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, FRIDAY, MAY 17, 2002 No. 64 House of Representatives The House was not in session today. Its next meeting will be held on Monday, May 20, 2002, at 12:30 p.m. Senate FRIDAY, MAY 17, 2002
The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE SCHEDULE called to order by the Honorable The Honorable DEBBIE STABENOW led Mr. REID. Madam President, I ask Debbie Stabenow, a Senator from the the Pledge of Allegiance, as follows: unanimous consent that morning busi- State of Michigan. I pledge allegiance to the Flag of the ness be extended until 5 after the hour United States of America, and to the Repub- PRAYER and that Senator COLLINS be recognized lic for which it stands, one nation under God, for 15 minutes and Senator SANTORUM The guest Chaplain, Father Paul indivisible, with liberty and justice for all. be recognized for 10 minutes. Senator Lavin, of St. Joseph’s on Capitol Hill, f STABENOW asked to speak for 15 min- offered the following prayer: utes. That will take us until 10 after. In the book of Tobit we read: APPOINTMENT OF ACTING Thank God! Give him the praise and the PRESIDENT PRO TEMPORE I hope Senators will complete their glory. Before all living, acknowledge the The PRESIDING OFFICER. The debate on H.R. 3167 in 20 minutes be- many good things he has done for you, by clerk will please read a communication cause the vote is still going to occur at blessing and extolling his name in song. to the Senate from the President pro 10:30. I ask unanimous consent that be the Before all men, honor and proclaim God’s tempore (Mr. BYRD). deeds, and do not be slack in praising The legislative clerk read the fol- case as far as those speaking in morn- him. A king’s secret it is prudent to keep, lowing letter: ing business. The ACTING PRESIDENT pro tem- but the works of God are to be declared U.S. SENATE, pore. Without objection, it is so or- and made known. Praise them with due PRESIDENT PRO TEMPORE, honor. Do good, and evil will not find its Washington, DC, May 17, 2002. dered. way to you. Prayer and fasting are good, To the Senate: The Senator from Maine is recog- but better than either is almsgiving ac- Under the provisions of rule I, paragraph 3, nized. of the Standing Rules of the Senate, I hereby companied by righteousness. A little with Ms. COLLINS. I thank the Chair. appoint the Honorable DEBBIE STABENOW, a righteousness is better than abundance (The remarks of Ms. COLLINS per- Senator from the State of Michigan, to per- taining to the introduction of S. 2531 with wickedness. form the duties of the Chair. are located in today’s RECORD under Let us pray: ROBERT C. BYRD, Almighty God, we give You thanks President pro tempore. ‘‘Statements on Introduced Bills and for the many and varied ways You have Ms. STABENOW thereupon assumed Joint Resolutions.’’) blessed the men and women who serve the chair as Acting President pro tem- The PRESIDING OFFICER (Ms. in the Senate. We ask now, Lord, that pore. CANTWELL). The Senator from Pennsyl- they may do Your will in all things and vania. f so remain close to You. Lord, Your Mr. SANTORUM. Madam President, I presence is found where unity and love RESERVATION OF LEADER TIME thank the Senator from Maine for her prevail; grant that they may strive to The ACTING PRESIDENT pro tem- excellent comments and for her intro- work together in harmony and peace. pore. Under the previous order, the duction of that legislation. We acknowledge that God is the leadership time is reserved. f strength and protector of His people; f grant Lord to the Members of the Sen- OUR STEELWORKERS ate the strength and courage they need RECOGNITION OF THE ACTING Mr. SANTORUM. Madam President, I to serve the people of the United MAJORITY LEADER stand in this Chamber as a strong sup- States. The ACTING PRESIDENT pro tem- porter of the steel industry. In fact, I Grant this through Christ our Lord. pore. The Senator from Nevada is rec- would match my record of support for Amen. ognized. the steel industry, for steelworkers,
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
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VerDate May 14 2002 01:38 May 18, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.000 pfrm15 PsN: S17PT1 S4512 CONGRESSIONAL RECORD — SENATE May 17, 2002 and for steel retirees, with any person out again. In most causes, they were have a more stable industry to take in this Chamber or in the other Cham- going to liquidate. That means, when care of retirees for the long term and ber. they liquidate, retirees lose their provide better quality jobs for the long We have had a long history in west- health care benefits, they lose their term. ern Pennsylvania—from my days in the pension benefits. We lose jobs, too, be- We offered a piece of legislation that House and prior to that—in the steel cause they liquidate. They sell off as- did that. Let me be very clear. The industry. We have dealt with crises, sets. Some are reused; some are not. steelworkers unions walked away. one after another, in this industry. The The ones that are reused, they have They walked away. Why? Because it most recent crisis has perhaps been the new contracts. was on a bill they were not in favor of. most crippling, costing lots of compa- The jobs were not as ‘‘lucrative’’ as It was on a bill, ANWR, that they were nies going into bankruptcies, costing they are today. This is why it was the not in favor of and that the majority lots of steel jobs, and, tragically, lots No. 1 priority, because it helped retir- leader was not in favor of, and many of steel retirees losing their health ees; it helped workers, and it helped others from the other side. They care benefits. companies stay alive and pay benefits walked away. Why? Politics. They In the last session of Congress, I and have good-paying jobs. I worked walked away from a comprehensive re- worked with Senator ROCKEFELLER to and worked and worked, and we got 201 structuring of legacy costs. Why? Poli- follow through with the U.S. steel- relief that everyone in the steel indus- tics. workers’ No. 1 priority, which is to try try feels very good about. It helped re- Of the people who are offering this to get a quota bill passed in the Sen- tirees. There are retirees receiving ben- amendment on which cloture will be ate. I worked very hard on my side of efits today who would not be receiving voted on Tuesday, of the seven spon- the aisle, and we got a majority of our them if the President had not enacted sors of that amendment, six voted Members to vote for a quota on steel the remedies he did under section 201. against a comprehensive legacy cost imports. That is a fact. There are companies in restructuring; six of the seven voted no The other side of the aisle was not so business today that would not be in on a much more comprehensive benefit generous. In fact, my recollection is, if business today if that had not hap- that would have incentivized restruc- we had gotten just half the Democrats, pened. There are companies that did turing of the steel industry. we would have been able to pass that, not file bankruptcy. What are we offering today? We are but we did not. So we failed in the No. Every steel company in America, offering a very narrow 1-year benefit 1 request from the United Steelworkers maybe with the exception of a major that will not only do nothing to en- Union. steel company, maybe with the excep- courage restructuring but, from the in- Last year, at the beginning of this tion of Nucor, had said they were going dustry representatives I have talked session, management and labor got to- to file bankruptcy if 201 remedies were to, will in fact do the opposite. It will gether, retirees got together, and they not sufficient. To my knowledge, there discourage restructuring because of the came up with their No. 1 priority for have been no bankruptcies since 201. way it is so limited in its application. this Congress. It was to file a section The fact is, we have done more for the It picks winners and losers. 201 action, to try to find comprehensive steel industry, I have worked to do Yes, we will provide retirement bene- relief for the steel industry. more for the steel industry, than any- fits to retirees of companies that have So like I did the session before, I body else. took on that challenge. I think I am There was a second component about gone bankrupt and stopped paying re- very safe in saying I was the first Mem- which the steelworkers and retirees tiree benefits for health care. We will ber of Congress—certainly the first and companies were concerned. That do that for 1 year. But the consequence Member of the Senate—to personally was legacy costs. What was the issue of it is, we will not get the restruc- ask the President of the United States with legacy? Legacy was important be- turing we need. to file that action. I did so. cause we wanted to help retirees have I am opposed to this amendment, not I think in his first month in office he security. But the most important part because I am opposed to the Senate was in Beaver County, PA. I talked of the legacy cost, picking up the cost, doing something to pick up restruc- with him at length about the impor- was to encourage the steel industry to turing costs for the industry, not be- tance of this industry to Pennsylvania, consolidate, to become more efficient, cause I am opposed to having some- to the country, the importance to our to restructure. Why? So they would be thing done in the Senate to help pick steelworkers’ and to retirees. stronger entities that would be able to up retiree health care costs. This is the I continually worked with the Presi- carry those retiree costs in the future wrong step. It is politics. It is raw, bla- dent, the Secretary of Commerce, our and carry those companies in the fu- tant politics. What is this amendment Trade Representative, other Secre- ture. attached to? It is attached to the bill taries who were involved—Secretary of What we were going to do was to help to which virtually every one of the Treasury—and pushed for the President the consolidation by picking up some sponsors of the legislation is opposed. to file the section 201 case. retiree costs of some companies to en- You have heard from many on my side After several months of exhorting courage these companies to consolidate of the aisle and a few on the other who them to do so, publicly and privately, with stronger entities. have said if this amendment is in- the President followed through. He fol- A few months ago during the energy cluded, they will vote against the trade lowed through and he filed the case. I debate, I worked with Senator STEVENS bill. They will sink this bill. testified, not once but twice, before the and others to try to craft a bill that So what are we doing? We are playing ITC in support of the section 201 case. would do just that. It would be a sub- a cruel hoax. It is a hoax. We are play- When the decision came down, I stantial benefit to enough retirees to ing a hoax on retirees. We are playing again went back and worked with the encourage the steel industry to con- a hoax on steelworkers. We are playing administration on making sure there solidate and become more efficient, be- a hoax on the steel industry. The hoax were adequate remedies. We met on a come stronger in competition with for- is that this is somehow going to help continual basis, daily basis toward the eign competitors. retirees. In the long term it will not. It end, to make sure that there were ade- We had an amendment to the ANWR will not lead to the restructuring of quate remedies. Why? Because the drilling bill. Why was it an amendment the steel industry. What this will do is steelworkers, the retirees, and the to the ANWR bill? Because ANWR pro- help sink the trade bill, which I know companies understood the most impor- duced billions upon billions of dollars many who are supporting this amend- tant thing we could do is stop the hem- in revenue to the Federal Government ment would love to see. But that is a orrhaging, stop the bankruptcies of that we could use to help pay for re- hoax. To stand up and say you are for steel companies, because these compa- tiree benefits. We could fully fund a retirees when you are introducing a nies that were going into bankruptcy program that would incentivize re- piece of legislation that is going to be now, under the current climate of structuring. The whole purpose of counter to restructuring, which is the steel, were not going to go into bank- doing the retiree benefit was to best thing we can do for retirees, is a ruptcy to reorganize and come back incentivize restructuring so we could hoax.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.004 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4513 Yes, I am opposed to this legislation. would go down. Prices would go down them to extend the Medicaid dis- It doesn’t solve the problem. It is poli- immediately. Even as we know any count—the price that is paid for Med- tics in its rawest, in its most crass kind of comprehensive Medicare pre- icaid—to those who are not Medicaid form. You are preying on retirees who scription drug benefit will take time to recipients but need help, who don’t desperately need health care. You are phase in, there are things we can do have prescription drug coverage. So we playing politics with their health. It is now. have introduced the Rx Flexibility for wrong. It is not the right course. The American people, who subsidize States Act. We are calling it the Rx We had a chance to do the right thing the research, who underwrite the cost Flex Program. It will simply say that for the industry, for workers, and for for tax credits and deductions for the what is being done in States, what is retirees, and because of politics, under development of these drugs, deserve to innovative, in our attempts to reach ANWR, the answer was no. Now we see something happen now. out and use the purchasing power of play politics again, and we play with First is to make sure the generic the States under Medicaid to provide people’s lives. The answer should be no. laws work. I commend my colleagues, additional price reductions to those I thank the Chair. Senators SCHUMER and MCCAIN, for who don’t have insurance, who are not The PRESIDING OFFICER. The Sen- their continuing efforts. We have a bill on Medicaid—that those are legal. ator from Michigan. that will close loopholes, that will stop We have heard colleagues on both Ms. STABENOW. Madam President, the ability of the drug companies to be sides of the aisle, both sides of this as one of the Senators representing the able to manipulate the law so that great Capitol Building, talk about the steelworkers in the upper peninsula lower priced generics are precluded States as being the place for flexi- and throughout Michigan, I wish to in- from the market. We know if that were bility, creativity, and new ideas. Well, dicate, contrary to my colleague who to pass, we could see a tremendous this legislation says we are going to re- just spoke, that I can’t think of a more drop in prices. We know if we opened move the legal hurdles that are pre- appropriate place to talk about helping the border to Canada so that we could venting States from providing lower steel retirees who have lost their in fact see not only individuals but priced prescription drugs to all of their health insurance, those who have lost businesses and hospitals and phar- citizens. and will lose their jobs because of un- macies developing business relation- Right now, we have States that are fair competition, unfair steel dumping, ships across the border to bring back spending millions of dollars fighting unfair trade practices, than to debate American-made, safe, FDA-approved suits from the drug companies because it and attempt to fix it on a trade bill. drugs, we could drop prices almost in the companies fight everything that is I hope my colleagues will support half. attempted that would lower prices for standing up for our steel retirees on I find it ironic, as we are in the mid- our citizens. the trade bill. dle of a discussion on a trade bill, that This legislation specifically would in- f the only things you cannot take back dicate that those States that are using and forth across the border from the the clout of Medicaid purchasing power PRESCRIPTION DRUG PRICES great State of Michigan into Canada to expand to allow that same price to Ms. STABENOW. Madam President, I are American-made prescription drugs. be given to those without prescription rise to speak about one of the most im- So we need to open the border. I wel- drug coverage, who are in need of pre- portant issues affecting our families, come colleagues joining us to do that. scription drug help in their States, seniors, the business community, every We could drop prices tomorrow 40 to 50 would be able to do that. Right now, part of our economy. That is the explo- percent if we did that. the lawsuits have been filed. We know sion in the cost of prescription drugs. Thirdly, we know that since the FDA that while Maine’s program has been Prices are skyrocketing, and too many changed their rules on advertising, di- upheld in court, Vermont’s program of our seniors who use the majority of rect consumer advertising, starting was not, and both States are embroiled prescriptions—our seniors on average back in the mid-1990s, there has been in very lengthy appeals processes. are using 18 different prescriptions in a an explosion of excessive advertising. I am very hopeful that as we are year—find themselves in a situation While companies say they spend more working to put together a very strong, that is absolutely untenable. We have on research than advertising, there is effective Medicare prescription drug heard these stories over and over great evidence to the contrary. So we program, we can also pass this legisla- again. have introduced legislation to say sim- tion to reinforce that States, on their On this side of the aisle, we have two ply that you can write off as much ad- own, can proceed to do what is nec- ideas we are putting forward. First, we vertising and marketing expenses on essary to make sure their citizens have have to have an updated Medicare to your taxes, that taxpayers will sub- access to lower priced prescription cover prescription drugs. We have to do sidize advertising and marketing to the drugs and that we will pass those other it in a way that is comprehensive and same level we subsidize research—the measures we have been talking about helps our seniors. I call upon my col- same level. If you want to do more ad- that will allow us to lower prices, cre- leagues from the other side and in the vertising, do more research, because ate more competition across the bor- House of Representatives to join us in taxpayers want to see the research der, get a better balance between ad- real prescription drug coverage. done. vertising and marketing expenses and Secondly, we know we have to lower Then, finally, I joined with my col- research, and that we will be able to the price. Prices need to go down for leagues, Senators DURBIN, LEAHY, create a system where we in America everyone. When I talk to our small LEVIN, BOXER, DORGAN, and others to not only create the best drugs, the new business community, I talk to farmers introduce legislation to give States the lifesaving medications, where we don’t in the State of Michigan, I talk to the flexibility to set up programs to pass a only subsidize and underwrite and fund big three automakers, wherever I am in law on Medicaid discounts to their citi- the research through the National In- Michigan talking about the cost of zens who don’t have prescription drug stitutes of Health, and other mecha- doing business, everyone wants to talk coverage and are not eligible for Med- nisms, but our people can actually get about health care. They understand icaid. those drugs. that the explosion in their health care There are 30 States that have enacted Right now, it is not a good deal when premium is because of the uncontrol- some kind of a law to help citizens we are the ones who are creating, sup- lable cost of prescription drugs. with prescription drug coverage. Unfor- porting, and subsidizing the creation of I have been putting forward, and tunately, we have seen the drugmakers these medications. Seniors will sit have met with a number of my col- trade association, PhRMA, mounting down this morning, this noon, and to- leagues, four different ideas. I will legal challenges to a number of States night and decide: Do I eat, pay the speak specifically about a bill we are that have attempted to lower prices for electric bill, pay my rent, or can I get now introducing that we talked about their citizens. They have fought these my medicine this week? yesterday with colleagues. There are efforts. I am specifically referring to We can do better. I am committed to four different ideas we have been pro- lawsuits against Maine and Vermont doing better. Colleagues of mine are moting. If we did those things, prices because the drug lobby doesn’t want committed to doing better. We want a
