives for economic recovery and consumers abundant food and fiber, taking action on assistance to displaced workers. Page S392 the following amendments proposed thereto: Sessions (for Kyl) Amendment No. 2807 (to Pages S402–25 Amendment No. 2721), to remove the sunset on the Adopted: repeal of the estate tax. Page S392 By 82 yeas to 14 nays (Vote No. 16), Harkin Dorgan Amendment No. 2808 (to Amendment Modified Amendment No. 2604 (to Amendment No. 2764), to preserve the continued viability of the No. 2471), to apply the Packers and Stockyards Act, United States travel industry. Page S392 1921, to livestock production contracts and to pro- During consideration of this measure today, Senate vide parties to the contract the right to discuss the also took the following actions: contract with certain individuals. Pages S417–18 By 56 yeas to 39 nays (Vote No. 13), three-fifths Rejected: of those Senators duly chosen and sworn not having By 44 yeas to 52 nays (Vote No. 15), Wellstone voted in the affirmative, Senate rejected the motion Modified Amendment No. 2602 (to Amendment to close further debate on Daschle/Baucus Amend- No. 2471), to insert in the environmental quality in- ment No. 2698, listed above. Page S392 centives program provisions relating to confined live- By 48 yeas to 47 nays (Vote No. 14), three-fifths stock feeding operations and to a payment limita- of those Senators duly chosen and sworn not having tion. Pages S408–17 voted in the affirmative, Senate rejected the motion Withdrawn: to close further debate on Grassley Amendment No. Burns Modified Amendment No. 2607 (to 2773 (to the language proposed to be stricken by Amendment No. 2471), to establish a per-farm limi- Amendment No. 2698), listed above. Page S392 tation on land enrolled in the conservation reserve Fairness for Foster Care Families: Senate passed program. Pages S402–13 H.R. 586, to amend the Internal Revenue Code of Burns Modified Amendment No. 2608 (to 1986 to provide that the exclusion from gross in- Amendment No. 2471), to direct the Secretary of come for foster care payments shall also apply to Agriculture to establish certain per-acre values for payments by qualified placement agencies, after payments for different categories of land enrolled in agreeing to the following amendment proposed the conservation reserve program. Pages S402–13 thereto: Pages S432–36 Pending: Reid (for Landrieu) Amendment No. 2823, to ac- Daschle (for Harkin) Amendment No. 2471, in celerate the effective date for expansion of adoption the nature of a substitute. Pages S402–23 tax credit and adoption assistance programs. Daschle motion to reconsider the vote (Vote No. Page S432 377–107th Congress, 1st Session) by which the sec- Stroke Treatment and Ongoing Prevention: Sen- ond motion to invoke cloture on Daschle (for Har- ate passed S. 1274, to amend the Public Health kin) Amendment No. 2471 (listed above) was not Service Act to provide programs for the prevention, agreed to. treatment, and rehabilitation of stroke, after agreeing Durbin/Lugar Modified Amendment No. 2821, to to the following amendment proposed thereto: restrict commodity and crop insurance payments to Page S432 land that has a cropping history and to restore food February 6, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D61 stamp benefits to legal immigrants who have lived Statements on Introduced Bills/Resolutions: in the United States for 5 years of more. Page S425 Pages S419–423 Amendments Submitted: Pages S426–31 A unanimous-consent-time agreement was reached providing for further consideration of the bill at 10 Authority for Committees to Meet: Page S431 a.m., on Thursday, February 7, with 5 minutes of Privilege of the Floor: Page S432 closing debate on Durbin/Lugar Modified Amend- Record Votes: Four record votes were taken today. ment No. 2821 (listed above), followed by a vote on (Total—16) Pages S392, S392, S417, S418 or in relation to the amendment. Further, additional votes are expected in relation to certain amendments Adjournment: Senate met at 10:30 a.m., and ad- to be proposed thereto. Page S437 journed at 6:29 p.m., until 10 a.m., on Thursday, February 7, 2002. (For Senate’s program, see the re- Nominations Received: Senate received the fol- marks of the Acting Majority Leader in today’s lowing nominations: Record on pages S437–38). Todd Walther Dillard, of Maryland, to be United States Marshal for the Superior Court of the District of Columbia for the