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.006 pfrm15 PsN: S17PT1 S4514 CONGRESSIONAL RECORD — SENATE May 17, 2002 prescription drug benefit. We want to State and the Secretary of Defense to be involved is apparent. As Presi- lower prices. There are ways to do it. pointing out how imperative it is that dent Bush pointed out, that means fill- We can do it now. I ask my colleagues we take this action to affirm that the ing in the geography of Europe—Roma- to join with us in this effort. United States stands solidly in terms nia and Bulgaria and the southeast I yield the floor. of expansion of NATO and the careful part—which is so important as a link f consideration of its membership. not only to Greece and Turkey, our al- The act we discuss today also has lies, but to the Middle East. The Baltic CONCLUSION OF MORNING money for seven candidates, on the pre- States were altogether mis- BUSINESS sumption that these are serious can- characterized by the former Soviet The PRESIDING OFFICER. Morning didates, that this money will make a Union. They were always independent. business is closed. difference in terms of training, inter- We reaffirm that is the case. We see f operability of equipment, the general this as a cardinal principle of this leg- proposition as partners for peace. islation. GERALD B.H. SOLOMON FREEDOM These nations have demonstrated great Finally, I point out that NATO is the CONSOLIDATION ACT OF 2001 interest in the alliance and therefore alliance that places us in Europe. We The PRESIDING OFFICER. Under deserve our help. are not a part of the European Union. the previous order, the Senate will now We pointed out last evening, in fact, We are a part of the transatlantic mili- resume consideration of H.R. 3167. The the money was appropriated last De- tary alliance with headquarters in clerk will state the bill by title. cember—the money is out there. This Brussels, with an American who has The legislative clerk read as follows: is the authorization of the money. been in charge for many years. It is A bill (H.R. 3167) to endorse the vision of Some have asked, is the authorization tremendously important. We appre- further enlargement of the NATO Alliance following too far behind? Our response ciate Europe, and NATO is the major articulated by President George W. Bush on is, no, if we take action. way in which we indicate that appre- June 15, 2001, and by former President Wil- This is why the President wants this ciation and participation. liam J. Clinton on October 22, 1996, and for action prior to his taking a very impor- The question now is, Should we ex- other purposes. tant trip to the summit with President pand that to countries that have taken The PRESIDING OFFICER. The Sen- Putin in Russia next week. on democracy, have taken on defense ator from Indiana is recognized. Madam President, I hope that today responsibilities, have shown through Mr. LUGAR. Madam President, I ask we will join in support of the Freedom the Partnership for Peace their eager- unanimous consent that the Senator Consolidation Act of 2001 because this ness and their willingness to be with from Wisconsin, Mr. FEINGOLD, be bill provides assistance to the nations, us? added as a cosponsor of S. 1572. as I mentioned. It gives us an oppor- My answer is in the affirmative, and The PRESIDING OFFICER. Without tunity for Congress to affirm our soli- I hope the Senate will vote overwhelm- objection, it is so ordered. darity with our allies and our con- ingly in favor of this action today that Mr. LUGAR. As I understand the par- fidence in the future of the alliance. our President be fortified as he pro- liamentary situation, time is con- I point out that our own President, ceeds into important diplomacy. trolled by Senator BIDEN and myself George Bush, gave an important speech Madam President, I yield the floor. for half of the time remaining until last year in Warsaw in which he said: Mr. WARNER. Madam President, I 10:30, and Senator WARNER of Virginia All of Europe’s new democracies from the yield to our distinguished colleague controls the other half; is that correct? Baltic to the Black Sea and all that lie be- from Texas 5 minutes. The PRESIDING OFFICER. The Sen- tween should have the same chance for secu- The PRESIDING OFFICER. The Sen- ator is correct. rity and freedom. ator from Texas. Mr. LUGAR. Would that be approxi- He went on to say he believed ‘‘in Mrs. HUTCHISON. I thank the Chair, mately 12 minutes each at this point? NATO membership for all of Europe’s and I thank the Senator from Virginia. The PRESIDING OFFICER. It is 11 democracies that seek it and are ready It is very important for the United minutes each. to share the responsibility that NATO States and Europe to have the kind of Mr. LUGAR. Madam President, last brings.’’ alliance that NATO has been. It has evening in the debate, we had a good The cold war may be over, but the se- been the greatest defensive alliance in discussion of the need for the Senate to curity and welfare of America and Eu- the history of the world, but I feel as if affirm through this action today that rope are very closely linked, and our I am experiencing deja vu all over NATO should be expanded as a general common goal must continue to be the again. principle. We also established that building of a Europe which is whole The Senate is once again considering there ought to be very careful criteria and free. a measure to endorse the expansion of for that expansion and examination of I mentioned in the debate last NATO without having satisfactorily each of the candidates, as opposed to a evening my own visits last September addressed any of the same questions done deal at the end of the trail, in to the three Baltic States—Latvia, Es- that loomed over the alliance 4 years which the Senate then receives a trea- tonia, Lithuania—and Romania, and ago when we made the first recent ex- ty without that careful examination Bulgaria to visit with leadership about pansion. country by country. the specific criteria. That visit has In April of 1998, this body voted to I have appreciated the colloquy with been replicated by other Senators, expand NATO without articulating a the Senator from Virginia, Senator most recently by our Ambassador to rationale for NATO in the post-cold- BIDEN, and myself in which I think we NATO, Mr. Burns, who has laid out a war era, without calculating a reliable established both of those facts—the de- very concrete plan for each of those na- estimate of the cost of the expansion, sirability for a more robust NATO, and tions to affirm their interest and to without establishing an interalliance that would include more members, give us a basis to judge that interest. dispute resolution process, without likewise—members that in fact carry I finally point out that NATO is a evaluating the militaries of the respec- their weight. As the Senator from Vir- truly remarkable institution because tive candidates to see what they of- ginia pointed out, Americans may be its members have joined together to as- fered and where their problems were, involved in an article 5 declaration to sure that the ideals we share—we have and without determining how the alli- defend those countries that would a collective, moral, and military ance can effectively coordinate mili- come in. In addition, we would antici- strength—are enhanced in the world at tary action amongst an even larger and pate that they would defend us. a time of the war on terrorism, at a more unwieldy membership. Madam President, I point out that we time in which literally the dispute as Here we are in 2002 with the same are having this debate at this point to whether out of area or out of busi- questions unanswered, and yet we are very largely because the President of ness has gone by the boards. on the cusp of enlarging again. I have the United States has asked us to have The war is out of area, by definition. never thought that any of my concerns it. Likewise, we have received cor- The threats are all over the world. The about the structure and purpose of respondence from the Secretary of need for flexibility and for more of us NATO should be directed at any one
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.008 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4515 country. I do intend to vote for this Mr. LEVIN. Madam President, I rise tinue to downsize their militaries, the resolution because I think we should to express my support for the Freedom burden on the United States becomes expand the Partnership for Peace, we Consolidation Act of 2001. greater and greater. Increasing its should get countries ready, we should I support this bill because I support membership without significant re- try to bring their militaries up to the enlargement of the NATO alliance forms and a better understanding of its speed, and the President wants this to admit qualified nations and that is, mission, does not make sense. ability before he goes to Europe. I un- at its essence, what this bill does. I NATO is becoming a mini-U.N., an derstand that, and I support the con- would not support this bill if it sup- unwieldy and overgrown organization cept of an alliance with Europe. ported enlargement without condi- which will demand much of us, our What is the alliance’s purpose? This tioning enlargement on nations being commitment, our military, our na- is a defensive alliance to protect the willing and able to assume the respon- tional wealth, but which will return democracies of Western Europe from sibilities and obligations of member- little to us for our investment. Al- the Communist threat of the East. ship. I also would not support this bill though I understand a country’s desire That threat has evaporated. Our Presi- if it sought to identify one or more na- to join NATO, we must first address dent is going to make an agreement tions as being qualified for NATO mem- the many problems in NATO before we with Russia in the next week that will bership. Since this bill does neither of even consider expanding its member- have a mutual disarmament pact that those things, I support the bill. ship. Therefore, I will vote against this will bring down our stash of nuclear Mr. SMITH of New Hampshire. legislation, not because I do not sup- weapons and their stash of nuclear Madam President, I am please to join port the security needs of the countries weapons. We are friends with the Rus- my distinguished colleague and rank- of the Baltic and Eastern Europe, but sians. ing member of the Senate Armed Serv- because the mission of NATO and the Today the threat for which NATO ices Committee to discuss the merits of organization itself need serious work. was first put in place is gone. We the Freedom Consolidation Act. Mr. ALLEN. Madam President, I rise should have a strategic military alli- Like Senator WARNER, I have been today to voice support for Freedom ance, but we need to talk about what deeply troubled by aspects of NATO ex- Consolidation Act of 2002 of which I am functions it will have. If we are going pansion and by what NATO expansion an original cosponsor. to go offensive, as we did in Kosovo, means in the post-cold-war era. Over 5 years ago, as Governor of Vir- how are we going to do it? Everyone NATO’s original mission was clearly ginia I visited Poland, the Czech Re- knows the problems we had in trying understood—we were standing up to public, and Hungary. I supported the to get unanimity when we were bomb- the Soviet threat. Today, NATO’s mis- admission of these Central European ing Serbia. Everybody knows that was sion is very unclear, and the organiza- countries into NATO. And, wisely an almost impossible task. Yet here we tion itself has become a bloated bu- about 4 years ago the U.S. Congress en- are talking about adding new members reaucracy where politics often dictate acted legislation that would ensure without talking about what kinds of military decisions. that Poland, Hungary, and the Czech offensive alliances we are going to NATO’s involvement in the Balkans Republic were not the last emerging or have. and the manner in which military oper- reborn democracies to join the NATO. ations were conducted during the In fact, as we are looking now at the That was the right decision then and it Kosovo air campaign are prime exam- hotspots around the world, some of the is the right decision now. We should ples of a NATO without a clear mission NATO allies agree with what we are bring such aspiring democracies into and with a broken decisionmaking doing in certain places; some have been our fold. And include them in the im- structure. portant decisions and responsibilities less helpful. We need to have a purpose Let me make one thing clear—I be- for NATO, or are we going to set our al- that affect the world as a whole. The lieve every nation deserves the right to nations seeking admittance have liances according to the operations and self-determination. I am proud to state interests of different parties involved worked hard to meet the strict require- that I was an early advocate of Baltic ments. Many of these nations have un- so that we should stretch our dollars in independence from the Soviet Union a way that allows us the flexibility to dergone monumental changes from the even when some in the U.S. Govern- days of communist occupation that determine which alliances we will have ment were opposed to the breakup of for any particular operation? have positively transformed them into the Soviet Union. I have great admira- freely elected, legitimate governments. The cost of NATO is a big one for the tion for the Baltic people—the Expanding the alliance to include na- United States. One-half of our perma- Latvians, the Lithuanians, and the Es- tions that have made great changes in nent foreign forces are in Europe. We tonians—they all suffered greatly and establishing human freedoms in their have a commitment to provide 25 per- they deserve to be free nations as do all laws and practices is consistent with cent of the NATO budget. We spend nations. I can understand their desire the 1949 NATO Treaty preamble which $170 million to $180 million in military to join NATO and to integrate more reads: construction for NATO, and we have a fully into Western institutions. How- $500 million commitment for U.S. mili- [The Parties] are determined to safeguard ever, I believe that before we even con- the freedom, common heritage and civiliza- tary construction in NATO countries. sider expanding NATO, we must have a tion of their peoples, founded on the prin- So we are talking about almost $1 bil- clear understanding of the mission of ciples of democracy, individual liberty and lion, about three-quarters of a billion NATO. the rule of law . . . dollars in construction costs in Euro- For example, just the other day, It is in the best interest of the United pean countries and/or NATO. That is a NATO accepted Russia as a junior part- States to nurture young democracies big part of our budget when we also ner of sorts. Russia will now partici- around the world. Coach them on the have major commitments in the Middle pate as an equal partner in many of the great values and principles stated in East, major commitments in Korea in discussions and decisions of NATO. the NATO preamble. Working toward the DMZ, and major commitments, of How do we reconcile the expansion of fulfilling the requirements of NATO’s course, ongoing in Afghanistan, the NATO to countries that Russia is op- Membership Action Plan, shows the Philippines, and places regarding the posed to admitting to NATO? We also commitment aspirant nations have war on terrorism. have to consider Russia’s own prob- made to NATO’s basic principles: col- We need to assess the costs before we lems, such as the conflict in lective defense; common values; and go forward with this kind of process. Chechnya—could NATO and the United the promotion of democracy. The PRESIDING OFFICER. The Sen- States be pulled into the Chechnya NATO membership is a catalyst for ator has used 5 minutes. conflict? We must also consider, frank- Western values, principles and actions. Mrs. HUTCHISON. I thank the Sen- ly, whether NATO is relevant in to- It is to the benefit of the United States ator for yielding me the time. I think day’s world. and NATO to ensure the security of na- we are not ready to do this, but I cer- Hopefully, we are finding that coali- tions that desire a place among the tainly am not against expansion of tions for the sake of coalitions are not community of democracies. The Free- NATO. necessary. As European countries con- dom Consolidation Act of 2002 does not
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.012 pfrm15 PsN: S17PT1 S4516 CONGRESSIONAL RECORD — SENATE May 17, 2002 predict which nations will be chosen, hope to bring into the strongest alli- dog or, as some of my colleagues said, nor should it. Instead it sends a clear ance on Earth. a ‘‘barnyard dog.’’ I am going to make message to nations aspiring to free- The PRESIDING OFFICER. Who certain this Senate carefully reviews dom. That message is: Your efforts yields time? those credentials, and we will not have, have been recognized and future The Senator from Virginia. I say with respect to my chairman and progress will be rewarded with admit- Mr. WARNER. Madam President, last ranking member, suddenly a beau- tance to the most effective treaty orga- December I watched carefully as the tifully embossed document from the nization in history. Senate received from the House this President of the United States as a It is very difficult to consider any legislation which we are about to consequence of meetings abroad, and issue related to international relations adopt. I urge Senators to vote for it. here they are. without viewing it in the context of There will be one ‘‘no’’ vote, in my Do you think this Senate is going to the September 11th terrorist attacks. judgment. That is the Senator from go into it with that document for rati- We must remember the nations that Virginia. I do so for the following rea- fication and single out countries? We arose to stand with the United States sons: I believe this subject deserved de- cannot do it that way. We have to do mere hours after the horrifying at- bate, and that is why I interposed an our work beforehand. I repeat, we have tacks. When the United States needed objection on the UC to have this passed to do careful work. I will move in my support, it did not have to make calls, last December, 40-some millions of dol- committee, the Armed Services Com- NATO was there—ready and poised to lars of taxpayers’ money to give to mittee. I hope my colleagues will do act along side of our nation. Passing these nations. likewise. To those of us who can travel If we were able to separate this legis- the Freedom Consolidation Act is but to these nations, I urge that we do so. lation between authorization for these one step we can take to ensure contin- My motives and goals for opposing funds, I would vote for it because I ued support through NATO. During this legislation are very simple. I am think it is important we expend these this war on terrorism the United not against an orderly, well thought funds for these nations which are try- States has recognized that we cannot out process leading to some measure of ing very hard, some nine nations—al- live alone in this world, especially in expansion; my fight is for preservation. though the money applied to only intercepting terrorist finances, gath- NATO is the most extraordinary seven of the nine—seven nations which ering information, as well assisting military treaty in the history of man- are trying to put together, within their with personal, equipment, and military kind. Let’s not sow the seeds of its de- respective countries, the fabric and the operation support. Countries all over mise. infrastructure necessary to hopefully the globe have been instrumental in This legislation being voted on today our success and their assistance con- qualify for NATO. I am in favor of some expansion. I am can be divided into two parts: one, au- tinues to expose the people that not against any country. I am not for thorize appropriations—which I sup- planned and carried out those vile acts. any country. The purpose of my object- port—for seven of the nine aspirant na- The varied contributions of NATO al- tions; and two, a compilation of rhet- lies and aspirants include: reconnais- ing was I believed the Senate should have a debate before we passed it. I oric, primarily quotes extracted from sance, refueling, Special Forces mis- speeches and documents, which form a sions and many other significant duties thought I was successful, but in the darkness of the Senate, as so often hap- matrix that can easily mislead people that have aided our troops. This coop- pens, the appropriators appropriated into believing that the United States erative effort is a great example of the the money. So it was a hollow act on Congress, by enactment of this legisla- useful necessity of NATO. As we ex- my part. tion, is sending an invitation to one pand this just war into new regions, we At long last we had a very good de- and all aspirants to join NATO. They need to develop new relationships and bate last night and I succeeded in my need only RSVP in the affirmative. allies to ensure the safety of the objectives: Clarifying with the two dis- I think we all agree that we are world’s democracies. I know there are tinguished colleagues on the floor, the months away from deciding on which many of my colleagues questioning the chairman and the ranking member, of the aspirant nations meet the cri- value of bringing new members into that this language, which I deem as an teria to be invited to join NATO. the alliance. There is sentiment that invitation to join—if one looks at the Therefore we should not be on the these nations are receiving a great ben- overall rhetoric, one sees it is very verge of adopting legislation that im- efit while adding little. I would dispute skillfully put together. It commits the plies that aspirants ‘‘from the Baltic to that argument; NATO is not a free Senate and the Congress to nothing the Black Sea and all that lie between’’ ticket. All who aspire to join NATO other than the authorization of funds, should be invited to join the Alliance. work hard to make the kind of mili- but I think it could be misinterpreted I speak and vote against this legisla- tary, economic, and democratic re- and misleading to the aspirant nations, tion not as a sign that I oppose NATO forms necessary to gain membership. and the people, the journalists, and all expansion, but rather as a warning that This makes them a stable ally, and who will cover the actions by the Sen- we simply do not have the facts before during these chaotic times we need ate and, indeed, the Congress now to us to render an informed judgement on committed partners. Many of those approve that. the message this legislation sends being considered for membership have I say so for these reasons. The act is across the Atlantic. proven their mettle. They have seen entitled the ‘‘Gerald B.H. Solomon In closing, I would urge my col- the cost of war, the value of freedom, Freedom Consolidation Act of 2001.’’ leagues to review the statement my and have stood strong with America. Turning to the dictionary, I read the good friend Mr. LANTOS made on No- As we consider new members we meaning of ‘‘consolidation’’: To bring vember 7, 2001 in the House of Rep- must also revisit the responsibilities of together into a single whole, unite and resentatives. On page H7867 on that the existing nations. We must continue combine. day’s CONGRESSIONAL RECORD, Mr. LAN- to urge our partners to prepare and im- This is a bad choice of words, in my TOS stated: prove their military capabilities. My judgment. This sends a message that And I strongly endorse the statements of colleague and good friend Senator JOHN all nine, or all seven, should join. I the 10 applicant countries that eventual WARNER said it best, ‘‘NATO is first think we lose sight of the purpose of NATO membership for all of them will be a and foremost a military alliance.’’ NATO—it is a military organization— success for the United States, for Europe and NATO must address the growing imbal- which is only if there is a compelling for NATO. ance between the United States and military rationale for additional mem- While I deeply respect my friend’s our European partners. It is not in the bers, and each member must be fully good intentioned views, that statement best interest of the alliance or Euro- ready and prepared to take up their re- makes it clear to me that the pro- pean nations to have the United States sponsibilities under article 5, which ponents of this legislation have already shoulder such a large part of the mili- says an attack on one is an attack on reached the conclusion that all appli- tary burden. Senator WARNER’S insight all. cants should be invited to join NATO. I is important and should be a top pri- So I will vote no, probably the only believe it is to early in the process to ority for the young democracies we one, but I will continue to be a watch- reach that conclusion.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.002 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4517 The Senator from Delaware. The United States must have partners who are not ready for membership. The alli- Mr. BIDEN. How much time is avail- can contribute their fair share to operations ance, to which the United States al- able to the Senator from Delaware? which benefit the entire Euro-Atlantic com- ready contributes about 25 percent of The PRESIDING OFFICER. Four munity. . . . But the reality is . . . hardly the costs, will have to provide financial minutes. any European country can deploy usable and effective forces in significant numbers out- assistance to help these countries mod- Mr. BIDEN. How much is in the con- ernize their Armed Forces and infra- trol of the Senator from Virginia? side their borders, and sustain them for months or even years, as we all need to do structure. The PRESIDING OFFICER. One today. For all Europe’s rhetoric, an annual We do not know the overall cost to minute, fourteen seconds. investment of over $140 billion by NATO’s do this, but it is my hope that we Mr. BIDEN. Madam President, I will European members, we still need U.S. help to should carefully proceed with NATO let the Senator from Virginia close. move, command and provision a major oper- expansion and weigh each nation’s I can assure my distinguished col- ation. American critics of Europe’s military readiness to become a full partner in league from Virginia that Senator incapability are right. So if we are to ensure NATO. LUGAR, I, and others in the Foreign Re- that the United States moves towards nei- I urge the member nations of NATO lations Committee will have thorough ther unilateralism nor isolationism, all Eu- to proceed cautiously and address the hearings on this, as we did before. ropean countries must show a new willing- This bill merely reaffirms the open- ness to develop effective crisis management issue of expansion with great care. door policy for NATO enlargement capabilities. Mr. DASCHLE. Madam President, I which was first enunciated by the Clin- The PRESIDING OFFICER. The Sen- come to the floor to express my sup- ton administration and now has been ator’s time has expired. port for H.R. 3167, the Freedom Con- continued by the Bush administration. Mr. WARNER. This quote clearly in- solidation Act. Last week I received a It does not authorize new funds that dicates we have to be a watchdog of letter from Secretaries Powell and would throw the budget out of whack. NATO as we begin to invite in more Rumsfeld expressing their support for It merely authorizes monies that have and more countries. this bill. President Bush has also re- already been appropriated by the Arms Mr. BIDEN. Madam President, I ask quested that the Senate consider this Export Control Act. for the yeas and nays. bill before he leaves on his trip to Rus- Voting for this legislation does not The PRESIDING OFFICER. Is there a sia next Wednesday. I am pleased that indicate any Member’s intention to sufficient second? we could accommodate his request, and vote for or against any potential aspi- There appears to be a sufficient sec- I wish the President every success on rant to NATO. Exactly which countries ond. the visit. will be invited by the alliance is a deci- The yeas and nays were ordered. This is a straightforward bill. It cites sion that will be made more than 6 The PRESIDING OFFICER. The Sen- earlier legislation leading up to the months from now at a NATO summit ator from Indiana. last round of NATO enlargement, in Prague, and thorough Senate debate Mr. LUGAR. I yield 1 minute to Mr. quotes President Bush’s pro-enlarge- on ratification of NATO enlargement STEVENS. ment June 15, 2001, Warsaw speech, will occur sometime at the end of this The PRESIDING OFFICER. The Sen- adds Slovakia to the countries eligible year and the beginning of the next. Ev- ator from Alaska. to receive assistance under the NATO eryone is going to have an opportunity Mr. STEVENS. Madam President, I Participation Act of 1994, and author- to decide whether they are for or merely want to say I endorse the state- izes a total of $55.5 million in foreign against this. ments made by the Senator from Vir- military financing, FMF, under the I remind my colleagues that 4 years ginia. Arms Export Control Act for Estonia, ago, the Senate spent 7 lengthy days in I want to explain my rationale for Latvia, Lithuania, Slovakia, Slovenia, floor debate on the ratification of ad- not supporting H.R. 3167, the NATO Ex- Bulgaria, and Romania. mission to NATO of Poland, Hungary, pansion Act. Most importantly, this bill reaffirms and the Czech Republic. I managed In 1998, I voted to support the last the position of the United States on that resolution, and I am certain the round of NATO enlargement which cul- NATO enlargement: that the door to Senate will scrutinize the aspirants in- minated in the assession of Poland, NATO membership remains open, and vited to Prague, just as we did in 1998. Hungary, and the Czech Republic. that those countries that are prepared What the bill does mean is that the Over the past 2 years, at least two of to meet the obligations of member- Senate authorizes the foreign military these countries have not made much ship—as it relates to defense capabili- financing assistance to help those can- progress in restructuring and modern- ties and democratic and political readi- didate countries meet the alliance’s izing their military forces and infra- ness—are welcome to join. stringent membership requirements. structure. NATO enlargement has enjoyed and This bill will help NATO extend the I am concerned that this bill provides continues to enjoy bipartisan support zone of stability eastward and south- an open invitation to the 10 candidate in the United States Senate. It is an ward on the continent so that some- countries, irrespective of their readi- issue that unites Democrats and Re- time within the next decade we will be ness or qualifications. publicans. At a time when we and our able to say for the first time, I think, We should strongly support countries allies are engaged in a global war on in all of modern history that we have a into the alliance that are ready for terrorism, we recognize more than ever Europe whole and free. NATO membership and that can sig- the need for allies—and for new allies. I urge my colleagues to vote for the nificantly contribute to the European As we face a shared and multidimen- Freedom Consolidation Act. I yield the security mission. sional threat, we must recognize that floor to my friend from Virginia. We first need to determine what is each new ally brings substantial polit- The PRESIDING OFFICER. The Sen- the long-term mission of NATO, then ical, economic and military contribu- ator from Virginia. assess how countries can contribute to tions to the effort in Afghanistan and Mr. WARNER. I thank my two col- that mission, and evaluate each can- around the world. leagues, the chairman and the ranking didate based on that overall criteria. The terrorist attacks of September 11 member, for an excellent debate. Other We need candidate states that can underscore the need to consolidate the Members have participated, but let us help support the alliance in maintain- peace on the European continent so not forget that this is a military alli- ing peace and stability throughout the that North America and Europe, from, ance, and in the event troops are called region. as the President has said, the Baltic out, our men and women in the Armed For example, the United States flew Sea to the Black Sea, can focus their Forces will occupy the foxholes, the over 60 percent of the combat missions energies on the new threats of the 21st tanks, the revetments, and take the in the Kosovo conflict. We need to look century. risks alongside the others. for capabilities that enhance the alli- This is an important message for the What concerns me about NATO is ance and its members, not detract from President to take on his trip. But an- this—I quote not the Senator from Vir- it nor add substantial costs. other part of the President’s trip is ginia but Secretary General Lord Rob- There is also a significant price tag also about closing a chapter from the ertson of NATO: for bringing nations into NATO that 20th century.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.015 pfrm15 PsN: S17PT1 S4518 CONGRESSIONAL RECORD — SENATE May 17, 2002 The President announced Monday We therefore look forward to the Prague ENZI), the Senator from New Hamp- morning that he and President Putin summit and the opportunity to take the next shire (Mr. GREGG) the Senator from will sign a new treaty to deal with the step in building a Europe whole and free in North Carolina (Mr. HELMS), the Sen- alliance with the United States. We urge you nuclear weapons left from the cold war. ator from Arkansas (Mr. HUTCHISON) The treaty limits the United States and your colleagues to continue to work hard and devote the necessary resources to the Senator from Arizona (Mr. and Russia to no more than 1,700–2,200 making your countries the strongest possible MCCAIN), and the Senator from Alaska deployed weapons by 2012. candidates. As President Bush put it in War- (Mr. MURKOWSKI) are necessarily ab- Any time we can get an agreement to saw last June, our vision is to extend the sent. reduce the number of nuclear weapons zone of democracy and security to as many The PRESIDING OFFICER. Are there deployed in the world, that is a posi- qualified countries as possible from the Bal- any other Senators in the Chamber de- tive step, and I commend the President tic to the Black Sea, including, as our allies siring to vote? for taking it. in Greece and Turkey have argued, the im- The result was announced—yeas 85, portant Southern dimension. The terrorist But there are a still a series of ques- nays 6, as follows: tions about that treaty that need to be attacks of September 11th have only under- scored the need to consolidate the peace on [Rollcall Vote No. 116 Leg.] answered. Does it require destruction the continent so that North America and Eu- YEAS—85 of any existing nuclear weapons? Does rope can focus their energies on the new it include provisions to secure Russian Akaka Dodd Lott threats of the 21st century. Allard Dorgan Lugar stockpiles? Does it spell out a trans- Mr. Prime Minister, once again, we com- Allen Durbin McConnell parent timetable for when each side mend you and your colleagues for your con- Baucus Edwards Mikulski must reduce the number of deployed tributions to a strong, dynamic and more se- Bayh Ensign Murray cure North Atlantic community. Working to- Bennett Feingold Nelson (FL) weapons to the agreed upon level? Does Biden Feinstein it include any new verification provi- gether we are confident that we can attain Nelson (NE) our collective vision of a Europe whole and Bingaman Fitzgerald Nickles Bond Frist sions? And lastly, does it address the Reed free. Boxer Graham issue of tactical nuclear weapons? Reid TOM DASCHLE. Breaux Gramm I hope the President will use this his- TRENT LOTT. Brownback Grassley Rockefeller toric trip to address these questions, Bunning Hagel Santorum Sarbanes which go to the heart of one of the THE WHITE HOUSE, Burns Harkin Washington, April 11, 2002. Byrd Hatch Schumer principal security threats the United Campbell Hollings Sessions Hon. THOMAS A. DASCHLE, States faces today—the proliferation of Cantwell Hutchison Shelby Majority Leader, U.S. Senate, weapons of mass destruction, and the Carnahan Inouye Smith (OR) Washington, DC. potential for those weapons to fall into Carper Jeffords Snowe DEAR MR. LEADER: I have seen the letter Chafee Johnson Specter the hands of terrorists. you and Senator Lott sent to Romanian Cleland Kennedy Stabenow So let’s send the President off on this Prime Minister Nastase for the Bucharest Clinton Kerry Thomas important trip with the important Summit of the Vilnius-10 countries. Thank Cochran Kohl Thompson message contained in H.R. 3167—that you for your leadership on this issue. Collins Kyl Thurmond Corzine Landrieu we want to continue to remake and im- I strongly agree that NATO enlargement Torricelli has been, and should remain, a bipartisan Crapo Leahy Voinovich Daschle prove our relations with the whole of Levin Wellstone issue. We must work together on this. I Dayton Lieberman Europe, including Russia. Wyden noted the importance you place on the DeWine Lincoln I urge my colleagues to support H.R. southern European candidate countries. 3167, and ask unanimous consent to We have an historic opportunity to inten- NAYS—6 print in the RECORD a copy of a letter, sify reforms and consolidate freedom in na- Craig Roberts Stevens dated March 20, that Senator LOTT and tions that were once behind the Iron Cur- Inhofe Smith (NH) Warner I sent to the Romanian Prime Min- tain. We can do this while building a new NOT VOTING—9 ister, and a letter to me from President NATO-Russia relationship. This is an oppor- tunity that we cannot afford to miss. Conrad Gregg McCain Bush, dated April 11, on the same. Domenici Helms Miller Sincerely, There being no objection, the letters Enzi Hutchinson Murkowski GEORGE W. BUSH. were ordered to be printed in the The bill (H.R. 3167) was passed. RECORD, as follows: The PRESIDING OFFICER. The Sen- ator from Indiana. Mr. LUGAR. I move to reconsider the UNITED STATES SENATE, Mr. LUGAR. Madam President, of vote, and I move to lay that motion on Washington, DC, March 20, 2002. course, we agree with the Senator from the table. His Excellency ADRIAN NASTASE, The motion to lay on the table was Prime Minister, 1, Victoriei Square, Virginia. That is the purpose of this de- District 1, Bucharest, ROMANIA. bate, to draw the attention of this Sen- agreed to. DEAR MR. PRIME MINISTER: We write to ate to a momentous decision that is to The PRESIDING OFFICER. The ma- congratulate you on convening this impor- come. We must examine both armed jority leader. tant meeting with the other Prime Ministers services and foreign relations, and we f of Europe’s new democracies. It is an impor- pledge to do so, and the criteria of each tant stepping stone to the NATO summit in ORDER OF BUSINESS Prague next November. of the countries. NATO is important. It must succeed. Therefore, we ask sup- Mr. DASCHLE. Madam President, all At a time when the United States and its week long the average length of time it allies are engaged in a global war on ter- port for this resolution our President rorism, we are grateful for the support that has asked us to give him. has taken to have a vote has exceeded you and your colleagues have provided. I thank the Chair. 30 minutes. That is just too long. There Americans remember who their true friends The PRESIDING OFFICER. The bill is no way we are going to continue to and allies are at times of war. The threat we having been read the third time, the accomplish as much as we need to ac- face is a shared one, and we appreciate and question is, Shall the bill pass? The complish before the end of next week if value the substantial political, economic and we have to be spending 30 and 40 min- military contributions that the countries yeas and nays have been ordered. The clerk will call the roll. utes on a vote. We are going to have to represented in Bucharest are making to the start cutting off this time more aggres- coalition effort in Afghanistan and around The assistant legislative clerk called the world. You are demonstrating in practice the roll. sively. I want to put all colleagues on that you want to be allies of the United Mr. REID. I announce that the Sen- notice that we are not going to tol- States. It is indeed a ‘‘Spring of New Allies.’’ ator from North Dakota (Mr. CONRAD) erate the extent to which our good will At the NATO Summit in Prague in Novem- and the Senator from Georgia (Mr. is violated as these amendments are ber, Alliance heads-of-state will be making MILLER) are necessarily absent. voted upon. an important decision about continuing the I further announce that, if present Please come over and vote within the process of NATO enlargement. We want to 15 or 20 minutes allotted for the vote. take this opportunity to reiterate that and voting, the Senator from North NATO enlargement has enjoyed and con- Dakota (Mr. CONRAD) would vote ‘‘no.’’ Extending it twice as long is just unac- tinues to enjoy bipartisan support in the Mr. NICKLES. I announce that the ceptable and a real disservice to all our United States Senate. It is an issue that Senator from New Mexico (Mr. DOMEN- colleagues who are waiting to do their unites Democrats and Republicans. ICI), the Senator from Wyoming (Mr. work.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.017 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4519 Madam President, as I said, we have my attention. We have not had a The senior assistant bill clerk read as all day today and all day on Monday chance to review it and to do a hotline follows: for Senators to offer amendments. I on it to see if there are any problems A bill (H.R. 3009) to extend the Andean know Senator DORGAN is waiting to with it. It looks like something we will Trade Preference Expansion Act, to grant offer an amendment. There will be be able to clear, but at this time we additional trade benefits under that Act, and other Senators who will come to the have not had a chance to do that so I for other purposes. floor. object. Pending: The authors of the steel amendment The PRESIDING OFFICER. Objec- Baucus/Grassley amendment No. 3401, in have kindly accepted our suggestion to tion is heard. the nature of a substitute. set aside their amendment in order to Mrs. CARNAHAN. I find it unbeliev- Rockefeller amendment No. 3433 (to accommodate other Senators who wish able that my colleagues on the other amendment No. 3401), to provide a 1-year eli- to have their amendments offered. I side of the aisle would object to a bill, gibility period for steelworker retirees and think it is very important that we use unanimously passed by the Judiciary eligible beneficiaries affected by a qualified closing of a qualified steel company for as- these days for full consideration of Committee, to honor the law enforce- sistance with health insurance coverage and other amendments. ment and public safety officers who interim assistance. It is my intention at this point to file risk their lives daily to keep us safe. Daschle amendment No. 3434 (to amend- cloture on the bill on Monday in order The bill I introduced provides a small ment No. 3433), to clarify that steelworker to have a cloture vote on Wednesday. amount of money to honor those who retirees and eligible beneficiaries are not eli- So amendments will have to be dis- have been injured or killed in the line gible for other trade adjustment assistance posed of prior to Wednesday. of duty. As we celebrate Police Officers unless they would otherwise be eligible for It is my expectation that we will be Memorial Week, it is troubling to me that assistance. taking up a supplemental appropria- that anyone would want to deny them The PRESIDING OFFICER. The Sen- tions bill, in consultation of course the recognition that they are due. ator from Nevada. with Senator BYRD, before the end of I hope whoever is blocking this bill CLOTURE MOTION next week. There is no way we can do from passing will reconsider their op- Mr. REID. Mr. President, I send a that unless we bring our debate on this position and let us honor these brave cloture motion to the desk. bill to a successful close. men and women. The PRESIDING OFFICER. The clo- So we have a lot of work to do next The PRESIDING OFFICER. The Re- ture motion having been presented week. We want to finish the bill. We publican leader. under rule XXII, the Chair directs the want to finish the supplemental bill. Mr. LOTT. Madam President, there is clerk to read the motion. We may take up other issues as well, a process of doing legislation in the The assistant legislative clerk read including some reference to the budget. Senate. This was just reported, as I un- as follows: So it is necessary that we use the days derstand it, yesterday. I made the CLOTURE MOTION between now and then to the maximum point I had not had a chance to review We, the undersigned Senators, in accord- degree possible. it at all. ance with the provisions of rule XXII of the I urge Senators to come over and I note we should honor, in whatever Standing Rules of the Senate, hereby move have their amendments considered. way possible, men and women who to bring to a close the debate on the Rocke- Senator REID will be here, and other have fallen in the line of duty as law feller amendment No. 3433: members of the leadership, but pri- enforcement and public safety officers. Jay Rockefeller, Paul Wellstone, Barbara Mikulski, Charles Shumer, Edward marily Senator REID, who has offered But just looking at this preliminarily, to offer the amendments on behalf of Kennedy, Joseph Lieberman, Richard it provides Federal grants to States, J. Durbin, John F. Kerry, Barbara Senators who may have travel sched- local governments, and Indian tribes to Boxer, Harry Reid, Tom Daschle, Chris- ules that will not accommodate their establish permanent tributes to honor topher J. Dodd, Thomas R. Carper, offering of amendments. So there is no men and women who are killed or dis- Paul Sarbanes, Jon Corzine, Patrick reason these amendments cannot be of- abled while serving as law enforcement Leahy, Debbie Stabenow. fered. Senator REID will be here to or public safety officers. We have had The PRESIDING OFFICER. The Sen- offer them or Senators can come and that happen in my home community. ator from Nevada. offer them themselves. But all day Policemen and highway patrolmen ORDERS FOR TUESDAY, MAY 21, 2002 today and all day Monday we are open have lost their lives. We should honor Mr. REID. Mr. President, I ask unan- for business and we are determined to them. We should do that locally and imous consent that when the Senate use these days to the maximum degree privately. completes its business on Monday, May possible. For the Federal Government to en- 20, the Senate stand adjourned until 9 I thank my colleagues for what I courage and maybe to participate is a.m., Tuesday, May 21; that on Tues- think has been a very productive week worth considering, but there is a prin- day, the Journal of proceedings be ap- on this bill. Their cooperation has been ciple here. I am not sure it is one that proved to date, the morning hour be very catalytic in bringing about the we want to just approve without hav- deemed expired, and the time for the final days of debate on the bill—with ing a chance to take a closer look at it. two leaders be reserved for their use the one exception that we are spending The PRESIDING OFFICER. The Sen- later in the day; that there then be a too much time on the votes them- ator from Nevada. period of morning business until 9:30 selves. Mr. REID. I suggest the absence of a a.m., with the time equally divided and I yield the floor. quorum. controlled between the two leaders or The PRESIDING OFFICER. The f their designees, with Senators per- clerk will call the roll. UNANIMOUS CONSENT REQUEST— The assistant legislative clerk pro- mitted to speak therein for up to 10 S. 2179 ceeded to call the roll. minutes each; that at 9:30 a.m., the The PRESIDING OFFICER. The Sen- Mr. REID. Mr. President, I ask unan- Senate resume consideration of H.R. ator from Missouri. imous consent the order for the 3009, and there be 90 minutes of debate Mrs. CARNAHAN. Madam President, quorum call be rescinded. with respect to the cloture motion on I ask unanimous consent the Senate The PRESIDING OFFICER (Mr. the steel amendment, with the time proceed to the immediate consider- CORZINE). Without objection, it is so or- equally divided and controlled between ation of Calendar No. 375, S. 2179, that dered. the two leaders or their designees; that the Senate vote on the motion to in- the bill be read a third time, passed, f and the motion to reconsider be laid voke cloture at 11 a.m., with the man- upon the table with no intervening ac- ANDEAN TRADE PREFERENCE datory quorum required under rule tion or debate. EXPANSION ACT XXII being waived, without inter- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Under vening action or debate; provided fur- objection? the previous order, the Senate will now ther, that the Senate recess on Tues- Mr. LOTT. Reserving the right to ob- resume consideration of H.R. 3009, day from 12:30 to 2:15 p.m., for the re- ject, this legislation was just called to which the clerk will report. spective party conference meetings.