term of four years. (Reappoint- Committee Meetings ment) Warren Douglas Anderson, of South Dakota, to be (Committees not listed did not meet) United States Marshal for the District of South Da- kota for the term of four years. FINANCIAL LITERACY James Loren Kennedy, of Indiana, to be United Committee on Banking, Housing, and Urban Affairs: States Marshal for the Southern District of Indiana Committee concluded hearings to examine the status for the term of four years. of financial literacy and learning for American con- Theophile Alceste Duroncelet, of Louisiana, to be sumers, focusing on Federal, State, public and pri- United States Marshal for the Eastern District of vate efforts to develop a national strategy to promote Louisiana for the term of four years, United States consumer financial education, after receiving testi- Marshal for the Eastern District of Louisiana for the mony from former Representative Susan Molinari, on term of four years. behalf of the Americans for Consumer Education and James Thomas Plousis, of New Jersey, to be Competition; Denise Voigt Crawford, Texas State Se- United States Marshal for the District of New Jersey curities Board, Austin; and Stephen Brobeck, Con- for the term of four years. sumer Federation of America, H. Patrick Swygert, James Joseph Parmley, of New York, to be Howard University, on behalf of the Historically United States Marshal for the Northern District of Black Colleges and Universities, Don M. Blandin, New York for the term of four years. American Savings Education Council, Esther Canja, Charles R. Reavis, of North Carolina, to be American Association of Retired Persons, and Raul United States Marshal for the Eastern District of Yzaguirre, National Council of La Raza, all of Wash- North Carolina for the term of four years. ington, D.C. Timothy Dewayne Welch, of Oklahoma, to be United States Marshal for the Northern District of 2003 BUDGET Oklahoma for the term of four years. Committee on the Budget: Committee continued hear- Michael Robert Regan, of Pennsylvania, to be ings on the President’s proposed budget request for United States Marshal for the Middle District of fiscal year 2003, focusing on security, economic, and Pennsylvania for the term of four years. long-term fiscal challenges, receiving testimony from Jesse Seroyer, Jr., of Alabama, to be United States Jacob J. Lew, former Director, Office of Management Marshal for the Middle District of Alabama for the and Budget; and Robert L. Bixby, The Concord Coa- term of four years. lition, Washington, D.C. Robert H. Roswell, of Florida, to be Under Sec- Hearings continue tomorrow. retary for Health of the Department of Veterans Af- fairs for a term of four years. NATIONAL ENERGY SECURITY 1 Navy nomination in the rank of Judge Advocate Committee on Energy and Natural Resources: Committee General. concluded hearings to examine the effects of certain Routine lists in the Army. Pages S438–39 provisions to repeal the Public Utility Holding Messages From the House: Page S425 Company Act (PUHCA) of 1935, contained in S. 1766, Energy Policy Act (pending on Senate cal- Measures Referred: Page S425 endar), on energy markets and energy consumers, Additional Cosponsors: Pages S425–26 and whether recent events in the Enron bankruptcy D62 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2002 have raised concerns that regulation of energy com- nator for Somalia, Washington, D.C.; and Robert panies may be insufficient, without PUHCA, to pro- MacPherson, CARE, Atlanta, Georgia. tect customers of electric utilities, after receiving tes- timony from Isaac C. Hunt, Jr., Commissioner, U.S. ACCOUNTABILITY/ENRON COLLAPSE Securities and Exchange Commission; Cynthia A. Committee on the Judiciary: Committee concluded Marlette, General Counsel, Federal Energy Regu- hearings to examine accountability issues sur- latory Commission, Department of Energy; Roy rounding the fall of Enron Corporation, focusing on Hemmingway, Oregon Public Utility Commission, fraud, auditor conflicts, vulnerability of institutional Salem, on behalf of the National Association of Reg- investors, and liability limits, after receiving testi- ulatory Utility Commissioners; David L. Sokol, mony from Washington Attorney General Christine MidAmerican Energy Holdings Company, Des O. Gregoire, Olympia; Bruce Raynor, New York, Moines, Iowa; and Scott Hempling, Silver Spring, New York, on behalf of Union of Needletrades, In- Maryland. dustrial and