VerDate May 14 2002 01:38 May 18, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.024 pfrm15 PsN: S17PT1 S4520 CONGRESSIONAL RECORD — SENATE May 17, 2002 The PRESIDING OFFICER. Is there Mr. REID. If there is no one here to ‘‘(b) RULE OF CONSTRUCTION.—Nothing in objection? offer an amendment, the agreement is subsection (a)’’; and Mr. DORGAN. Mr. President, reserv- that we would set whatever amend- (3) by striking ‘‘(3) WAIVER.—The President ing the right to object. ment is next in order aside and go to may waive the application of paragraph (1)’’ and inserting the following: The PRESIDING OFFICER. The Sen- the next amendment. ator from North Dakota. ‘‘(c) WAIVER.—The President may waive Mr. DORGAN. Mr. President, I have the application of subsection (a)’’. Mr. DORGAN. Mr. President, reserv- no objection. ing the right to object, might I inquire The PRESIDING OFFICER. Is there Mr. DORGAN. Mr. President, Cuba of my colleague from Nevada, the dis- objection? suffered a hurricane that had a fairly position of the amendment that you Without objection, it is so ordered. significant impact on the island. The just referenced would conclude at what Mr. REID. Mr. President, now we are Cubans wanted to purchase American point on Tuesday? In other words, what on the bill; is that right, Mr. Presi- food, and they did. They purchased well time would the vote be on the steel dent? over $100 million in food from our coun- amendment? The PRESIDING OFFICER. The Sen- try: Corn, wheat, dried beans, eggs, and Mr. REID. At 11 a.m., which would be ator is correct. much more. voting on cloture on the amendment. Mr. REID. The bill is open for amend- However, the legislation that allows Mr. DORGAN. Voting on cloture on ment. us to sell food to Cuba prohibits any fi- the steel amendment? As I have indicated, it is my under- nancing of these sales—even private fi- Mr. REID. Yes. standing that Senator ALLEN wishes to nancing. Cubans have to pay cash, and Mr. DORGAN. Mr. President, could offer an amendment. He does not ap- it is illegal for U.S. companies or banks the Senator tell me, is there an estab- pear to be in the Chamber. to be involved in the transactions. lished order on recognition following The other understanding we cer- Now, this should strike most people as that vote for the purpose of offering tainly need to have is that if the Demo- rather strange. We will allow our farm- amendments? crats offer five amendments in a row, ers to sell wheat or eggs or dried beans Mr. REID. Yes. I appreciate the Sen- the Republicans, when they are ready to Cuba, but they can’t even use pri- ator’s question. I was going to make a to offer their amendments, can also vate financing to do the sale. statement on that. We have a list that offer five amendments to catch up with So the ban on extending credit by is already in the RECORD of the order in us. And that is the understanding we U.S. private banks and companies to which amendments will be offered. have had. And certainly that should be Cuba means transactions are carried The next amendment will be a Re- the order of things so we treat people out in cash. And the payments cannot publican amendment. We understand fairly. even be made directly. When Alimport, Senator ALLEN is the person who is The PRESIDING OFFICER. The Sen- the agency in Cuba that purchases this going to offer that. Following that ator from North Dakota. food on behalf of the Cuban people, would be the Kerry amendment, then a AMENDMENT NO. 3439 TO AMENDMENT NO. 3401 makes a purchase, the money has to go Republican amendment, then Dorgan Mr. DORGAN. Mr. President, I send through a French bank, in a trans- amendment, and on down the line. an amendment to the desk on behalf of action that takes 40-plus hours. I would say, however, that I am going myself, Senator ENZI, Senator CANT- Well, when we were putting together to offer some amendments on behalf of WELL, Senator HAGEL, Senator JOHN- the Senate version of the Farm Bill, we other Senators during the day. But SON, Senator ROBERTS, and Senator decided to do something about this anyone who wants to come to the MURRAY. problem. We inserted a provision into floor—including the Senator from The PRESIDING OFFICER. Without the Senate version of the Farm bill North Dakota, if he is here and wants objection, the pending amendment will that allowed private financing of agri- to debate the Cuba amendment he is be set aside and the clerk will report cultural sales to Cuba. No U.S. govern- going to offer—today would be a good the amendment. ment financing—just private financing. time to do that. The senior assistant bill clerk read as The vast majority of Senators voted As the majority leader has indicated, follows: for this amendment. Then the House of today we will stay in session as long as The Senator from North Dakota [Mr. DOR- Representatives, by a vast majority, people have something to say. On Mon- GAN], for himself, Mr. ENZI, Ms. CANTWELL, passed a resolution calling on the day we are going to come in around 1 Mr. HAGEL, Mr. JOHNSON, Mr. ROBERTS, and House conferees to accept this provi- o’clock in the afternoon. The same Mrs. MURRAY, proposes an amendment num- sion in conference. But the measure would apply on Monday. People can bered 3439. was taken out of the conference report offer amendments on Monday. There Mr. DORGAN. Mr. President, I ask anyway. will be no votes, but some of these unanimous consent reading of the amendments will be debated. Some of amendment be dispensed with. The amendment we are offering them will be accepted. For other The PRESIDING OFFICER. Without today to the trade bill is identical to amendments we will schedule votes. objection, it is so ordered. the provisions that were in the Senate And we could schedule those votes, of The amendment is as follows: version of the Farm Bill. Not one word course, on Tuesday. (Purpose: To permit private financing of has been changed. So I think a lot of progress could be agricultural sales to Cuba) What we are trying to overcome here made today and on Monday. We will At the appropriate place, insert the fol- is a small group of lawmakers that are work our way on down the list. lowing: trumping the will of Congress. Did that answer the Senator’s ques- SEC. ll. AGRICULTURAL SALES TO CUBA. You know, when we passed the legis- tion? (a) IN GENERAL.—Section 908 of the Agri- lation that allowed our farmers to sell Mr. DORGAN. Mr. President, I be- culture, Rural Development, Food and Drug food from Cuba, a Congressman from lieve so. I am only concerned that we Administration and Related Agencies Appro- Florida was quoted in the Miami Her- have time, prior to the filing of the clo- priations Act, 2001 (22 U.S.C. 7207) is amended ald as saying that he was satisfied that by striking subsection (b). the language in the legislation was re- ture motion and a vote on cloture on (b) CONFORMING AMENDMENTS.—Section this bill, to offer amendments. I have 908(a) of the Agriculture, Rural Develop- strictive, making it difficult for United offered one amendment. I have two ad- ment, Food and Drug Administration and States companies to do business in ditional amendments. I certainly want Related Agencies Appropriations Act, 2001 Cuba because they will have to go to be able to offer them. (22 U.S.C. 7207(a)) (as amended by subsection through third countries for financing. As I understand it, the Senator from (a)), is amended— My colleague in the House of Rep- Nevada has indicated that, despite the (1) by striking ‘‘(a)’’ and all that follows resentatives did not care about the in- fact there is a list of amendment, if we through ‘‘Notwithstanding’’ and inserting tent of the legislation—he wanted to the following: are able to be here today and/or Mon- ‘‘(a) IN GENERAL.—Notwithstanding’’; make sure that it was as difficult as day to offer additional amendments, (2) by striking ‘‘(2) RULE OF CONSTRUC- possible for our farmers to sell food to nothing will preclude us from offering TION.—Nothing in paragraph (1)’’ and insert- Cuba. He said he was pleased with the those amendments. Is that correct? ing the following: outcome.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.008 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4521 Well, I am not pleased with that. I Our amendment today deals only venting famine and hunger, but it also think it makes no sense. And it just de- with the private financing of sales of provides important markets for U.S. fies belief that when the Senate re- food. This amendment does what the agricultural producers, particularly in cently tried to fix the problem, the will Senate has already done on the pre- Cuba. of the Congress was ignored again. The vious occasion. There is not a word Cuba, a market that has been closed Senate version of the Farm Bill had a changed. I hope for its favorable con- to U.S. exports since 1961, currently provision to allow private financing of sideration. And we will have more to imports approximately $750 million in agricultural sales to Cuba, which say on the subject of Cuba policy in the agricultural products from countries passed by a 2 to 1 margin. The House weeks and months ahead. around the world, including European voted 273 to 143 to endorse the Senate One final point: My colleague from allies. And one recent study by Texas provision for more trade with Cuba, the State of Washington has worked A&M University suggested a long-term and to have the House conferees accept with me to construct this legislation export market potential of up to $1.2 it. But guess what? It was dumped out and put it in this bill. I regret a num- billion for U.S. agricultural products. of conference anyway. ber of the other cosponsors are not However, Mr. President, there was a So we are back, to offer the same here. I wish we had had an opportunity catch with the legislation as it passed amendment, word for word. The Senate to offer the amendment when they in that it put a restriction on the use has already voted on this. The bipar- were all here. They have expressed of any private financing or letters of tisan support is substantial. I men- similar sentiments in the past—Sen- credit from U.S. banks for those pur- tioned cosponsors of this amendment, ators HAGEL, ENZI, and ROBERTS, and chases. The restriction only applied to who are many, Republicans and Demo- others who believe as I do and as Sen- Cuba—not Sudan, Libya, Iran, or any crats. My expectation is we will con- ator CANTWELL does. other country—just Cuba. So as my tinue to offer this amendment until the I yield the floor. colleague has suggested, food is being will of the Congress prevails. The PRESIDING OFFICER. The Sen- used as a political weapon against This measure is long overdue. Do you ator from Washington. Cuba. think Castro has ever missed a meal Ms. CANTWELL. Mr. President, I This legislation undermines the spir- because we won’t sell food to Cuba? rise in support of the Dorgan-Cantwell it of the TSRA in that it effectively The restrictions on food sales do noth- amendment that removes existing re- continues to use food and medicine as a ing but hurt poor, sick, and hungry strictions on United States banks from foreign policy tool. As any farmer can people. It is not a moral thing to do, to financing the legal export of American tell you, financing is a critical element use food as a weapon, as a part of our food and medical products to Cuba. of selling your products both domesti- My colleague from North Dakota has foreign policy. And it is not a smart cally and throughout the world. We are very eloquently pointed out that our trade policy, not when we are depriving blocking American food from going to country cannot use food as a weapon. I U.S. farmers of a market for their Cuba because of that inability to get crops. applaud him for his leadership in the committee in having hearings about private financing. In coming months, we are going to The potential for the Cuban market the travel penalties being placed on have to deal with a separate aspect of to our farmers has been demonstrated Americans and also the prohibition of Cuba policy: the restrictions on Ameri- over the last months by the announce- some American farmers from traveling cans who want to travel to Cuba. I just ments of cash purchases of over $90 to Cuba to discuss either cash pur- held a hearing on that. million in agricultural products that Let me describe this policy through chases or, if this language is changed, has been made—the first United the eyes of a retired schoolteacher in the United States financing of legal ag- States-Cuba commercial transaction Illinois. She was reading a cycling ricultural purchases by Cuba. since 1961. So we know the Cubans are magazine published in Canada. She is a This amendment is particularly ap- interested and are willing to pay cash. retired schoolteacher in her sixties, propriate. If you think about it, just and she likes to bicycle. She saw an ad last week we passed a farm package ba- But we cannot finance agricultural about a bicycling trip to Cuba, and she sically dedicating our efforts to try to sales of this magnitude by cash pur- signed up. She went to Cuba with near- improve the farm economy in America. chases. This opening is particularly impor- ly a dozen other people, and they bicy- We did this with the underlying goal of tant in my home State. Washington cled for 7 or 8 days. She loved it. She trying to improve the economic com- had a strong trading relationship with came back to this country, back to Illi- petitiveness of American farmers by nois, and a year later she got a letter helping them open up markets. Today Cuba prior to the embargo, and I think from the U.S. Department of the Treas- we were in the Chamber talking about we would be in a good position to ben- ury saying: guess what, we are fining how to make it easier to have trade ne- efit from opening up these agricultural you $7,500 for bicycling in Cuba. gotiations. With this amendment, we markets. Is that an unusual story? No, it is have an opportunity to fix what is real- Industry experts predict that Cuba’s happening all across the country. We ly an arbitrary, unjust, and illogical markets could bring substantial rev- are slapping around the American peo- sanction on food exports. In doing so, if enue to farmers in my State on prod- ple, restricting their travel rights be- we change this procedure, we open up ucts like peas, lentils, apples, sweet cause we are upset with Fidel Castro. potentially billions of dollars of mar- cherry and pear production, and many I want to bring democracy to Cuba. kets for American farmers. other products. I think given the The wrong way to do that is to use food Our colleagues may remember that events of the last week, with President as a weapon and to penalize Americans in the 106th Congress, Congress passed Carter opening a new chapter in our who would travel in Cuba. The effective the Trade Sanction Reform and Export history with Cuba, and the positive way to do it is to flood Cuba with Enhancement Act of 2000 in an effort to steps that have been taken by the American products and visitors. preclude unilateral sanctions on the Cuban Government in allowing him to We are told in the Senate that the export of American food and medical come there and address that nation, it way to deal with China and move the products. In passing this language, is critically important that we rethink Communist government in China in the Congress sent an important message this limitation we have had on private right direction is to have greater en- through TSRA that food and medicine financing. My colleagues have said we gagement, more trade, more travel. were not to be used as a political tool believe that food and medical products The same is true with Vietnam. That is of foreign policy. Practically speaking, should be sold to Cuba. We have agreed the way to deal with Communists, be- the legislation made it possible for to that. Now all that stands in the way cause they can’t resist the relentless American farmers to export their prod- is this arbitrary limitation of saying march of capitalism and freedom. But ucts around the world, though the law we are not going to allow you to fi- a small pocket of people in our country did require licenses from the executive nance it with private banking in the refuse to apply that same approach to branch for exports to Cuba, Libya, United States. That is a mistake. Cuba. That makes no sense. The major- Sudan, and Iran. We cannot continue this policy and ity of the Members of the House and The TSRA not only addresses the im- hold not just the Cuban people hostage Senate know that. portance of humanitarian goals of pre- to food and medical products, but U.S.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.030 pfrm15 PsN: S17PT1 S4522 CONGRESSIONAL RECORD — SENATE May 17, 2002 farmers who have products they can wheat, and eggs to Cuba. We ought to embargo on all exports to Cuba last sell there. If we have said we believe worry a whole lot more about bombs year. The TSRA provision effectively they should be able to sell those prod- from terrorists than about our farmers eliminated one of our nearest and most ucts into that country, we should be selling dried beans to Cuba. easily accessible agricultural markets. willing to say that there can be financ- We just held a hearing in which we Our amendment today seeks to remedy ing for those products as well. found that the Office of Foreign Asset this unworkable situation. As my colleague from North Dakota Control and the Treasury, which is re- Given the crisis in American agri- mentioned, we voted on this amend- sponsible for tracking down terrorist culture, the prospect of selling to a ment. It was part of the farm package funding—has at least some of their new market is welcome news to U.S. that passed out of the Senate. We will staff tracking Americans who have farmers and exporters. In my home keep pushing this until we are success- traveled in Cuba. A fellow who testified State of Wyoming, agriculture is a ful. at my hearing on travel to Cuba came driving force behind economic sustain- I yield the floor. from Senator CANTWELL’s State of ability, and I firmly believe this The PRESIDING OFFICER. The Sen- Washington. His parents were mission- amendment will strengthen the posi- ator from North Dakota is recognized. aries to Cuba, and built a little church tion of local farmers as they work to Mr. DORGAN. Mr. President, I thank there. After Castro came to power, his compete at the international level. Al- the Senator from Washington for her family returned to America. A few lowing food exports to Cuba will not work on this amendment. As I indi- years ago, this poor fellow’s parents only transfer critically needed supplies cated before, this amendment has tragically died in a house fire. He de- to the suffering Cuban people, but it broad bipartisan support. The Senate cided to honor their memory by taking will also create a potential new market has already expressed itself previously. their ashes back to Cuba, to bury them for American farmers and exporters. By a wide margin, the Senate says we in the little church that they had built Opponents of this amendment will ought not to use food as a weapon. decades earlier. He went to Cuba for argue that we should not soften our po- I understand that Fidel Castro has just one day, and did just that. Upon sition on the Cuban embargo, that been sticking his finger in our eye for his return, he told the Customs Service Cuba has not earned the right to trade, a long while. I don’t stand here want- that he had been to Cuba, and ex- and that we should continue to shut off ing to make life better for Fidel Cas- plained the circumstances. Months this socially and economically re- tro. I want to bring democracy to later, he got a letter saying, guess pressed nation from the world. They Cuba. After 40 years of failure with an what, you have to pay a fine of $7,500. will reiterate that isolating Fidel Cas- embargo that doesn’t work, it seems I am just saying that when govern- tro’s regime is our only hope in forcing that we ought to try something else. ment officials responsible for tracking him to recognize the error of his ways. I have been to Cuba. What I learned down terrorists are spending their time I disagree. Our embargo is not working, there is that Fidel Castro says the rea- chasing down folks like this poor fel- because we are not the only country in son the Cuban economy is in deep trou- low, they just don’t have their eye on the world that can provide food and ble is because the United States has its the ball. medicine to Cuba. As such, Castro does hands around the Cuban economy’s The amendment we are offering not have to trade with us. The real los- neck. This embargo is what they blame today having to do with private financ- ers in this battle are the Cuban people for Cuba’s economic troubles. I am not ing of agricultural sales to Cuba is also and the American farmers. The United saying that Fidel Castro is right. I am a call to reason. States must develop a policy that goes just saying this embargo has been This amendment is an amendment beyond the embargo. Food and medi- Fidel Castro’s biggest and best excuse that deserves the support of the entire cine are not tools of war, and should for all of the shortcomings of his re- Senate. I hope we will be able to ap- not be used as such. gime. He uses it, has continued to use prove this amendment just as we did in I truly believe this amendment will it, and he says to the Cuban people the Senate version of the Farm Bill, strengthen our country’s role as a pro- that is the reason they have this trou- and I hope this time the provision will moter of democracy and freedom. Food ble. survive conference. and medical attention are the most In any event, it seems to me at some It is time for us to say it is not moral basic of human needs, and until those point you would learn a lesson. Fidel to use food as a weapon. This country are satisfied, the Cuban people will not Castro has been in power in Cuba is bigger and better than that. I have put political reform at the top of their through 10 U.S. Presidents. Clearly, traveled to refugee camps around the agenda. The U.S. must first help to sat- what we have been doing has not been world and I know their misery and isfy the basic needs of the Cuban peo- working. How about trying something share their pain. We all understand ple, and then push toward full political different? My sense is that the more that using food as a weapon is not reform. This amendment takes us one people travel in Cuba and the more in- something that represents the best of step closer to that goal. As history has vestments you have in Cuba, the more this country. That is why in this in- proven, political reform comes when Cuba’s economy is open, the more like- stance, and every instance, I want this individuals are exposed to worlds un- ly it is that Castro will lose his grip on country to stop it. This amendment like their own. Take China for exam- power in Cuba. My goal is to bring de- simply opens the door a bit wider so ple, opening trade and encouraging dia- mocracy to Cuba. But we don’t, in my that the flow of food to Cuba—food pur- logue with the Chinese has promoted judgment, serve our interests, or any- chased by Cuba—can be done through capitalism and democracy in their body else’s, by saying we want to use normal private financing. country. This amendment would in- food as a weapon. I yield the floor. crease that exposure and would im- Because I and others have fought to Mr. ENZI. Mr. President, I rise in prove the social and economic well- open the window just a bit, food is now support of the amendment offered by being of the Cuban population. going to Cuba, however slowly. Cuba is the Senator from North Dakota. I As one of the principal sponsors of able to buy it from our companies and thank the Senator for introducing this the 2001 Export Administration Act, our family farmers. We now have amendment, which will directly benefit which was passed by the Senate last chicken legs, turkey breasts, and dried our American farmers and the citizens September but has yet to see action in beans being offloaded in Cuba because of Cuba who have suffered from inad- the House, I understand the impor- they bought them from the United equate access to food. tance of export controls and I recognize States. Good for them and good for us. This amendment would amend a pro- the delicacy of this situation. However, At a time when we are beset by ter- vision that has undeniably hurt the I do not believe food and medicine rorist threats, worrying about future economic viability of our agriculture should be controlled under unilateral acts of terrorism, those responsible for sector since the passage of the Trade sanctions. We need to tightly control our nation’s safety and welfare have Sanctions and Reform Act, TSRA, in some exports, but food should be al- much better things to do than to worry 2001. The TSRA, which prohibited the lowed to pass as freely as possible about shutting off the flow of chicken use of private financing for food and across our borders. I encourage my col- legs, turkey breasts, dried beans, medicine sales to Cuba, instituted an leagues to vote for this amendment,