Textile Employees (UNITE), AFL-CIO, and the Amalgamated Bank; Steven M. Schatz, Wil- U.S. TRADE NEGOTIATIONS son, Sonsini, Goodrich, and Rosati Professional Cor- Committee on Finance: Committee held hearings to ex- poration, Palo Alto, California; Nelson Lund, George amine the status of ongoing U.S. trade negotiations, Mason University School of Law, Arlington, Vir- focusing on World Trade Organization negotiations, ginia; and Susan P. Koniak, Boston University trade remedy laws, fast track authority, labor rights, School of Law, Boston, Massachusetts. environmental issues, and trade adjustment assist- ance, receiving testimony from Robert B. Zoellick, WORLD THREAT U.S. Trade Representative; Gary Broyles, National Select Committee on Intelligence: Committee concluded Association of Wheat Growers, Rapelje, Montana, on hearings to examine issues surrounding global behalf of the Wheat Export Trade Education Com- threats and challenges, focusing on the emerging mittee and U.S. Wheat Associates; George Scalise, global security environment, after receiving testi- Semiconductor Industry Association, San Jose, Cali- mony from George J. Tenet, Director of Central In- fornia; Arthur D. Wainwright, Wainwright Indus- telligence; Dale L. Watson, Executive Assistant Di- tries, Saint Peters, Missouri, on behalf of the Na- rector for Counterterrorism and Counterintelligence, tional Association of Manufacturers; and Barb Federal Bureau of Investigation, Department of Jus- Determan, Early, Iowa, on behalf of the National tice; Vice Admiral Thomas R. Wilson, USN, Direc- Pork Producers Council. tor, Defense Intelligence Agency, and Carl W. Ford, Hearings recessed subject to call. Jr., Assistant Secretary of State for Intelligence and Research. U.S. STRATEGIC SECURITY Committee on Foreign Relations: Committee concluded WORLD THREATS hearings to examine a new strategic framework, fo- Select Committee on Intelligence: Committee concluded cusing on implications for U.S. security, after receiv- closed hearings to examine issues surrounding world ing testimony from William J. Perry, Stanford Uni- threats to American national security, after receiving versity Hoover Institution, Stanford, California, testimony from officials of the intelligence commu- former Secretary of Defense; and Caspar W. Wein- nity. berger, Washington, D.C., former Secretary of De- WOMEN AND LONG-TERM CARE fense. Special Committee on Aging: Committee concluded U.S. POLICY OPTIONS IN SOMALIA joint hearings with the Committee on Health, Edu- Committee on Foreign Relations: Subcommittee on Afri- cation, Labor, and Pensions’ Subcommittee on Aging can Affairs concluded hearings to examine U.S. pol- to examine issues related to women and aging, focus- icy options in Somalia, focusing on the promotion of ing on long-term care and the predominant role of stability, sustainable development, and expanded women as America’s caregivers, after receiving testi- economic opportunity, after receiving testimony mony from Senators Murray, Collins, Lincoln, from Walter H. Kansteiner, Assistant Secretary of Stabenow, Clinton, and Carnahan; Laurie Young, State for African Affairs; Ken Menkhaus, Davidson Older Women’s League, Washington, D.C.; and Gail College, Davidson, North Carolina; David H. Shinn, Gibson Hunt, National Alliance for Caregiving, Be- former Ambassador to Ethiopia and Special Coordi- thesda, Maryland. February 6, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D63 House of Representatives 21st Century Department of Justice Appropria- Chamber Action tions Authorization—Go To Conference: The Measures Introduced: 4 public bills, H.R. House disagreed to the Senate amendment to H.R. 3687–3691; and 3 resolutions, H. Con. Res. 2215, and agreed to a conference. Appointed as con- 315–317, were introduced. Page H201 ferees: From the Committee on the Judiciary: Chair- Reports Filed: No reports were filed today. man Sensenbrenner and Representatives Hyde, Gekas, Coble, Smith of Texas, Gallegly, Conyers, Consideration of Suspensions on Wednesday, Frank, Scott, and Baldwin, provided that Representa- February 6: The House agreed to H. Res. 342, pro- tive Berman is appointed in lieu of Representative viding that motions to suspend the rules on the fol- Baldwin for consideration of section 312 of the Sen- lowing measures will be in order at any time on the ate amendment and modifications committed to con- legislative day of Wednesday, February 6, 2002: H. ference. From the Committee on Energy and Com- Con. Res. 312, sense of the House that the tax relief merce for consideration of sections 2203–6, 2210, provided for by the Economic Growth and Tax Re- 2801, 2901–2911, 2951, 4005, and title VIII of the lief Reconciliation Act of 2001 should continue as Senate amendment and modifications committed to scheduled; H.J. Res. 82, recognizing the 91st birth- conference: Chairman Tauzin and Representatives day of Ronald Reagan; and H. Res. 340, recognizing Bilirakis and Dingell. From the Committee on Edu- and honoring Jack Shea, Olympic gold medalist in cation and the Workforce, for consideration of sec- speed skating. Earlier agreed to order the previous tions 2207, 2301, 2302, 2311, 2321–4, and 2331–4 question by a yea-and-nay vote of 212 yeas to 204 of the Senate amendment and modifications com- nays, Roll No. 8. Pages H146–54 mitted to conference: Representatives Hoekstra, Cas- tle, and George Miller of California. Page H172 Suspensions: The House agreed to suspend the rules and pass the following measures: Pat King Post Office, Long Branch, New Jersey: The House passed S. 1026, to designate the United Technical Correction to Protect Olympic Trade- States Post Office located at 60 Third Avenue in marks: S. 1888, to amend title 18 of the United Long Branch, New Jersey, as the ‘‘Pat King Post Of- States Code to correct a technical error in the codi- fice Building’’—clearing the measure for the Presi- fication of title 36 of the United States Code. The dent. Pages H173–74 motion was debated on Tuesday, Feb. 5 (agreed to by a 2/3 yea-and-nay vote of 413 yeas with none Recess: The House recessed at 2:59 p.m. and recon- voting ‘‘nay,’’ Roll No. 9)—clearing the measure for vened at 5:55 p.m. Page H174 the President. Pages H154–55 Senate Messages: Messages received from the Senate today appear on pages H174. 91st Birthday of Ronald Reagan: H.J. Res. 82, recognizing the 91st birthday of Ronald Reagan Quorum Calls—Votes: Four yea-and-nay votes de- (agreed to by a 2/3 yea-and-nay vote of 408 yeas veloped during the proceedings of the House today with none voting ‘‘nay’’ and 4 voting ‘‘present,’’ Roll and appear on pages H154, H154–55, H164–65, No. 11); and Pages H165–73 H172–73. There were no quorum calls. Honoring Jack Shea, Olympic Gold Medalist in Adjournment: The House met at 10 a.m. and ad- Speed Skating: H. Res. 340, recognizing and hon- journed at 7:59 p.m. oring Jack Shea, Olympic gold medalist in speed skating, for his many contributions to the Nation Committee Meetings and to his community throughout his life. MILITARY CONSTRUCTION Pages H170–72 APPROPRIATIONS Suspension Failed—Tax Relief: The House failed Committee on Appropriations: Subcommittee on Mili- to suspend the rules and agree to H. Con. Res. 312, tary Construction held a hearing on Quality of Life expressing the sense of the House of Representatives in the Military. Testimony was heard from the fol- that the tax relief provided for by the Economic lowing officials of the Department of Defense: Sgt. Growth and Tax Relief Reconciliation Act of 2001 Maj. Jack L. Tilley, USA; Sgt. Maj. Alford L. passed by a bipartisan majority in Congress should McMichael, USMC; Master Chief Petty Officer continue as scheduled by a 2/3 yea-and-nay vote of James L. Herdt, USN; and Chief Master Sgt. Fred- 235 yeas to 181 nays, Roll No. 10. Pages H155–65 erick J. Finch, USAF; and public witnesses. D64 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2002 TRANSPORTATION APPROPRIATIONS Justice Department Documents.’’ Testimony was Committee on Appropriations: Subcommittee on Trans- heard from Senator Grassley; Daniel J. Bryant, As- portation held a hearing on the Transportation Secu- sistant Attorney General, Office of Legislative Af- rity Administration. Testimony was heard from John fairs, Department of Justice; Morton Rosenberg, Spe- Magaw, Under Secretary, Security, Transportation cialist in American Public Law, Congressional Re- Security Administration, Department of Transpor- search Service, Library of Congress; Charles Tiefer, tation. former Solicitor and Deputy General Counsel, House of Representatives; and a public witnesss. NATIONAL DEFENSE AUTHORIZATION BUDGET REQUEST ADMINISTRATION’S INTERNATIONAL AFFAIRS BUDGET REQUEST Committee on Armed Services: Held a hearing on the fiscal year 2003 National Defense Authorization Committee on International Relations: Held a hearing on budget request. Testimony was heard