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.032 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4523 not only for the sake of the Cuban peo- (E) be subject to such other terms and con- During the past several months, all ple but for the sake of our own local ditions as the Secretary determines appro- Americans have been deluged with farmers and their families. Now is the priate. news of recessions, plummeting con- (2) ACCOUNT.—A loan awarded to an indi- time to chart a new course for United vidual under this section shall be deposited sumer confidence, and rising unem- States-Cuba relations. into an account from which a monthly mort- ployment. While these are uneasy The PRESIDING OFFICER. The Sen- gage payment will be made in accordance times for everyone, in States such as ator from Virginia is recognized. with the terms and conditions of such loan. North Carolina, South Carolina, Ala- (d) REPAYMENT.— AMENDMENT NO. 3406 TO AMENDMENT NO. 3401 bama, Georgia, Southside and South- (1) IN GENERAL.—An individual to which a west Virginia, and every State with Mr. ALLEN. Mr. President, I wish to loan has been awarded under this section call up amendment No. 3406, which is shall be required to begin making repay- heavy concentrations of manufac- at the desk. ments on the loan on the earlier of— turing, especially in the textile and ap- The PRESIDING OFFICER. Without (A) the date on which the individual has parel industries, they have been espe- objection, the pending amendment is been employed on a full-time basis for 6 con- cially hard hit. secutive months; or set aside. (B) the date that is 1 year after the date on Nationwide, employment in apparel The clerk will report the amendment. which the loan has been approved under this manufacturing has been just dev- The senior assistant bill clerk read as section. astating. Factory employment has follows: (2) REPAYMENT PERIOD AND AMOUNT.— plummeted just in the last year and a (A) REPAYMENT PERIOD.—A loan awarded The Senator from Virginia [Mr. ALLEN], for half. One out of every three layoffs in under this section shall be repaid on a himself, Mr. EDWARDS, Mr. WARNER, and Mr. monthly basis over the 5-year period begin- Virginia is from the manufacturing in- THURMOND, proposes an amendment num- dustry, although only one in six jobs in bered 3406 to amendment No. 3401. ning on the date determined under paragraph (1). Virginia is in this sector. Virginia’s Mr. ALLEN. Mr. President, I ask (B) AMOUNT.—The amount of the monthly Southside region and Southwest Vir- unanimous consent that further read- payment described in subparagraph (a) shall ginia region are already suffering from ing of the amendment be dispensed be determined by dividing the total amount the effects of international competi- with. provided under the loan (plus interest) by 60. tion. The PRESIDING OFFICER. Without (C) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to prohibit Nationwide, an average of 37,500 objection, it is so ordered. an individual from— Americans lose their jobs because of The amendment is as follows: (i) paying off a loan awarded under this NAFTA-related competition each year. section in less than 5 years; or (Purpose: To provide mortgage payment as- During the 1990s, Virginians saw the sistance for employees who are separated (ii) from paying a monthly amount under from employment) such loan in excess of the monthly amount loss of 15,400 apparel jobs, a decline of 54 percent, and 15,300 textile jobs, a de- At the appropriate location, insert the fol- determined under subparagraph (B) with re- lowing: spect to the loan. cline of 36 percent. (e) REGULATIONS.—Not later than 6 weeks SECTION 1. SHORT TITLE. after the date of enactment of this Act, the That is bad news. However, please This Act may be cited as the ‘‘Homestead Secretary shall promulgate regulations nec- understand, Mr. President, I strongly Preservation Act’’. essary to carry out this section, including believe that fair and free trade is nec- SEC. 2. MORTGAGE PAYMENT ASSISTANCE PILOT regulations that permit an individual to cer- essary and desirable if American busi- PROGRAM. tify that the individual is an eligible indi- nesses are to have the opportunity to (a) ESTABLISHMENT OF PILOT PROGRAM.— vidual under subsection (b). promote their goods, services, and con- The Secretary of Labor (referred to in this (f) AUTHORIZATION OF APPROPRIATIONS.— tinue to expand their growth abroad. section as the ‘‘Secretary’’) shall establish a There is authorized to be appropriated to pilot program under which the Secretary carry out this section, $10,000,000 for each of NAFTA, despite those negative sto- shall award low-interest loans to eligible in- fiscal years 2003 through 2007. ries I just went through in Virginia— dividuals to enable such individuals to con- (g) TERMINATION.—The program established and it is similar in other States, I sus- tinue to make mortgage payments with re- under this section shall terminate on the pect—has actually created a net in- date that is 5 years after the date of enact- spect to the primary residences of such indi- crease in employment. So while on bal- viduals. ment of this Act. ance it is a net increase, we still do (b) ELIGIBILITY.—To be eligible to receive a Mr. ALLEN. With the permission of need to recognize there are good, hard- loan under the program established under the Chair, I would like to address the working people who end up losing their subsection (a), an individual shall— amendment. (1) be an individual who— jobs. (A) is determined by the Secretary to be a The PRESIDING OFFICER. The Sen- member of a group of workers described in ator is free to speak. When NAFTA came into effect, I was section 250(a)(1) of the Trade Act of 1974 (19 Mr. ALLEN. Mr. President, this Governor of Virginia, and we led trade U.S.C. 2331); amendment, which is entitled the missions to Quebec, Ontario, and to (B) is an adversely affected worker with re- Homestead Preservation Act, is an various places in Mexico, from spect to whom a certification of eligibility amendment to the trade promotion au- Veracruz to Mexico City. We were able has been issued by the Secretary of Labor thority/trade adjustment assistance to bring back an agreement from Mex- under chapter 2 of title II of such Act (19 substitute which is currently being ico and Canada that initially meant a U.S.C. 2271 et seq.); and considered. First and foremost, I thank half a billion dollars in new invest- (C) is receiving adjustment assistance under such chapter; my good colleagues, Senator JOHN ED- ments and sales for Virginia. These in- (2) be a borrower under a loan which re- WARDS of North Carolina, Senator JOHN vestments were made possible only by quires the individual to make monthly mort- WARNER of Virginia, and Senator fair and free trade. gage payments with respect to the primary STROM THURMOND of South Carolina, While trade is helping our economy place of residence of the individual; and for their important cosponsorship of as a whole, there still are good, hard- (3) be enrolled in a job training or job as- this amendment. Their leadership and sistance program. working families who have been ad- understanding of the desirability for versely affected by international com- (c) LOAN REQUIREMENTS.— this amendment is very important. (1) IN GENERAL.—A loan provided to an eli- petition, especially in the textile and gible individual under this section shall— I say to my colleagues in the Senate apparel industries. that this is an amendment which is de- (A) be for a period of not to exceed 12 Anytime a factory closes, it is a dev- months; signed to help displaced workers get (B) be for an amount that does not exceed access to short-term, low-interest astating blow to all the families in the the sum of— loans to help cover monthly home community and region. Usually to (i) the amount of the monthly mortgage mortgage payments while they are these textile facilities which are not in payment owed by the individual; and looking for a new job. This is a com- big urban or suburban areas. They are (ii) the number of months for which the monsense, compassionate legislative usually in smaller, more rural commu- loan is provided; nities. (C) have an applicable rate of interest that idea designed to help working families equals 4 percent; who, through no fault of their own, are I was especially proud of how the (D) require repayment as provided for in adversely affected by international close-knit Southside communities in subsection (d); and competition. Virginia came together when people
VerDate May 14 2002 01:38 May 18, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.034 pfrm15 PsN: S17PT1 S4524 CONGRESSIONAL RECORD — SENATE May 17, 2002 lost their jobs, when companies such as ment of Labor to administer a low-in- vital that the Federal Government do Pluma or Tultex closed their doors. terest loan program, say 4 percent, for what is right by our workers in the tex- These individuals should not have to go workers displaced due to international tile and apparel industries and indeed through these hard times alone. competition. An individual, who quali- in all industries suffering high rates of After the Tultex plant closed in fies for the program will be eligible for job losses due to international com- Martinsville, right before Christmas in up to 12 monthly home mortgage pay- petition. December 1999, people donated toys to ments. Because of international competi- the Salvation Army to make sure The program is authorized at a max- tion, textile and apparel workers are Christmas came to the homes of thou- imum of only $10 million a year for 5 even more vulnerable to the current sands of laid-off workers. years. The loans will be distributed economic situation, making them ill- I am proposing that the Federal Gov- through an account providing monthly equipped to weather an economic ernment do its part to help these peo- allocations to cover the amount of the downturn. ple through these tough times. There worker’s home mortgage payment. The The reason I say this is because in are already thoughtful programs in loans could be paid off once the person the year 2000, the average wage rates in place, such as the NAFTA Transitional finds another job or repaid over a pe- Virginia for a textile or apparel worker Adjustment Assistance Program that riod of up to 5 years. No payments were 77 percent and 57 percent, respec- helps workers obtain additional job would be required until 6 months after tively, compared to the overall wage skills, training, and employment as- the borrower has returned to work full rate for Virginians. What that means is sistance. That program provides ex- time. that their wages are providing them tended unemployment benefits during Again, if someone is laid off and they less money for their family’s rainy day job training. These programs are the want to apply for these loans, they can savings account, and right now it is result of a commonsense, logical un- only get a loan for 12 months for storming for many of these families. derstanding and the conclusion that monthly mortgage payments, and then When these workers are displaced, in people can lose their jobs because of 6 months after they get back on their many cases meager savings and tem- trade agreements. They are not losing feet, they will have to pay it off over a porary unemployment benefits are fre- their jobs because of anything they did 5-year period. This program will only quently not enough to cover expenses wrong or because they do not want to be available for workers displaced due that have previously fit in within the work. For the most part, these are to international competition and who family’s budget. folks who have worked in these compa- also qualify for benefits under the Without immediate help, many of nies for a great number of years. In NAFTA Trade Adjustment Assistance these families, at a minimum, risk los- some cases there are entire families Program. Furthermore, they actually ing their credit ratings. And in the working at these companies. Their par- have to be participating in such pro- worst case scenario, they could lose ents and their children may all work grams. their home or their car, or both. The Like the NAFTA–TAAP and the TAA together in some of these mills. biggest financial investment many peo- benefits program, the Homestead Pres- We ought to find a way to ease the ple make in life is in their home, and ervation Act recognizes that some tem- stress and turmoil for people whose when they lose their home, they have porary assistance is needed as workers lives are unexpectedly thrown into lost a great deal. Their credit ratings take time to become retrained, reedu- transition after years of steady em- are obviously damaged. Many have a cated, expand upon their skills, and ployment with a company that just great deal of equity built up in that search for new employment. suddenly disappears. As Governor, I enjoyed nothing more home, and much is lost, including their While these hard-working families than being able to recruit and bring dignity. It is important that we enable and are trying to find appropriate new em- new investment, new jobs, and enter- try to assist people in keeping their ployment, they should not have to fear prises into Virginia. By recruiting new losing their homes as well. For most businesses, we brought in more jobs homes and protect their credit ratings. people and their families, the biggest and better jobs for the hard-working, We should do so as these people work financial investment they make in caring people of Virginia. For example, toward strengthening and updating their lives is their home. Many have in the Martinsville, Henry County their skills as they continue a search considerable equity built up in their area, we were able to get Drake Extru- for a new job. homes. sion in Great Britain to open a new fa- The Homestead Preservation Act pro- Many Government agencies already cility in Virginia. They chose vides the temporary financial tools have low-interest loan programs that Martinsville Industrial Park for its necessary for displaced workers to get are in place to help families who have new carpet and bedding fiber manufac- back on their feet. And when they get met unexpected economic disasters, turing plant. This was announced as a back on their feet, they not only still such as natural disasters—which in- $12 million investment which doubled have a home, but they also have the clude floods, tornadoes, and hurricanes. since its opening in 1995. It brought in ability to succeed. When I look at the factory closings additional small businesses, and they In my view, it is a caring, logical, and literally thousands of jobs being now employ about 225 people. and responsible response. I hope my lost, it is an economic disaster to these Unfortunately, it can take time to colleagues will vote on this matter, families and communities, and its ef- bring new companies and new indus- possibly as early as next Tuesday. I fects are just as far-reaching and cer- tries into a region, just as it takes hope they support this commonsense, tainly as economically devastating as time to learn a new skill or earn a de- compassionate idea that will help those floods, tornadoes, and hurricanes. gree. The displaced families, unfortu- individuals who have lost jobs due to Like in a natural disaster, families nately, in many cases, do not have the international competition, while we displaced by international competition time because they have monthly bills still go forward with trade promotion are not responsible for events leading that must be paid in full with no ex- authority, the Andean measure, and to the factory closings. The Federal cuses. trade adjustment assistance. Government, in my view, ought to The Homestead Preservation Act pro- All of these measures are very impor- make similar disaster loan assistance vides financial assistance necessary to tant, but let’s make sure we are help- programs available to our temporarily bridge the time it takes to find em- ing everyone that is negatively im- displaced workers. This is the rationale ployment. Without this bridge, many pacted. We need to also understand the for introducing the Homestead Preser- working families would not be able to balance that is necessary as this coun- vation Act. take advantage of the opportunities try opens up new markets, tears down This legislation will provide tem- that are out there for them. They barriers, which allows our goods, our porary mortgage assistance to dis- would be denied the necessary tools to products and services, and our tech- placed workers, helping them make help them succeed in the changing nology to enter into other areas. ends meet during their search for a new economy. We need to recognize there are some job. Specifically, the Homestead Pres- The current economic situation for who will need help in transition to get ervation Act authorizes the Depart- our country has made it even more back on their feet. Let’s make sure
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.037 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4525 they do not lose their homes because on passage of the bill, without any in- organized blood drives, organized as- they have been displaced by inter- tervening action or debate. sistance to the families, without ask- national competition. They are good The PRESIDING OFFICER. Is there ing about their race or religion or eth- families, they are hard-working fami- objection? nicity or sexual orientation. lies, they are diligent, and this is the The Senator from Virginia. Is the Senator perplexed, as we cele- least I think we can do as we enter into Mr. ALLEN. On behalf of our leader, brate both the lives that were lost and these trade agreements. I object. celebrate the extraordinary heroism I yield the floor. The PRESIDING OFFICER. The ob- and gallantry of the men and women, The PRESIDING OFFICER. The ma- jection is heard. does the Senator find it somewhat jority leader. The Senator from Massachusetts. ironic we cannot in this body make f Mr. KENNEDY. I see the majority sure we are going to protect those indi- leader on his feet, so I will wait until viduals from the vicious acts of bigotry UNANIMOUS CONSENT REQUEST— he finishes, although I would like to and hatred and prejudice taking place S. 1140 perhaps ask him whether he under- in the United States, acts that have ac- Mr. DASCHLE. Mr. President, I have stands any reason that—as I under- tually escalated in recent years? a couple of unanimous consent requests stand, this is a motion to proceed; is Does the Senator feel a sense of frus- having to do with the consideration of that correct? Was this a motion to pro- tration about why this body cannot future legislative items, and I make ceed to the bill included in the major- come to grips with a reasonable debate these requests now. ity leader’s request? and discussion, as we have in the past, I ask unanimous consent that the Mr. DASCHLE. Mr. President, this is and have action, either for or against Majority leader, after consultation not only a motion to proceed but it this? with the Republican leader, may turn would be the circumstances under Does he not share the concern of to the consideration of Calendar No. which we would consider the bill itself. many families, and the 500 religious 210, S. 1140, a bill to provide for greater Mr. KENNEDY. This is the legisla- leaders from all of the great faiths that fairness in the arbitration process re- tion which we have addressed in this urged this body to pass this legislation lating to motor vehicle franchise con- body that was passed by a vote of 56 to expeditiously, and share the frustra- tracts; that it be considered under the 42, I believe as an amendment on the tion they are feeling as religious and following limitation: Defense authorization bill last year; moral leaders? Two hours for debate on the bill am I correct? Does the Senator feel we have an im- equally divided between the chairman Mr. DASCHLE. The Senator is cor- portant responsibility to get to this and the ranking member of the Judici- rect. We have addressed this legislation legislation and consider it and take ac- ary Committee; one relevant amend- in the past. As I will make known for tion and do it in an expedited manner? Mr. DASCHLE. Mr. President, the ment for each leader or their designee; the record, this is identical legislation Senator from Massachusetts has asked that there be 1 hour of debate on each to what was passed before. It is legisla- some very good questions. tion we will take up either under a amendment equally divided in the I share his frustration and his utter usual form; that no other amendments unanimous consent agreement or dismay that a bill of this importance be in order; and that upon the disposi- through a motion to proceed at some would have difficulty passing the Sen- tion of the amendments and the use or point in the not too distant future. ate right now. How can anyone be op- yielding back of time, the bill be read My hope was we could work out ar- posed to a bill that is already sup- a third time and the Senate vote on rangements whereby we could expedite ported by 500 organizations? How can final passage, without any intervening the consideration of the legislation. As anyone be opposed to a bill that has al- action or debate. the Senator has accurately noted, we ready passed on an overwhelming The PRESIDING OFFICER. Is there have addressed this successfully in the basis—in one case, unanimously? objection? past and it is critical that we have an How can anyone be opposed to a bill The Senator from Virginia. opportunity once again to ensure that that addresses the fact that almost Mr. ALLEN. On behalf of our leader, this time the legislation does not die in every day at least three hate crimes on I object. conference. That is what happened. The the average are committed? How can The PRESIDING OFFICER. The ob- amendment was dropped in the con- anyone be opposed to a bill with the jection is heard. ference committee, even though the title Local Law Enforcement Enhance- f Senate had passed on a bipartisan basis ment Act? For the life of me, I don’t this bill as an amendment to the De- understand. UNANIMOUS CONSENT REQUEST— fense authorization legislation. S. 625 At the end of the day, whatever day Mr. KENNEDY. I stand corrected. it is, this legislation will pass. It will Mr. DASCHLE. Mr. President, I ask The vote was 57 to 42 in the Senate. As pass the easy way or the hard way, but unanimous consent that the Majority the Senator knows, we passed this on a it will pass. We will not adjourn with- leader, after consultation with the Re- UC in 1999 by 57 to 42. It has been re- out having passed this legislation. It is publican leader, may turn to the con- ported out of the Judiciary Committee that critical. The time has come and sideration of S. 625, the Local Law En- 12 to 7. In a vote on this issue in the gone for delay, for explanation, for ex- forcement Enhancement Act, and that House of Representatives, there were cuse, for anything else. There is no rea- it be considered under the following 232 Republicans and Democrats alike son why this legislation should not limitations: who effectively supported it. pass by an overwhelming bipartisan There be 4 hours of debate on the bill I ask the Senator a final question. margin. equally divided between the chairman This past week we had one of the most I appreciate the comments of the and the ranking member of the Judici- extraordinary events that we experi- Senator from Massachusetts and his ary Committee; that each leader or ence annually, when the police officers extraordinary leadership in this issue. I their designee be permitted to offer gather on the westside of the Capitol. join in acknowledging the importance two relevant first-degree amendments; The names were read of 233 officers who of this legislation and asking our col- that there be a time limitation of 1 died in the line of the duty, a good part leagues to join in ensuring its passage. hour for debate on each first-degree of those who died in the terrorist acts. Mr. KENNEDY. Those assurances, amendment; that no second-degree No one asked those law enforcement of- Mr. President, are enormously impor- amendments be in order prior to a ficials what their race was, what their tant and a tribute to all Americans, failed motion to table; that if a second- ethnicity was, what their religion or one of the great challenges to free our- degree amendment is offered, it be rel- sexual orientation was. They died. selves from all forms of discrimination. evant to the first-degree and be limited We all take a great sense of pride in I acknowledge the strong support and to 30 minutes for debate; that upon the their service to this country. We have leadership of Senator GORDON SMITH, a disposition of the amendments and the all taken a great sense of pride in the prime mover on this among our Repub- use or yielding back of time, the bill be work of selfless individuals who tried lican colleagues. Also, Senator SPEC- read a third time and the Senate vote to help the victims during this period: TER has been a very strong supporter.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.041 pfrm15 PsN: S17PT1 S4526 CONGRESSIONAL RECORD — SENATE May 17, 2002 This is a matter of conscience and a de- more and more Senators become aware cause I believe it is much more than a fining value for us as a society. that hate crimes impact every commu- Democratic priority. It ought to be a Since the tragedies of September 11, nity, every neighborhood and every national priority. a new spirit has grown across Amer- family across the nation. The Local Law Enforcement En- ica—one where individuals and commu- We can and should pass this legisla- hancement Act would assist State and nities come together to help those in tion swiftly. Not another day should local authorities when a hate crime need. We have praised the brave ac- pass before we take action to fight and such as the Shenandoah murders oc- tions of the firefighters and police offi- prevent these senseless acts of vio- curs within their jurisdiction. The bill cers who gave their lives to save oth- lence. would expand current Federal protec- ers, and we have done so without in- I thank the leadership for giving the tions against hate crimes based on quiring about their sexual orientation, American people the assurances we will race, religion, and national origin. It gender, race, or religion. We appro- take action on this legislation. would amend the criminal code to priately call heroes the men and Mr. DASCHLE. I thank the Senator cover hate crimes based on gender, sex- women who, without regard for their again for his presence on the floor and ual orientation, and disability. It own lives, saved the lives of strangers— his strong statement. would authorize grants for State and and we have never asked if they were I add a couple of additional thoughts. local programs designed to combat and gay or lesbian; African American, In 1996, two women were found mur- prevent hate crimes, and help the Fed- Asian American, White, or Latino. It is dered, their hands bound, their throats eral Government to assist State and important to take this spirit to the cut, just off the Appalachian trail in local law enforcement officials inves- next level, to come together as a na- Shenandoah National Park. Their tigating and prosecuting hate crimes. tion to stop the perpetration of sense- deaths were profound tragedies for I might say, Mr. President, this is di- less act of violence against individuals those families and their loved ones. rected just as much at those who are because of the religion they practice, They also sparked a wave of fear the perpetrators of hate for reasons of the color of their skin or their sexual among women and the gay community, religion. There is a rising and dis- orientation. that what happened to those two concerting trend in anti-Semitism in Hate crimes are a national disgrace— hikers could just as easily happen to this country that also ought to be ad- an attack on everything this country them. dressed. Hate crimes are committed in stands for. Attorney General Ashcroft That response, that fear, is exactly the name of anti-Semitism just as they recently compared the fight against what makes hate crimes different from are committed with other motivations. hate crimes to the fight against ter- all other crimes. They target individ- Those who profess to be concerned rorism, describing hate crimes as uals, but they intimidate and dehu- about anti-Semitism in this country ‘‘criminal acts that run counter to manize entire groups of people. Last ought to be concerned about the pas- what is best in America—our belief in month, Attorney General Ashcroft an- sage of this legislation. That also is equality and freedom.’’ nounced that the defendant in this case why I am troubled by those who now Although America experienced a sig- will be tried using the Hate Crimes choose, for whatever reason, to oppose nificant drop in violent crime during Sentencing Enhancement Act. This is this unanimous consent request and the 1990s, the number of hate crimes the first time a Federal murder pros- oppose moving this legislation forward. has continued to grow. In fact, accord- ecution will use this provision of the In the fall of 2000 this same legisla- ing to FBI statistics, in 2000 there were law. tion passed the Senate as an amend- nearly 8,000 reported hate crimes com- At his press conference announcing ment to the Department of Defense au- mitted in the United States. That’s the indictments, Attorney General thorization bill, as we noted just a over 20 hate crimes per day, every day. Ashcroft said: minute ago. There is no more need to Hate crimes send a poisonous mes- Criminal acts of hate run counter to what delay. If we could pass it before, we can sage that some Americans are second is best in America—our belief in equality and pass it again. We know the need is class citizens who deserve to be victim- freedom. clear, the support is there. It is time to ized solely because of their race, their Attorney General Ashcroft is abso- finish the job we started 2 years ago. ethnic background, their religion, their lutely right. Americans know that hate We need to pass the Local Law En- sexual orientation, their gender or crimes injure the victim, the commu- forcement Enhancement Act and pass their disability. These senseless crimes nity, and the entire Nation. No one it quickly. should be attacked simply because of have a destructive and devastating im- f pact not only on individual victims, his or her race, religion, gender, phys- but entire communities. If America is ical disabilities, or sexual orientation. MOTOR VEHICLE FRANCHISE CON- to live up to its founding ideals of lib- However, it is ironic to hear the Attor- TRACT ARBITRATION FAIRNESS erty and justice for all, combating hate ney General say that the Department ACT crimes must be a national priority. of Justice will aggressively inves- Mr. DASCHLE. Mr. President, I am Yet for too long, the federal govern- tigate, prosecute, and punish criminal concerned that there has been a Repub- ment has been forced to stand on the acts of violence motivated by hate and lican objecting to considering the sidelines in the fight against these intolerance. It is ironic because the Motor Vehicle Franchise Contract Ar- senseless acts of hate and violence. The only reason the Attorney General is bitration Fairness Act, S. 1140. Senator hate crimes bill will change that by able to pursue this case in this manner LOTT and I are cosponsors of this bill to giving the Justice Department greater is because the two women were on Fed- provide basic fairness to many small ability to investigate and prosecute eral property when the crime was com- businesses in Mississippi and South Da- these crimes, and to help the states do mitted. Had this tragedy occurred out- kota, and thousands more across the so as well. Now is the time for Congress side the National Park, it would have country. to speak with one voice, insisting that been up to the State and local authori- This legislation enjoys exceptional all Americans will be guaranteed the ties, and the sentencing enhancement bipartisan support. In fact, more than equal protection of the laws. We must that the Justice Department is seeking 60 Senators have cosponsored the pay more than lip service to this core would not have even been a possibility. Motor Vehicle Franchise Contract Ar- principle of our democracy. We must As Senator KENNEDY has said, until bitration Fairness Act, including, I give those words practical meaning in we pass the hate crimes legislation might add, the chairman and ranking our modern society. No Americans pending before Congress, the promise members of the Judiciary Committee. should feel that they are second-class to aggressively prosecute hate crimes It enjoys such exceptional bipartisan citizens because Congress refuses to is an empty promise. For several years support because it restores funda- protect them against hate crimes. now we have attempted to pass the mental fairness to the automobile fran- S. 625 is the same bipartisan bill hate crimes legislation that he and chising process. passed two years ago with 57 votes. others have introduced. I included it as Today, large automobile manufactur- Over the last 2 years, support for pas- part of our leadership bills introduced ers are forcing small business auto- sage of this bill has only grown, as at the beginning of this Congress be- mobile dealers to sign away their legal
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.043 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4527 rights as a condition of entering into a (Purpose: To prohibit a country that has not not help any country that works franchise agreement. These franchise taken steps to support the United States against our interests in other ways. contracts are presented by the auto- efforts to combat terrorism from receiving For this reason, we have established, mobile manufacturers as a ‘‘take it or certain trade benefits, and for other pur- in the underlying bill, conditions that poses) leave it’’ proposition, without any a country must meet in order to qual- room for good faith negotiations. It is Section 204(b)(5)(B) of the Andean Trade ify as a beneficiary. Conditions we have Preference Act, as amended by section 3102, wrong for one party to take advantage required in the past include that a ben- is amended by adding the following new eficiary not be a Communist-controlled of its raw negotiating power to limit clause: the legal rights of another party. ‘‘(viii) The extent to which the country has country. We have insisted that a coun- This bipartisan bill amends the Fed- taken steps to support the efforts of the try not be one that has or will expro- eral Arbitration Act to right this United States to combat terrorism. priate the property of U.S. citizens. wrong by simply reserving voluntary ‘‘Section 4102 is amended by striking the There must be a rule of law so that if arbitration to resolve disputes between matter preceding paragraph (1) and inserting an investment is made in that country, the following: the dealers and manufacturers. they will be safe from having it expro- ‘‘(a) ELIGIBILITY FOR GENERALIZED SYSTEM priated. Senator JOHNSON and I have heard OF PREFERENCES.—Section 502(b)(2)(F) of the In the Andean trade bill before us, we from many automobile dealers in Trade Act of 1974 (19 U.S.C. 2462(b)(2)(F)) is add several new conditions. For exam- amended by striking the period at the end South Dakota who agree with us that ple, we require that the President con- this is an important piece of legisla- and inserting ‘‘or such country has not taken steps to support the efforts of the United sider the extent to which countries are tion. They have had enough of being committed to the World Trade Organi- forced into accepting mandatory bind- States to combat terrorism.’’. ‘‘(b) DEFINITION OF INTERNATIONALLY REC- zation and are participating in negotia- ing arbitration clauses as part of their OGNIZED WORKER RIGHTS.—Section 507(4) of tions for a Free Trade Area of the franchise contracts. They are just the Trade Act of 1974 (19 U.S.C. 2467(4)) is Americas. This will ensure their com- small business owners trying to keep amended—’’. mitment to free trade. their legal rights and make a living. Mrs. HUTCHISON. Mr. President, I The President also must consider the South Dakota automobile dealers tell am introducing an amendment to the extent to which they have helped us in me they just want to be treated fairly, trade package that is currently before our counter-narcotics efforts and anti- and they should be treated fairly. us. I strongly support the intent of corruption efforts before providing I hope the minority will soon allow both the Andean Trade Preference Act these trade benefits. These and other the Senate to consider the bipartisan and the Generalized System of Pref- conditions play an important role in act. This matter is a matter of basic erences. These programs seek to help ensuring we do not help countries that fairness for thousands of small business the Andean countries of Bolivia, Co- may turn around and work against us owners across the country. The time lombia, Ecuador, Peru, and other de- or our citizens in the future. has come for the majority of the Sen- veloping nations, by applying pref- As I reviewed the list of criteria we ate to be heard on this important issue. erential treatment to their exports. We have established, I noticed a glaring Mr. President, I see no one who is agree to reduce or eliminate tariffs on omission. We are in the middle of a war seeking recognition, so I yield the floor imports from these countries in order on terrorism, yet there is no require- and suggest the absence of a quorum. to help them develop a stronger econ- ment that a country support our ef- The PRESIDING OFFICER. The omy. forts in this battle for freedom. It is clerk will call the roll. These programs benefit both sides. clear we cannot win this war alone. We The legislative clerk proceeded to They improve the lives of the exporting need the help of our friends around the call the roll. countries’ citizens through improved world to track down terrorists and cut Mrs. HUTCHISON. Mr. President, I economic opportunities that result off funds. More than $100 million in as- sets of terrorists and their supporters ask unanimous consent the order for from open access to the U.S. market— have been frozen around the world. The the quorum call be rescinded. the best market in the world. For example, since the Andean Trade United States has frozen about $30 mil- The PRESIDING OFFICER (Mr. lion of this money. The rest has been WYDEN). Without objection, it is so or- Preference Act went into effect in 1991, the Andean nations have experienced cut off by various allies. dered. We need cooperation like this to de- $3.2 billion in new output and $1.7 bil- feat this enemy. Therefore, I am offer- lion in new exports. This has led to the f ing an amendment to the trade pack- creation of more than 140,000 legiti- age that establishes a requirement that mate jobs in the region. ANDEAN TRADE PREFERENCE a country support our efforts in the But this act expires, and we must EXPANSION ACT—Continued war on terrorism in order to receive renew it. These programs help the beneficiary status under the Andean Mrs. HUTCHISON. Mr. President, I United States by developing better Trade Preference Agreement or Gener- ask the pending amendment be set markets for our exports. If we can help alized System of Preferences. aside for the purpose of introducing an developing countries increase economic The kind of help each country can amendment. growth and prosperity, they, inevi- give to us will vary, and it may depend The PRESIDING OFFICER. Without tably, will demand more imports, on the circumstances a particular objection, it is so ordered. which provide U.S. manufacturers with country faces and the opportunities AMENDMENT NO. 3441 TO AMENDMENT NO. 3401 more consumers for our products. This, presented to that country. Some will Mrs. HUTCHISON. Mr. President, I of course, is good for the U.S. economy. help us militarily. Some will help cut send an amendment to the desk and Another important benefit from the off funds. Others will share intel- ask for its consideration. Andean Trade Preference Act is that ligence. Some may do so publicly, oth- by providing people of these regions The PRESIDING OFFICER. The ers privately. It is even possible that a with employment opportunities in le- clerk will report. country might not have the oppor- gitimate businesses, they will, hope- tunity to provide us with anything but The assistant legislative clerk read fully, not participate in the narcotic as follows: moral support. So I do not think it is business that is rampant in parts of appropriate to specify the kind of help The Senator from Texas [Mrs. HUTCHISON] those areas. This will contribute to the a country must give. But I do believe proposes an amendment numbered 3441 to stability of their region and the sta- amendment No. 3401. we must make it clear that we expect bility of our hemisphere. any country receiving these pref- Mrs. HUTCHISON. I ask unanimous It is clear that the Andean Trade erences to do what they can, and what consent the reading of the amendment Preference Act and the Generalized they are requested to do, and that the be dispensed with. System of Preferences help both sides. President take that into consideration The PRESIDING OFFICER. Without Since we are giving a benefit to these when determining these preferences. objection, it is so ordered. countries, we are also asking some- I hope my colleagues will support The amendment is as follows: thing in return, to ensure that we do this effort to ensure that we are able to
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.046 pfrm15 PsN: S17PT1 S4528 CONGRESSIONAL RECORD — SENATE May 17, 2002 prosecute this critical war effectively The assistant legislative clerk read When the U.S. Trade Ambassador de- with the help of nations that will ben- as follows: cided that our farmers were victims of efit from our preferential treatment. The Senator from North Dakota [Mr. DOR- unfair trade from Canada, his office Also, as we increase commerce with GAN] proposes an amendment numbered 3442 said they were committed to four trade these countries—which we surely will to amendment No. 3401. remedies, but they would explicitly not because of these good trade agree- Mr. DORGAN. Mr. President, I ask impose tariff rate quotas as a penalty ments—we want to make sure they are unanimous consent reading of the on the Canadians. They said, instead, cooperating so that they will help us amendment be dispensed with. that they would pursue other ap- keep any contraband product out of The PRESIDING OFFICER. Without proaches. America, as we would also expect not objection, it is so ordered. First, they say they will take the Ca- to take contraband into their country. The amendment is as follows: nadians to the WTO. Of course, that So I think these are good additions (Purpose: To require the United States Trade to this bill. We have certain conditions Representative to identify effective trade means years and years and years of already. We are in the fight for our life remedies to address the unfair trade prac- talk, and likely no action. for the freedom of our country, and we tices of the Canadian Wheat Board) Second, they said they would exam- want every country with whom we At the appropriate place, insert the fol- ine the possibility of initiating U.S. have commerce, and where there is an lowing: countervailing duty and antidumping SEC. ll. TRADE REMEDIES WITH RESPECT TO petitions. They can self-initiate those ingress and an egress, to work with us CANADIAN WHEAT. to make sure we do not have any kind (a) FINDINGS.—Congress makes the fol- cases. I don’t think they will. They sel- of terrorist activity in our country or lowing findings: dom ever self-initiate countervailing in our hemisphere. (1) On February 15, 2002, the United States duty or antidumping cases. I hope they We have already suffered enough. Trade Representative issued an affirmative do. I would encourage them to do it. September 11 has changed our way of finding under section 301 of the Trade Act of But I am not holding my breath. I ex- life. It has changed our attitude. It has 1974 that the acts, policies, and practices of pect they will—as most trade officials changed so much about what is nec- the Government of Canada and the Canadian have over decades and decades—fail to Wheat Board are unreasonable and burden or essary to protect our country. So we restrict United States commerce. self-initiate such a remedy. must ask every country—especially (2) In its section 301 finding, the United Third is to identify specific impedi- countries in this hemisphere, but every States Trade Representative expressed a de- ments preventing United States wheat country—that we will have trade with, sire for long-term reform of the Canadian from entering Canada and present and commerce with, countries where Wheat Board. However, since concluding on these to the Canadians. Well, these im- we will go in and out, and work with February 15, 2002, that the Canadian Govern- pediments have been around for a long them on a basis of trust, to help us in ment and the Canadian Wheat Board are en- gaged in unfair trade practices, the United while. I have seen them firsthand in a whatever way we request. trip I took to the Canadian border, I think it is little to ask, and cer- States Trade Representative has not under- riding in a little orange truck with a tainly it will be in their best interest, taken any initiative to seek reform of the Canadian Wheat Board. Moreover, the United friend of mine. We were stopped at the as well as ours, for terrorists not to States Trade Representative has not imposed border and couldn’t take the durum come in and be active in their coun- any trade remedy that would provide United wheat into Canada. We did it just as a tries. That will hurt them in their ef- States wheat farmers with prompt relief demonstration. All the way to the bor- forts to represent their people and have from the unfair trade practices. der, we found Canadian 18-wheel trucks free markets in their countries. (b) SENSE OF CONGRESS.—It is the sense of So I hope that my colleagues will Congress that the United States Trade Rep- bringing wheat south, but you couldn’t support this amendment at the appro- resentative should identify specific trade get any wheat into Canada. I think the priate time. I will certainly speak later remedies that will provide United States Canadians know all about the impedi- wheat farmers with prompt relief from the ments they have erected they don’t as we move on with this bill. unfair trade practices of the Canadian Wheat I certainly hope we are going to pass need to have the U.S. trade ambassador Board in addition to efforts to seek long- coming to them with a list. this bill. The Andean Trade Pref- term reform of the Canadian Wheat Board. erences and the General System of (c) REPORTING REQUIREMENT.—No later Fourth, the trade ambassador hopes Preferences are so important to our than October 1, 2002, the United States Trade to seek a solution to the problem of the country. There are 130 free trade agree- Representative shall report to Congress a WTO agricultural negotiations, which ments in the world. The United States specific plan for implementation of specific are scheduled to be completed by 2005. trade remedies to provide United States is party to only 3. That hurts our ex- wheat farmers with prompt, real relief from A fair number of farmers will be out of porters. It hurts our jobs market. And the unfair trade practices of the Canadian business by then. My amendment today it hurts countries that we could do Wheat Board, and a specific timetable to says what we would like is that a rem- more trade with if we did not have the seek long-term reform of the Canadian edy be provided sooner than that. tariffs that would keep prices from Wheat Board, ensuring that there is no undue delay. You know, when the U.S. Trade Am- being as low as possible for all of our bassador announced that he was not Mr. DORGAN. Mr. President, I will consumers. willing to impose tariff rate quotas at describe this amendment very briefly. So we need this bill. We need to give this time, here is what the president of It deals with the wheat trade dispute the President the ability to promote the Canadian Wheat Board president trade and to make trade agreements. I we have had with Canada. Wheat growers in my State, on behalf said: ‘‘Since the United States did not hope we will move on toward finishing impose tariffs, we have successfully this bill next week and giving the of wheat growers all around our coun- try, brought a Section 301 case alleging come through our ninth trade chal- President another tool to open markets lenge.’’ In other words, he said that the and strengthen our economy and help unfair wheat trade by Canada. Following an investigation by the fact that the United States found them other countries strengthen theirs. guilty of violating trade rules meant Mr. President, I ask unanimous con- International Trade Commission, the nothing, because no tariffs have been sent that my amendment be laid aside U.S. Trade Ambassador’s office came to imposed. so that we can have other amendments the following conclusion, and I quote: offered through the day. The [Canadian Wheat Board] has taken Well, that does not sit right with me. The PRESIDING OFFICER. Without sales from U.S. farmers and is able to do so My amendment expresses the sense of objection, it is so ordered. because it is insulated from commercial Congress that prompt action is in The Senator from North Dakota. risks, benefits from subsidies, has a pro- order. And it sets forth a reporting re- tected domestic market and special privi- AMENDMENT NO. 3442 TO AMENDMENT NO. 3401 leges, and has competitive advantages due to quirement: No later than October 1, Mr. DORGAN. Mr. President, I send its monopoly control over a guaranteed sup- 2002, the United States Trade Rep- an amendment to the desk and ask for ply of wheat. The wheat trade problem is resentative shall report to the Con- its immediate consideration. long-standing and affects the entire U.S. gress, first, a plan for implementation The PRESIDING OFFICER. Without wheat industry. of specific trade remedies to provide objection, it is so ordered. The clerk That is from the U.S. Trade Ambas- United States wheat farmers with will report. sador’s office. prompt relief from the unfair trade