from the fol- the Administration’s International Affairs Budget lowing officials of the Department of Defense: Don- Request for Fiscal Year 2003. Testimony was heard ald H. Rumsfeld, Secretary; and Gen. Richard B. from Colin L. Powell, Secretary of State. Meyers, USAF, Chairman, Joint Chiefs of Staff. CLASS ACTION FAIRNESS ACT TREASURY DEPARTMENT BUDGET Committee on the Judiciary: Held a hearing on H.R. PRIORITIES 2341, Class Action Fairness Act of 2001. Testimony Committee on the Budget: Held a hearing on the De- was heard from public witnesses. partment of the Treasury Budget Priorities Fiscal EXECUTIVE OFFICE FOR IMMIGRATION Year 2003. Testimony was heard from Paul H. REVIEW OPERATIONS O’Neill, Secretary of the Treasury. Committee on the Judiciary: Subcommittee on Immi- ENRON COLLAPSE—WORKER RETIREMENT gration and Claims held an oversight hearing on SECURITY IMPLICATIONS ‘‘The Operations of the Executive Office for Immi- gration Review (EOIR).’’ Testimony was heard from Committee on Education and the Workforce: Held a hear- Kevin Rooney, Director, Executive Office for Immi- ing on ‘‘The Enron Collapse and Its Implications for gration Review, Department of Justice; and public Worker Retirement Security.’’ Testimony was heard witnesses. from Elaine L. Chao, Secretary of Labor. Hearings continue tomorrow. OVERSIGHT—INDIAN TRUST FUND ACCOUNTS SUBPOENAS—ENRON FINANCIAL COLLAPSE; ENRON RELATIONSHIP WITH Committee on Resources: Held an oversight hearing on ANDERSEN LLP Indian Trust Fund Accounts: the Department of the Interior’s Restructuring Proposal and the Impacts of Committee on Energy and Commerce: Approved a resolu- the Court Order Closing Access to the Department’s tion authorizing the issuance of subpoenas in connec- Computer System. Testimony was heard from Gale tion with matters involving, relating to or arising Norton, Secretary of the Interior; and public wit- from the Committee’s investigation of Enron Corp., nesses. Andersen LLP, and related entities. The Committee also held a hearing on develop- HEALTH CARE—SMALL BUSINESS ACCESS ments relating to Enron Corp., including its rela- Committee on Small Business: Held a hearing on Small tionship with Andersen LLP. Testimony was heard Business Access to Health Care, focusing on H.R. from public witnesses. 1774, Small Business Health Fairness Act of 2001. ARGENTINA’S ECONOMIC MELTDOWN Testimony was heard from Representative Fletcher; and public witnesses. Committee on Financial Services: Subcommittee on International Monetary Policy and Trade held a hear- COMMITTEE BUSINESS ing entitled ‘‘Argentina’s Economic Meltdown— Committee on Transportation and Infrastructure: Met to Causes and Remedies.’’ Testimony was heard from consider pending Committee business. John Taylor, Under Secretary, International Affairs, ADMINISTRATION’S BUDGET PROPOSALS Department of the Treasury. Committee on Ways and Means: Continued hearings on DELIBERATIVE JUSTICE DEPARTMENT the Administration’s fiscal year 2003 Budget Pro- DOCUMENTS—CONGRESSIONAL ACCESS posals. Testimony was heard from Tommy G. Committee on Government Reform: Held a hearing on Thompson, Secretary of Health and Human Services; ‘‘The History of Congressional Access to Deliberative and Mitchell E. Daniels, Jr., Director, OMB. February 6, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D65 WARFARE SUPPORT EFFORT States Circuit Judge for the Fifth Circuit, 2 p.m., Permanent Select Committee on Intelligence: Sub- SD–226. committee on Human Intelligence, Analysis and House Counterintelligence met in executive session to hold a hearing on Warfare Support Effort. Testimony was Committee on Education and the Workforce, to continue heard from departmental witnesses. hearings on ‘‘The Enron Collapse and Its Implications for Worker Retirement Security,’’ 10 a.m., 2175 Rayburn. f Committee on Energy and Commerce, Subcommittee on COMMITTEE MEETINGS FOR THURSDAY, Oversight and Investigations, to continue hearings on the FEBRUARY 7, 2002 Financial Collapse of Enron Corp., 10 a.m., 2322 Ray- burn. (Committee meetings are open unless otherwise indicated) Committee on Government Reform, Subcommittee on En- Senate ergy Policy, Natural Resources and Regulatory Affairs, hearing on ‘‘Problems with the Bureau of Indian Affairs’ Committee on Appropriations: Subcommittee on Transpor- Tribal Recognition Process,’’ 10 a.m., 2154 Rayburn. tation, to hold hearings on proposed budget estimates for Subcommittee on National Security, Veterans Affairs, fiscal year 2003 for the Department of Transportation, 10 and International Relations, hearing on ‘‘The Standard a.m., SD–124. Procurement System (SPS): Can the DOD Procurement Committee on Armed Services: to hold hearings to examine Process be Standardized?’’ 9:30 a.m., 2247 Rayburn. the conduct of Operation Enduring Freedom; to be fol- Committee on the Judiciary, Subcommittee on the Con- lowed by closed hearings (in Room SH–219), 9:30 a.m., stitution, to mark up H.R. 476, Child Custody Protec- SH–216. tion Act, 10 a.m., 2237 Rayburn. Committee on Banking, Housing, and Urban Affairs: to Committee on Resources, Subcommittee on Fisheries Con- hold hearings to examine the analysis of the failure of Su- perior Bank, FSB, Hinsdale, Illinois, 10 a.m., SD–538. servation, Wildlife and Oceans, to mark up H.R. 3577, Committee on the Budget: to hold hearings to examine the Coastal Resources Conservation Act of 2001, 2 p.m., President’s proposed budget request for fiscal year 2003 1334 Longworth. and revenue proposals, 10 a.m., SD–608. Subcommittee on National Parks, Recreation and Pub- Committee on Foreign Relations: to hold hearings to exam- lic Lands, hearing on the following bills: H. Res. 261, ine the future of the War on Terrorism, 10:15 a.m., recognizing the historical significance of the Aquia sand- SD–419. stone quarries of Government Island in Stafford County, Committee on Governmental Affairs: to hold hearings on Virginia, for their contributions to the construction of the S. 1867, to establish the National Commission on Ter- Capital of the United States; H.R. 2628, Muscle Shoals rorist Attacks Upon the United States, 10:30 a.m., National Heritage Area Study Act of 2001; and H.R. SD–342. 2643, Fort Clatsop National Memorial Expansion Act of Committee on Health, Education, Labor, and Pensions: to 2001, 10 a.m., 1334 Longworth. hold hearings to examine the fall of the Enron Corpora- Committee on Science, hearing on the Future of DOE’s tion, focusing on protecting pensions of working Ameri- Automotive Research Programs, 10 a.m., 2318 Rayburn. cans, 10 a.m., SD–106. Committee on Small Business, Subcommittee on Rural En- Committee on Indian Affairs: to hold oversight hearings terprises, Agriculture and Technology, hearing on Small on legislative proposals relating to the statute of limita- Business Access to Technology, 10 a.m., 2360 Rayburn. tions on claims against the United States related to the Committee on Transportation and Infrastructure, Sub- management of Indian tribal trust fund accounts, 10 committee on Highways and Transit, oversight hearing a.m., SR–485. on Building on Success: Administration Perspectives on Committee on the Judiciary: business meeting to consider Current Issues Affecting Reauthorization of TEA 21, 10 S. 1174, to provide for safe incarceration of juvenile of- a.m., 2167 Rayburn. fenders; and pending nominations, 10 a.m., SD–226. Committee on Ways and Means, hearing on the Adminis- Full Committee, to hold hearings on the nomination tration’s Trade Agenda for 2002, 10 a.m., 1100 Long- of Charles W. Pickering, Sr., of Mississippi, to be United worth. D66 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, February 7 10 a.m., Thursday, February 7

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 3394, ation of S. 1731, Federal Farm Bill, with 5 minutes of Cyber Security Research and Development Act (open rule, closing debate on Durbin/Lugar Modified Amendment one hour of debate). No. 2821, followed by a vote on or in relation to the amendment. Also, additional votes are expected in rela- tion to certain amendments to be proposed thereto.

Extensions of Remarks, as inserted in this issue

HOUSE Langevin, James R., R.I., E95 Regula, Ralph, Ohio, E96 Lantos, Tom, Calif., E101, E104 Shuster, Bill, Pa., E103 Barcia, James A., Mich., E104 McCollum, Betty, Minn., E101 Solis, Hilda L., Calif., E95, E100 Blumenauer, Earl, Ore., E101 Maloney, Carolyn B., N.Y., E95, E99, E103 Taylor, Gene, Miss., E102 Bonior, David E., Mich., E106 Meehan, Martin T., Mass., E97 Udall, Mark, Colo., E103 Camp, Dave, Mich., E96 Ortiz, Solomon P., Tex., E100 Wamp, Zach, Tenn., E96 Conyers, John, Jr., Mich., E106 Pascrell, Bill, Jr., N.J., E100 Waters, Maxine, Calif., E106 Davis, Jim, Fla., E96, E100 Pitts, Joseph R., Pa., E105 Wilson, Heather, N.M., E97 Jones, Stephanie Tubbs, Ohio, E103 Radanovich, George, Calif., E104

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