VerDate May 14 2002 01:58 May 18, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.049 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4529 practices of the Canadian Wheat Board pensation is not required for regulatory effectively enforce its environmental or and, second, a specific timetable to measures that cause a mere diminution in labor laws; seek long-term reform of the Canadian the value of private property; (B) to ensure that parties to a trade agree- Wheat Board, ensuring there is no (F) ensure that standards for minimum ment reaffirm their obligations as members treatment, including the principle of fair and of the ILO and their commitments under the undue delay. equitable treatment, shall grant no greater ILO Declaration of Fundamental Principles It is just not acceptable for the U.S. legal rights than United States citizens pos- and Rights at Work and its Follow-up; Trade Representative to tell U.S. farm- sess under the due process clause of the (C) to ensure that the parties to a trade ers who put together their own money United States Constitution; agreement ensure that their laws provide for to file expensive 301 petitions: Yes, you (G) provide that any Federal, State, or labor standards consistent with the ILO Dec- are right that Canada is playing un- local measure that protects public health, laration of Fundamental Principles and fairly, but we are not going to do any- safety and welfare, the environment, or pub- Rights at Work and the internationally rec- thing about it anytime soon. lic morals is consistent with the agreement ognized labor rights set forth in section 13(2) unless a foreign investor demonstrates that and constantly improve those standards in This amendment says we demand ac- the measure was enacted or applied pri- that light; tion. We will expect a report on Octo- marily for the purpose of discriminating (D) to ensure that parties to a trade agree- ber 1 from the trade ambassador about against foreign investors or investments, or ment do not weaken, reduce, waive, or other- what specific remedies he will propose demonstrates that the measure violates a wise derogate from, or offer to waive or dero- on behalf of American farmers who are standard established in accordance with sub- gate from, their labor laws as an encourage- now victims of this unfair trade. paragraph (E) or (F); ment for trade; I yield the floor and suggest the ab- (H) ensure that— (E) to create a general exception from the sence of a quorum. (i) a claim by an investor under the agree- obligations of a trade agreement for— ment may not be brought directly unless the (i) Government measures taken pursuant The PRESIDING OFFICER. The investor first submits the claim to an appro- to a recommendation of the ILO under Arti- clerk will call the roll. priate competent authority in the investor’s cle 33 of the ILO Constitution; and The assistant legislative clerk pro- country; (ii) Government measures relating to goods ceeded to call the roll. (ii) such entity has the authority to dis- or services produced in violation of any of Mr. REID. Mr. President, I ask unan- approve the pursuit of any claim solely on the ILO core labor standards, including free- imous consent that the order for the the basis that it lacks legal merit; and dom of association and the effective recogni- quorum call be rescinded. (iii) if such entity has not acted to dis- tion of the right to collective bargaining (as The PRESIDING OFFICER. Without approve the claim within a defined period of defined by ILO Conventions 87 and 98); the time, the investor may proceed with the elimination of all forms of forced or compul- objection, it is so ordered claim; sory labor (as defined by ILO Conventions 29 Mr. REID. Mr. President, I ask unan- (I) improve mechanisms used to resolve and 105); the effective abolition of child labor imous consent that the pending amend- disputes between an investor and a govern- (as defined by ILO Conventions 138 and 182); ment be set aside so I might offer ment through— and the elimination of discrimination in re- amendments on behalf of other Sen- (i) procedures to ensure the efficient selec- spect of employment and occupation (as de- ators, and that in each instance the tion of arbitrators and the expeditious dis- fined by ILO Conventions 100 and 111); and amendments to be set aside and, once position of claims; (F) to ensure that— the amendment has been reported by (ii) procedures to enhance opportunities for (i) all labor provisions of a trade agree- public input into the formulation of govern- ment are fully enforceable, including re- number, the reading be dispensed with. ment positions; and course to trade sanctions; The PRESIDING OFFICER. Without (iii) establishment of a single appellate (ii) the same enforcement mechanisms and objection, it is so ordered. body to review decisions in investor-to-gov- penalties are available for the commercial AMENDMENT NO. 3430 TO AMENDMENT NO. 3401 ernment disputes and thereby provide coher- provisions of an agreement and for the labor Mr. REID. Mr. President, on behalf of ence to the interpretations of investment provisions of the agreement; and provisions in trade agreements; and (iii) trade unions from all countries that Senator KERRY, I call up amendment (J) ensure the fullest measure of trans- are party to a dispute over the labor provi- No. 3430. parency in the dispute settlement mecha- sions of the agreement can participate in the The PRESIDING OFFICER. The nism, to the extent consistent with the need dispute process; clerk will report. to protect information that is classified or (G) to strengthen the capacity of United The assistant legislative clerk read business confidential, by— States trading partners to promote respect as follows: (i) ensuring that all requests for dispute for core labor standards (as defined in sec- settlement are promptly made public; tion 13(2)); The Senator from Nevada [Mr. REID], for (ii) ensuring that— (H) to strengthen the capacity of United Mr. KERRY, proposes an amendment num- bered 3430 to amendment No. 3401. (I) all proceedings, submissions, findings, States trading partners to protect the envi- and decisions are promptly made public; ronment through the promotion of sustain- The amendment is as follows: (II) all hearings are open to the public; and able development; (Purpose: To ensure that any artificial trade (III) establishing a mechanism for accept- (I) to reduce or eliminate government distorting barrier relating to foreign in- ance of amicus curiae submissions from busi- practices or policies that unduly threaten vestment is eliminated in any trade agree- nesses, unions, nongovernmental organiza- sustainable development; ment entered into under the Bipartisan tions, and other interested parties. (J) to seek market access, through the Trade Promotion Authority Act of 2002) The PRESIDING OFFICER. The elimination of tariffs and nontariff barriers, Section 2102(b) is amended by striking amendment is set aside. for United States environmental tech- paragraph (3) and inserting the following nologies, goods, and services; and AMENDMENT NO. 3415 TO AMENDMENT NO. 3401 (K) to ensure that labor, environmental, new paragraph: Mr. REID. On behalf of Senator (3) FOREIGN INVESTMENT.—The principal ne- health, or safety policies and practices of the gotiating objective of the United States re- TORRICELLI, I call up amendment No. parties to trade agreements with the United garding foreign investment is to reduce or 3415. States do not arbitrarily or unjustifiably dis- eliminate artificial or trade distorting bar- The PRESIDING OFFICER. The criminate against United States exports or riers to trade-related foreign investment. A clerk will report. serve as disguised barriers to trade. trade agreement that includes investment The assistant legislative clerk read The PRESIDING OFFICER. The provisions shall— as follows: amendment is set aside. (A) reduce or eliminate exceptions to the The Senator from Nevada [Mr. REID], for AMENDMENT NO. 3443 TO AMENDMENT NO. 3401 principle of national treatment; Mr. TORRICELLI, proposes an amendment Mr. REID. Mr. President, on behalf of (B) provide for the free transfer of funds re- numbered 3415 to Amendment No. 3401. lating to investment; Senator REED of Rhode Island, I call up (C) reduce or eliminate performance re- The amendment is as follows: amendment No. 3443. quirements, forced technology transfers, and (Purpose: To amend the labor provisions to The PRESIDING OFFICER. The other unreasonable barriers to the establish- ensure that all trade agreements include clerk will report. ment and operation of investments; meaningful, enforceable provisions on The assistant legislative clerk read workers’ rights) (D) ensure that foreign investors are not as follows: granted greater legal rights than citizens of On page 244, beginning on line 19, strike all the United States possess under the United through page 246, line 15, and insert the fol- The Senator from Nevada [Mr. REID], for States Constitution; lowing: Mr. REED, proposes an amendment numbered (E) limit the provisions on expropriation, (A) to ensure that a party to a trade agree- 3443 to amendment No. 3401. including by ensuring that payment of com- ment with the United States does not fail to The amendment is as follows:
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.052 pfrm15 PsN: S17PT1 S4530 CONGRESSIONAL RECORD — SENATE May 17, 2002
(Purpose: To restore the provisions relating (Purpose: To require the ITC to give notice (1) FARMERS.—Section 294 of the Trade Act to secondary workers) of section 202 investigations to the Sec- of 1974, as added by section 401, is amended On page 9, beginning on line 24, strike all retary of Labor, and for other purposes) to read as follows: through page 10, line 9, and insert the fol- At the end of title VII, insert the fol- ‘‘SEC. 294. NOTIFICATION BY INTERNATIONAL lowing: lowing: TRADE COMMISSION. ‘‘(11) DOWNSTREAM PRODUCER.—The term SEC. 702. NOTIFICATION BY ITC. ‘‘(a) NOTIFICATION OF INVESTIGATION.— ‘downstream producer’ means a firm that (a) IN GENERAL.—Section 225 of the Trade Whenever the International Trade Commis- performs additional, value-added production Act of 1974, as added by section 111, is amend- sion (in this chapter referred to as the ‘Com- processes, including a firm that performs ed to read as follows: mission’) begins an investigation under sec- final assembly, finishing, or packaging of ar- ‘‘SEC. 225. NOTIFICATION BY INTERNATIONAL tion 202 with respect to an agricultural com- ticles produced by another firm.’’ TRADE COMMISSION. modity, the Commission shall immediately On page 12, beginning on line 19, strike all ‘‘(a) NOTIFICATION OF INVESTIGATION.— notify the Secretary of the investigation. through line 24, and insert the following: Whenever the International Trade Commis- ‘‘(b) NOTIFICATION OF AFFIRMATIVE DETER- ‘‘(24) SUPPLIER.—The term ‘supplier’ means sion begins an investigation under section MINATION.—Whenever the Commission makes a firm that produces component parts for, or 202 with respect to an industry, the Commis- a report under section 202(f) containing an articles considered to be a part of, the pro- sion shall immediately notify the Secretary affirmative finding regarding serious injury, duction process for articles produced by a of that investigation. or the threat thereof, to a domestic industry firm or subdivision covered by a certification ‘‘(b) NOTIFICATION OF AFFIRMATIVE FIND- producing an agricultural commodity, the of eligibility under section 231. The term ING.—Whenever the International Trade Commission shall immediately notify the ‘supplier’ also includes a firm that provides Commission makes a report under section Secretary of that finding.’’. 202(f) containing an affirmative finding re- services under contract to a firm or subdivi- (2) FISHERMEN.—Section 299C of the Trade sion covered by such certification.’’ garding serious injury, or the threat thereof, Act of 1974, as added by section 501, is amend- to a domestic industry, the Commission ed to read as follows: The PRESIDING OFFICER. The shall immediately notify the Secretary of amendment is set aside. that finding.’’. ‘‘SEC. 299C. NOTIFICATION BY INTERNATIONAL TRADE COMMISSION. AMENDMENT NO. 3440 TO AMENDMENT NO. 3401 (b) INDUSTRY-WIDE CERTIFICATION.—Section 231(c) of the Trade Act of 1974, as added by ‘‘(a) NOTIFICATION OF INVESTIGATION.— Mr. REID. Mr. President, on behalf of section 111, is amended by adding at the end Whenever the International Trade Commis- Senator NELSON of Florida, I call up the following new paragraph: sion (in this chapter referred to as the ‘Com- amendment No. 3440. ‘‘(5) INDUSTRY-WIDE CERTIFICATION.—If the mission’) begins an investigation under sec- The PRESIDING OFFICER. The Secretary receives a petition under sub- tion 202 with respect to fish or a class of fish, clerk will report. section (b)(2)(E) on behalf of all workers in a the Commission shall immediately notify The assistant legislative clerk read domestic industry producing an article or re- the Secretary of the investigation. as follows: ceives 3 or more petitions under subsection ‘‘(b) NOTIFICATION OF AFFIRMATIVE DETER- (b)(2) within a 180-day period on behalf of MINATION.—Whenever the Commission makes The Senator from Nevada [Mr. REID], for groups of workers producing the same arti- a report under section 202(f) containing an Mr. NELSON of Florida, proposes an amend- cle, the Secretary shall make a determina- affirmative finding regarding serious injury, ment numbered 3440 to amendment No. 3401. tion under subsections (a)(1) and (c)(1) of this or the threat thereof, to a domestic industry The amendment is as follows: section with respect to the domestic indus- producing fish or a class of fish, the Commis- (Purpose: To limit tariff reduction authority try as a whole in which the workers are or sion shall immediately notify the Secretary on certain products) were employed.’’. of that finding.’’. At the end of section 2103(a), insert the fol- (c) COORDINATION WITH OTHER TRADE PROVI- The PRESIDING OFFICER. The SIONS.— lowing new paragraph: amendment is set aside. (1) RECOMMENDATIONS BY ITC.— (8) PRODUCTS SUBJECT TO ANTIDUMPING AND (A) Section 202(e)(2)(D) of the Trade Act of f COUNTERVAILING DUTY ORDERS.—Paragraph (1)(A) shall not apply to a product that is the 1974 (19 U.S.C. 2252(e)(2)(D)) is amended by striking ‘‘, including the provision of trade ORDER FOR RECORD TO REMAIN subject of an antidumping or countervailing OPEN UNTIL 2 P.M. duty order at the time of the agreement re- adjustment assistance under chapter 2’’. ferred to in paragraph (1), unless the agree- (B) Section 203(a)(3)(D) of the Trade Act of Mr. REID. Mr. President, I ask unan- ment provides that as a term, condition, or 1974 (19 U.S.C. 2252(a)(3)(D)) is amended by imous consent that the record remain qualification of the tariff concession, the striking ‘‘, including the provision of trade open today until 2:00 p.m. for the intro- adjustment assistance under chapter 2’’. tariff reduction will not be implemented be- duction of legislation and the submis- SSISTANCE FOR WORKERS.—Section fore the date that is 1 year after the date of (2) A 203(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. sion of statements. the termination or revocation of such anti- 2252(a)(1)(A)) is amended to read as follows: The PRESIDING OFFICER. Without dumping or countervailing duty order with ‘‘(A) After receiving a report under section objection, it is so ordered. respect to all exporters of such product. 202(f) containing an affirmative finding re- f At the end of section 2103(b), insert the fol- garding serious injury, or the threat thereof, lowing new paragraph: to a domestic industry— MORNING BUSINESS (4) PRODUCTS SUBJECT TO ANTIDUMPING AND ‘‘(i) the President shall take all appro- COUNTERVAILING DUTY ORDERS.—Paragraph priate and feasible action within his power; Mr. REID. Mr. President, I ask unan- (1) shall not apply to a product that is the and imous consent that the Senate proceed subject of an antidumping or countervailing ‘‘(ii) the Secretary of Labor, the Secretary to a period of morning business with duty order at the time of the agreement re- of Agriculture, or the Secretary of Com- Senators allowed to speak therein for a ferred to in paragraph (1), unless the agree- merce, as appropriate, shall certify as eligi- period not to exceed 5 minutes each. ment provides that as a term, condition, or ble for trade adjustment assistance under qualification of the tariff concession, the The PRESIDING OFFICER. Without section 231(a), 292, or 299B, workers, farmers, objection, it is so ordered. tariff reduction will not be implemented be- or fishermen who are or were employed in fore the date that is 1 year after the date of the domestic industry defined by the Com- f termination or revocation of such anti- mission if such workers, farmers, or fisher- dumping or countervailing duty order with men become totally or partially separated, AFGHAN SECURITY FORCE respect to all exporters of such product. or are threatened to become totally or par- Mr. BIDEN. Mr. President, I rise to The PRESIDING OFFICER. The tially separated not more than 1 year before speak on a matter at the very heart of amendment is set aside. or not more than 1 year after the date on our war on terror: the deteriorating se- which the Commission made its report to the AMENDMENT NO. 3445 TO AMENDMENT NO. 3401 curity conditions in Afghanistan. If President under section 202(f).’’. Mr. REID. Mr. President, I call up (3) SPECIAL LOOK-BACK RULE.—Section current trends continue, we may soon amendment No. 3445, offered by Sen- 203(a)(1)(A) of the Trade Act of 1974 shall find that our hard-won success on the ator BAYH. apply to a worker, farmer, or fisherman if battlefield has melted away with the The PRESIDING OFFICER. The not more than 1 year before the date of en- winter snow. clerk will report. actment of the Trade Adjustment Assistance In the eastern part of the country, The assistant legislative clerk read Reform Act of 2002 the Commission notified brutal warlords are openly defying the as follows: the President of an affirmative determina- authority of the central government tion under section 202(f) of such Act with re- The Senator from Nevada [Mr. REID], for and slaughtering innocent civilians. spect the domestic industry in which such Mr. BAYH, proposes amendment No. 3445 to worker, farmer, or fisherman was employed. ‘‘Kill them all: men, women, chil- amendment No. 3401. (d) NOTIFICATION FOR FARMERS AND FISHER- dren, even the chickens.’’ Those were The amendment is as follows: MEN.— the orders of warlord Bacha Khan when
VerDate May 14 2002 01:58 May 18, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.017 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4531 a rival drove him out of the city of our money since December, when his ‘‘But particular factional fighting? I Gardez in January. Three weeks ago he troops stood by and let al-Qaeda ter- don’t think it’s for us to get into.’’ returned, and rained 200 rockets on the rorist escape from Tora Bora; many In the coming months, U.S. forces sorry city. About 30 civilians were U.S. military sources believe that will be even less able to serve as de killed and 70 others wounded, most of Osama bin Laden himself escaped, due facto peacekeepers. As large scale of- them women and children. Today, this to the double-dealing of Bacha Khan fensive operations shift to smaller thug’s tanks still occupy the streets of and his comrades. Granted, the war ef- scale Special Forces deployments, the Gardez, his bandits terrorize the inhab- fort in Afghanistan forces us to rely on number of U.S. troops available will itants of nearby Khost, and the central some unsavory characters. I am under drop accordingly. There are currently government can do nothing but watch. no illusions here. Sometimes, in war- about 7,000 American soldiers in Af- Chairman Karzai, the legitimate fare, you have got to make a deal with ghanistan—far too few to serve as leader of Afghanistan, sees his author- the Devil. But sometimes the Devil peacekeepers as well as warfighters— ity openly flouted, while his Defense just takes your money and laughs. and the assets are already being rede- Minister weighs the pros and cons of Bacha Khan is a perfect example. After ployed. In April the Pentagon cut its obeying his superior’s lawful orders. letting al-Qaeda troops escape from naval force commitment to Operation Meanwhile, the helpless governor of Tora Bora, he conned the U.S. military Enduring Freedom in half, to one car- the province warns that the chaos is into bombing his personal rivals—by rier and 2,000 marines afloat. This rapidly turning the local population labeling them al-Qaeda. month, eight B–1 bombers based in against both the Karzai administration He, and other warlords like him, are Oman began returning home to Dyess and America. He’s hardly alone: jour- supposedly helping us hunt down Air Force Base in Texas. The redeploy- nalists quote many local residents Taliban remnants, but with allies like ment says good things about our suc- blaming the United States for the dete- than, who needs enemies? I regret to cess against al-Qaeda—but does not rioration of security, and even longing say that this is exactly the question signal a strong commitment to stay for the order of the Taliban period. many Afghans are asking about us. The the course. ‘‘America has replaced the Taliban United States, and the world commu- Soon the crunch time could come in with the warlords,’’ one villager told nity, have pledged billions of dollars to a matter of months and our policy will the New York Times, ‘‘and what we the recovery of Afghanistan. But all be put to the test. As local warlords have is the death of innocents.’’ the money in the world won’t do much keep probing our resolve, we will either Nor is Gardez an isolated example. In good without one overriding thing: se- have to re-task more and more U.S. Mazar-e Sharif, at the other side of the curity. troops to de facto peacekeeping oper- country, clashes between two rival Anyone knows that without security, very ations, or we will have to retreat. warlords killed half a dozen people ear- little else is possible; humanitarian workers Wouldn’t it be better to let allies share lier this month. Both of these warlords can’t move around, internally displaced peo- the burden? An international security were, and still are, on the U.S. payroll, ple won’t go back to their homes, refugees force is clearly in our national inter- but that hasn’t brought a cessation of won’t return to the country, the Afghan di- est: if we want our military presence in violation. Just last week, the airport aspora won’t be willing to send money in and Afghanistan to be focused on fighting at Jalalabad came under missile at- send in themselves to try to help put struc- al-Qaeda and Taliban holdouts, we tack, for the first time since the ture back into that terribly war-torn nation. should be eager for other countries to Taliban vacated the city in November. This is not just my opinion; it is a di- What is going on? What happened to rect quote from Secretary of State take the lead in peacekeeping. We the images of Afghans dancing in the Rumsfeld, on April 22. So why does the should be lending our full support to street that we all remember from the administration steadfastly resist any ISAF expansion, to view it as a force- liberation of Kabul last fall? What hap- expansion of the U.N.-mandated Inter- multiplier. Instead, the administration pened to the widespread joy and opti- national Security Assistance force, or treats it as an impediment to ongoing mism that I encountered during my ISAF? operations. One administration source own visit to Afghanistan in January? Afghan leader Hamid Karzai, U.N. even described ISAF expansion as a Why are people actually looking back Secretary-General Kofi Annan, and ‘‘cancer that could metastasize’’ on the Taliban era with nostalgia rath- just about every expert on the map has throughout the country. Is it any sur- er than horror? It is simple: the very called for an expansion of ISAF, in prise, given this attitude, that other same conditions that enabled the both scope—it is currently confined to nations are reluctant to help fill the Taliban to come to power in the mid- Kabul—and tenure. Its mandate expires security void? Without strong, decisive 1990s are rapidly emerging again. Let’s long before the transition to demo- U.S. leadership, including, but not lim- remember why the Taliban were able cratic government is scheduled to take ited to, an ironclad commitment to to make their regime stick. It wasn’t place. back up our allies militarily if their their military prowess—we found that The long-term solution is to rebuild troops come under enemy attack, no out in November. It wasn’t the popu- Afghanistan’s army and police force, international force can possibly suc- larity of their oppressive ideology—we and we have taken our first steps in ceed. found that out last fall as well. What this process. But it can’t happen over- So what about option three—placing enabled the Taliban to hold power was night: it will take at least 18 months, our trust in the hands of the warlords? simply that, for a critical mass of the more likely several years, just to train Maybe we can bribe and cajole them Afghan people, they represented the and equip a barebones force capable of into turning themselves into good citi- least-bad option. For many Afghans, bringing basic order to the country. In zens. Maybe they will behave better in the cruel order of the Taliban was pref- the meantime, there are only three al- the future than they have in the past, erably to cruel of warlords. ternatives: having American troops to better than they are behaving today. And now this same disorder is over- serve as peacekeepers, building up a ro- Maybe—but I wouldn’t bet on it. Yet taking Afghanistan once again. Not bust international force, or permitting this bet—the wager that the warlords only is the United States failing to rein Afghanistan to revert to bloody chaos. will halt their deprivations during the in the warlords, we are actually mak- The first option can be described as 2 years before an Afghan army can be ing them the centerpiece of our strat- status quo-minus. U.S. forces are cur- trained—seems to be the totality of the egy. Unless we take a serious look at rently imposing a rough order in the administration’s strategy. our policy, I greatly fear we may be country, but, as the current chaos in Three weeks ago, on April 22, Sec- setting the stage for a tragic replay of Gardez shows, not on any consistent retary Rumsfeld essentially admitted recent Afghan history. basis. They are spread thin, and they as much: ‘‘How ought security to Why do the people of Gardez blame are not officially tasked to perform evolve in that country depends on real- America for the vicious actions of war- this function. ‘‘Our mission here is to ly two things,’’ he said. ‘‘One is what lords like Bacha Khan? Well, maybe it capture or kill al-Qaeda and senior the interim government decides they is due to the fact that this killer is on Taliban,’’ said a U.S. military spokes- think ought to happen, what the war- the U.S. payroll. He has been taking man, as the rockets fell on Gardez, lord forces in the country decide they
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.019 pfrm15 PsN: S17PT1 S4532 CONGRESSIONAL RECORD — SENATE May 17, 2002 think ought to happen, and the inter- it fulfils its mission. Other nations are Destinee Thomas, one of the young- action between those two.’’ I must dis- willing to take on the dangerous work est victims, only 3 years old, was killed agree with the Secretary on this: we of patrolling the front lines—but not while watching television in her own should let out policy be dictated by unless they know that the cavalry bedroom when someone fired an AK47 ‘‘what the warlord forces think ought stands ready to ride to the rescue. It into her home. The Detroit Police De- to happen.’’ must have the assurance that the partment and the people of Detroit Did we put American troops in world community—and particularly were so outraged by her death that the harm’s way merely to do the bidding of the U.S.—will stay the course. We can’t police department launched Project ‘‘the warlord forces’’? Did we spend $17 cut and run if resistance increases. The Destinee, a special effort by law en- billion in military expenditures in the greater the uncertainty about Amer- forcement to aggressively investigate Afghan campaign merely to serve the ican commitment to security, the and pursue gang members involved in interests of ‘‘the warlord forces’’? Did greater incentive our enemies will have the shooting. we decimate al-Qaeda and remove the to challenge our resolve. Eight year old Brianna Caddell was Taliban from power merely to hand Secretary of Defense Rumsfeld has also killed by an AK–47 when an un- power over to ‘‘the warlord forces’’? suggested that $130 million of funds known gunman opened fire on her Brutal, bloodthirsty, barbaric warlords previously appropriated to the Defense house. This little girl was in bed sleep- are not the solution to Afghanistan’s Department be devoted to a fund for ing. problems. These ‘‘warlord forces’’ are quasi-diplomatic endeavors related to Another victim, 16 year old Alesia the source of Afghanistan’s problems. the war against terrorism. I suggest Robinson, was killed by a single gun- Does this matter to America? What that the best use of this money would shot to the face. According to police, about the option of letting Afghanistan be to support peacekeeping efforts in her 19 year old boyfriend was playing degenerate into the state of lawless- Afghanistan, whether conducted by the with a gun on the front porch, firing it ness that made way for the Taliban? Defense Department directly or by our into the air. When Alesia asked him to That is obviously not in the interest of coalition partners operating under an stop, police said, he pointed the gun at Afghanistan, but is preventing it a na- expanded ISAF. Funding an effective her and fired. The 19 year old has been tional priority for the United States? I international security force in Afghan- charged with first-degree murder. submit that it most certainly is. istan would not only free up American These horrific events underline the After the Soviet withdrawal from Af- military assets for warmaking mis- need for the vigorous enforcement of ghanistan in 1989, America turned its sions, it would also deter terrorist our gun laws and the overwhelming back as the country disintegrated into forces from reclaiming the ground they need for common sense gun safety leg- chaos. The President was right when, have so decisively lost. With the Loya islation. In light of these tragic events, in his speech at the Virginia Military Jirga process scheduled to start in mid- I once again urge my colleagues to sup- Institute last month, he promised not June and Afghanistan’s nascent gov- port gun safety legislation. to repeat this mistake. The brutal dis- ernment under daily attack by enemies I know my colleagues join me in ex- order of the early 1990s created the both internal and external, I can think tending our thoughts and prayers to all Taliban—and if we permit this condi- of no better or more urgent use for of those who have lost their friends and tion to return, the cycle will almost these funds. family members to gun violence. certainly repeat itself. Let’s not forget We must, I submit, lead the way in I ask unanimous consent that the ar- why we went to war in the first place: guaranteeing the security of Afghani- ticle from the Detroit Free Press be en- Afghanistan had become a haven for stan for the relatively brief period be- tered into the RECORD. the mass-murderers who attacked our fore it can stand on its own. We must There being no objection, the article homeland on September 11. Without in- do this to honor the promise that was ordered to be printed in the ternal security, the country will again President Bush made, on behalf of all RECORD, as follows: become a den of terrorists, narcotics Americans. We must do this to dem- [FROM THE DETROIT FREE PRESS, MAY 14, traffickers, and exporters of violent in- onstrate our values to the wrest of the 2002] surgency. The President was right to world. We must do this to safeguard 10 LIVES CUT SHORT say, ‘‘We will stay until the mission is our own national security interests, to This year, 10 children ages 16 and younger done’’—but I hope he understands what make sure that our military gains have died as a result of homicides in the our mission really is. In concrete since September 11 are not all wiped metro area—all of them in Detroit. terms, our mission, in addition to fer- away. We must do this because it is JANUARY 13—JAMEISE SCAIFE, 3 DAYS OLD reting out remnants of al-Qaeda and smart, because it is necessary, and be- Doctors performed an emergency cesarean the Taliban, is ensuring basic security cause it is right. section to deliver Jameise after his pregnant for the fledgling Afghan Government— I believe that the best way to achieve mother jumped from a burning apartment providing it protection from the vast this goal is through an expansion of building set ablaze by an arsonist. Jameise array of internal and external threats died three days later from bleeding in the ISAF. The immediate devotion of $130 brain. to its very existence. million, money which the Defense De- FEBRUARY 11—JOSEPH WALKER, 16 For the immediate future, probably 2 partment stipulates that it does not re- years, that means an international quire or want for the costs of war- Died of multiple gunshot wounds in the armed presence, whether U.S. troops or parking lot of the Budget Inn on Plymouth fighting operations, would be an excel- Road. Police say Walker and a 19-year-old an expanded ISAF. I believe ISAF lent place to start. friend allegedly planned to rob two men as makes much more sense, but however f they left the motel. But when they an- the force is constituted it must have nounced the holdup, one of the men pulled the following components: It must be TRAGIC TOLL out a gun and shot Walker, police said. deployed throughout the country, con- Mr. LEVIN. Mr. President, in just the FEBRUARY 21—BRENNON CUNNINGHAM, 3 trolling the five to seven major cities last 16 weeks, tragically ten children Died of strangulation. Brennon was found and the main highways connecting have been murdered in metro Detroit. dead in a bedroom, wet from a bath. Police them. It must have robust rules of en- Eight of these kids have died after allege that his mother, Aimee Cunningham, gagement, and the weapons to impose being shot. The oldest was 16 years old 34, tried to make authorities believe Brennon order on unruly warlords. These must and the youngest was a mere 3 years drowned. She is charged with first-degree be peacemakers as much as peace- old. Three years old, Mr. President. Ac- murder. keepers. It must have the full diplo- cording to the Detroit Free Press, in FEBRUARY 25—AJANEE POLLARD, 7 matic, financial, and military support the last four months in metro Detroit Fatally shot in the head when a gunman of the United States. nearly as many children have been opened fire on her family’s car as they were Whether or not American troops are murdered by guns as in all of last year. about to go shopping. Her brother, Jason Pollard Jr., 6, lost his pancreas and suffered part of this force—they currently are These are truly horrific events made other internal organ damage from gunshots. not, but we shouldn’t rule this option even more so by their randomness. Her two sisters, Aerica, 6, and Alyah, 4, also out—we must provide an unquestion- Many of these kids were simply in the were wounded, as was their mother, able commitment to back up ISAF as wrong place at the wrong time. Aelizabeth Niebrzydowski. Two men, Joel
VerDate May 14 2002 01:58 May 18, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.022 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4533 Allen, 24, and Willie Robinson, 25, are that can become substance. I believe Sciences, USUHS. Tomorrow, on May charged with Ajanee’s killing and with as- that by passing this legislation and 18, 2002, following the graduation cere- sault with intent to commit murder. Police changing current law, we can change monies at the School of Medicine, Dr. say the shooting was prompted by a dispute hearts and minds as well. Hemming will mark the end of his 37 over a $40 radio. f year career in Federal service. MARCH 23—DESTINEE THOMAS, 3 Dean Hemming’s Federal career Shot and killed while watching television ADDITIONAL STATEMENTS began in the United States Air Force in her bedroom when someone opened fire on where he served for 25 years as a career her home with an AK47. Two men, Julian Key, 19, and Cedric Pipes, 21, are charged IN RECOGNITION OF MRS. SYLVIA officer and physician from 1965 through with first-degree murder. Outraged by her FACTOR ON HER 80TH BIRTHDAY 1990. In 1987, Dr. Hemming was selected to serve as the Chair of the USUHS death, police and prosecutors launched ∑ Project Destinee, an effort to round up all Mr. CRAIG. The world was a bustling School of Medicine Department of Pe- members of the rival gangs they allege were time in 1922: the tomb of King diatrics, a position in which he contin- involved in the dispute that led to the shoot- Tutankhamen was unearthed, Benito ued to serve as a civilian upon his re- ing. Mussolini was granted temporary dic- tirement from the Air Force, at the MARCH 28—ALESIA ROBINSON, 16 tatorial powers in Italy, James Joyce’s rank of Colonel. In 1995, he was ap- Killed by a single gunshot wound to the Ulysses was published, insulin was iso- pointed interim Dean of the School of face. Alesia’s boyfriend, Darron Kilgore, 19, lated leading to the first successful Medicine, and following an extensive is charged with first-degree murder. Accord- treatment for diabetes, and the Lincoln search process, he was selected as Dean ing to police, Kilgore was playing with a gun Memorial here in Washington, DC, was in May of 1996. on the front porch, firing it into the air. opened to the public. It also marked As dean, Dr. Hemming has worked to When Alesia asked him to stop, police said, the year that a very special lady was Kilgore pointed the gun at her and fired. further the established mission and born. Her name is Sylvia Factor. goals of the USUHS School of Medi- APRIL 3—CHRISTOPHER JAMES, 11 I want to take this opportunity to cine. Under his leadership, the Univer- Killed by a single gunshot wound to the recognize Sylvia on the occasion of her sity has continued to provide the Na- head. Christopher’s 12-year-old half-brother 80th birthday on May 17. I have met tion with highly qualified health pro- was charged in juvenile court with man- Sylvia and can say without hesitation slaughter and possession of a firearm. The fessionals dedicated to career service suspect’s family said the pair were playing she is a truly exceptional woman. She in the Department of Defense and the with a gun they found in a playground and has witnessed a lot in her lifetime and U.S. Public Health Service. These grad- that the shooting was an accident. is living proof the American dream can uates leave USUHS trained to provide APRIL 10—BRIANNA CADDELL, 8 come true. A first-generation Amer- continuity in ensuring medical readi- Shot and killed while sleeping in her bed. ican, her parents immigrated to this ness and the preservation of lessons A man on foot opened fire on her home with country from Eastern Europe in the learned during combat and casualty an AK47. No one is in custody. hopes of making a better life for their care. This critical role is, in fact, the APRIL 18—IRISHA KEENER, 3 family. significant factor that led the Congress Killed by a gunshot wound to the head in Sylvia grew up in Wilkes Barre, PA, to establish USUHS in 1972. a murder-suicide. Police say Irisha’s mother, and the Bronx, NY, and was swept up During his career, Dr. Hemming has Ira Keener, 39, shot the little girl as they lay into the war effort as a young woman. served as an advisor to Congress, most in bed at their home. Ira Keener then turned During World War II she answered the recently testifying before the House the gun on herself. Police said Ira Keener, call to support her country like so Veteran’s Affairs Committee’s Sub- who suffered from severe asthma, had experi- many other ‘‘Rosies,’’ by helping man- committee on Oversight and Investiga- enced delusions and had a mental breakdown ufacture the Corsair airplane for the tions during hearings that resulted about a month before the shooting. She left United States Marines at Chance a note saying that she had to die, but did not from the events of September 11, 2001. want to leave Irisha behind. Vought. She later supported her family Dr. Hemming’s knowledge and unique by working at Columbia Records in APRIL 30—CHERREL THOMAS, 15 expertise provided valuable insight as Bridgeport, CT, and then 28 years at the Committee discussed the urgent re- Shot and killed in the backseat of a car, Raybestos-Manhattan in Stratford, CT. possibly in a dispute over clothing. A 17- quirement for civilian physicians to be year-old suspect, Terrill Johnson, has been Today, she is still an active member trained in the medical response to charged with first-degree murder and a 21- of her community, using her retire- weapons of mass destruction, WMD. year-old suspect, Jesse Freeman, has been ment years to contribute to the well- Significantly, those hearings resulted charged with second-degree murder. being of others in many forms. Sylvia in proposed legislation recommending f volunteers at the Jewish Home for the that the USUHS School of Medicine Elderly in Fairfield, CT, and the Jew- share its WMD-focused curricula with LOCAL LAW ENFORCEMENT ACT ish Family Services of Bridgeport. She OF 2001 the Department of Veterans Affairs. sets the kind of example President It is exceptional leadership such as Mr. SMITH of Oregon. Mr. President, Bush was seeking in his call for all citi- that of Dean Hemming and the dedi- I rise today to speak about hate crimes zens to volunteer in their communities, cated careers of his uniquely trained legislation I introduced with Senator and it is an example worth following. School of Medicine graduates, com- KENNEDY in March of last year. The She also enjoys visiting with her bined with the extraordinary USUHS Local Law Enforcement Act of 2001 friends and family, including her son faculty and staff, which led to the would add new categories to current Mallory, daughter-in-law Elizabeth and awarding of the Joint Meritorious Unit hate crimes legislation sending a sig- grandchildren: India, Mallory III, and Award to USUHS by the Secretary of nal that violence of any kind is unac- Cailley Factor. Today I congratulate Defense on December 11, 2000. Dr. ceptable in our society. Sylvia for all she has done, and con- Hemming’s commitment and leader- I would like to describe a terrible tinues to do, for her country and com- ship was also recognized in the tribute crime that occurred January 1, 1995 in munity. I only hope that I can be as ac- paid by the Secretary of Defense Don- Bedford, MA. A gay man and his com- tive and vibrant as she is when I reach ald Rumsfeld who recently wrote: panion were assaulted by men who used 80. I wish her a heartfelt happy birth- The Department takes great pride in the anti-gay slurs. The assailants, Brian day, with many more to follow.∑ fact that the USUHS graduates have become Zawatski, 21, and Tim Donovan, were f the backbone for our Military Health Sys- charged with assault and battery and tem. The training they receive in combat civil rights violations in connection TRIBUTE TO VAL G. HEMMING, and peacetime medicine is essential to pro- with the incident. M.D. viding superior force health protection, and I believe that government’s first duty ∑ Mr. SARBANES. Mr. President, today improving the quality of life for our service members, retirees, and families. All of us in is to defend its citizens, to defend them I pay tribute to Dr. Val G. Hemming, the Office of the Secretary of Defense place against the harms that come out of M.D., Dean of the F. Edward Hebert great emphasis on the retention of quality hate. The Local Law Enforcement En- School of Medicine at the Uniformed physicians in the military. The USUHS en- hancement Act of 2001 is now a symbol Services University of the Health sures those goals are met.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.018 pfrm15 PsN: S17PT1 S4534 CONGRESSIONAL RECORD — SENATE May 17, 2002 As Dean Hemming retires from his vincing Americans everywhere to trav- icism. As long as Judge Woods believed distinguished career, it is incumbent to el again. The week-long trip, which in- what he did was right, he was prepared point out that amid all of his successes cluded marching in the Columbus Day to take the heat. This was true when as an academic leader, Dr. Hemming Parade, attracted worldwide publicity he spoke loudly and openly against also achieved significant success as a and earned recognition from New York Gov. Orval Faubus’ use of the National scientist. His research interests have and national officials. At a crucial Guard at Central High and later when included pathogenesis of Lancefield time, Dozono persevered to share his he issued several controversial court group B streptococcal infections in the belief in the American dream with rulings in his role as presiding Judge in neonate and pathogenesis of lower res- those whose light had been tragically the Pulaski County school desegrega- piratory tract bacterial and viral infec- dimmed. tion case. tions in infants and young children. In- I rise to salute Sho Dozono, not only As I have reflected on Judge Woods’ deed, his research in the Respiratory for his inspirational efforts after 9/11, prolific life, I am comforted by the fact Syncytial Virus, RSV, infection re- but because his desire to improve his that his towering legacy and impas- sulted in the first biological product community is a life-long commitment. sioned spirit will live on through the for the prevention and reduction of In 1997, Dozono traveled to Philadel- countless individuals he inspired. RSV infection in children; his product, phia to represent the City of Portland Death has ended Henry Woods’ life, but which was approved by the Food and at the Presidential Summit on Vol- it hasn’t extinguished his invaluable Drug Administration in January of unteerism in America, chaired by then- contribution to public service in Ar- 1996, has contributed to the fight retired General Colin Powell. He is a kansas. I and others who were raised to against an infection that had claimed former chair of the Portland Public believe that serving in public office is a the lives of 4,500 children and hospital- Schools Foundation and co-chaired a high and noble calling owe a deep debt ized more than 90,000 children in our march that raised over $11 million to of gratitude to Judge Woods and others Nation each year. save teaching positions that would from his generation. I, for one, have Our Nation can be proud of Dr. have otherwise been cut because of re- been deeply moved by his life and will Hemming’s long and distinguished ca- duced funding. always be mindful of the example and reer of service and I am pleased to join This month as we honor and cele- high standard he set.∑ with his family, friends and colleagues brate Asian Pacific American Heritage f in expressing appreciation for the sig- Month, I find it very appropriate to nificant contributions he has made to rise and recognize the efforts of Sho SALEM NEW HAMPSHIRE the health of the uniformed services Dozono. I believe Mr. Dozono is to be MARCHING BAND and that of all citizens, particularly commended for his ongoing efforts to ∑ Mr. SMITH of New Hampshire. Mr. our children. I certainly wish him con- serve his community and country, and ∑ President, I rise here today to honor tinued success and happiness in the I salute him as a true hero for Oregon. the achievements of the Salem High ∑ years to come. f School Band and Color Guard on their f TRIBUTE TO HENRY WOODS exemplary show in the competition OREGON HERO OF THE WEEK ∑ Mrs. LINCOLN. Mr. President, today leading to their selection to play in the ∑ Mr. SMITH of Oregon. Mr. President, I pay tribute to the life of Henry nationally televised Macy’s Thanks- I am proud to rise today to pay tribute Woods, a great scholar and beloved giving Day Parade. to a true American Patriot from my Federal judge in Arkansas. Judge Congratulations are in order for home state of Oregon. This week, I Woods passed away unexpectedly in Salem High, as they have also played want to recognize the service and com- March, and I wish to take a moment in the 2001 Tournament of Roses pa- passion of Sho Dozono, of Portland, today to honor his many achievements rade, which is attributed with some of OR. and express sorrow for his loss. There the success this time around in the Mr. Dozono, President and CEO of is no question but that his legal exper- granting of the New York parade. Azumano Carlson Wagonlit Travel and tise, unique perspective and com- There were only 12 bands chosen na- the Azumano Group, is a respected manding presence will be sorely missed tionwide between nearly 300 high member of the Portland business com- by so many in my home State. schools or colleges competing for the munity. He continually tries to im- Henry Woods was born on March 17, honor. The country was dazzled by the prove his community and has served on 1918, in Abbeville, MS. He attended the Salem High band at the Macy’s Day pa- a number of boards and commissions University of Arkansas, Fayetteville, rade in 1977 and once again has the op- including the Portland Metro YMCA, where he received a bachelor’s degree portunity to please onlookers this Portland Multnomah Progress Board, in 1938 and a law degree in 1940. Fol- year. and was recently elected to serve as lowing his formal education, Judge Salem is the only high school in the the chair of the Portland Metropolitan Woods served in a variety of positions, state of New Hampshire that has Chamber of Commerce board of direc- including as a special agent in the Fed- marched in this, one of the largest pa- tors. eral Bureau of Investigation, a trial at- rades in America. The band will have But like so many employers, after torney in Texarkana and Little Rock to march for 21⁄2 miles with an esti- September 11, 2001, Mr. Dozono was and as coordinator for the successful mated live gathering of almost 2 mil- forced to lay off employees and watch gubernatorial campaigns of both Sid lion. Best wishes to them in a success- as the effects of the terrorist attacks McMath and Dale Bumpers. Henry was ful march and once again congratula- ∑ spread across the country to his west also past president of the Arkansas Bar tions. coast home. Mr. Dozono and his wife Association and Arkansas Trial Asso- f Loen decided that they would not allow ciation. At 62, he was nominated U.S. their own financial difficulties to keep District Judge, Eastern District of Ar- NEW HAMPSHIRE EXCELLENCE IN them from showing their love and sup- kansas, by President Carter and began EDUCATION AWARDS port to the victims in New York City. a new chapter in his professional life ∑ Mr. SMITH of New Hampshire. Mr. What started as an idea of a bus convoy while most of his peers were planning President, today I pay tribute to the across the United States grew into an for retirement. outstanding successes of the recipients inspirational display of patriotism and Like so many Arkansans who had the of the New Hampshire Excellence in compassion, aptly named the ‘‘Flight good fortune to know Judge Woods, I Education Awards. This annual event, for Freedom’’. Mr. Dozono brought to- will always remember him for his in- which began in 1994, recognizes the gether over 1,000 Oregonians to answer tellect and commitment to social jus- hard work of teachers from throughout the call of Mayor Rudy Giuliani for tice. Whether Judge Woods was in the the state. tourists. Not only did the group lend a courtroom or the classroom, he never This serves as one of the largest cere- healing hand to the broken economy of wavered in his passion for fairness and monies acknowledging the positive dif- New York City, but the ‘‘Flight for equality, even when he endorsed posi- ference these professionals are making Freedom’’ was instrumental in con- tions he knew would ignite strong crit- in the lives of students. Praiseworthy
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.023 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4535 public schools, programs, and edu- her dollmaking hobby into a business. ject to the nominee’s commitment to cators are used as incentives for oth- Flourishing, the business reached a respond to requests to appear and tes- ers. These individuals demonstrate total of 250 to 300 employees in the tify before any duly constituted com- their worthiness in six areas: cur- Lakes Region. Displaying her dolls in mittee of the Senate. riculum, teaching/learning process, the White House at times, Thorndike f student achievement, community/pa- was awarded the ‘‘Collectibles and Gift rental involvement, leadership/ deci- Industry Pioneer Award’’ in 1997. Epit- ADDITIONAL COSPONSORS sionmaking, and climate. omizing the American spirit and fol- S. 145 Teachers with these qualities are ex- lowing through with her dreams, At the request of Mr. THURMOND, the actly what is needed to guide our Annalee’s dolls will always be a proud name of the Senator from New Mexico youth today. With the attitude and part of the communities as the great- (Mr. DOMENICI) was added as a cospon- hard work brought to the table by est collectible dolls to ever come from sor of S. 145, a bill to amend title 10, these individuals I am confident that New Hampshire. United States Code, to increase to par- they will provide the best education Five years ago Thorndike stepped ity with other surviving spouses the possible lending to a spectacular future down from head of operations and basic annuity that is provided under for our children. It is an honor and turned the business over to her sons. the uniformed services Survivor Ben- privilege to serve these individuals in New Hampshire is excited to see the efit Plan for surviving spouses who are the U.S. Senate.∑ Annalee Mobilitee Dolls continue to be at least 62 years of age, and for other f manufactured in the same location purposes. TRIBUTE TO MANCHESTER they have been since 1955 when Annalee S. 913 founded the company. Today a museum AIRPORT At the request of Ms. SNOWE, the of dolls can be visited at the manufac- ∑ Mr. SMITH of New Hampshire. Mr. name of the Senator from Colorado turing site. A true spirit and friend of President, I rise today to pay tribute (Mr. CAMPBELL) was added as a cospon- New Hampshire, Annalee David Thorn- to the outstanding growth of the Man- sor of S. 913, a bill to amend title XVIII dike will be sorely missed by all citi- chester Airport. Recently it has com- of the Social Security Act to provide pleted the changes and additions that zens of the great state. It is an honor for coverage under the medicare pro- have been underway for the last 8 years and privilege to have represented Mrs. gram of all oral anticancer drugs. helping pave its path as one of the pre- Annalee Davis Thorndike in the U.S. Senate.∑ S. 999 mier airports in the state. These At the request of Mr. BINGAMAN, the changes include a 158,000-square-foot f name of the Senator from Louisiana passenger terminal with a 70,000- MEASURES PLACED ON THE (Mr. BREAUX) was added as a cosponsor square-foot terminal addition, and a CALENDAR of S. 999, a bill to amend title 10, six level parking garage and con- United States Code, to provide for a necting pedestrian walkway. These The following bills were read the sec- ond time, and placed on the calendar: Korea Defense Service Medal to be drastic improvements have taken this issued to members of the Armed Forces once small, and seldom used airport H.R. 3694. An act to provide for highway in- frastructure investment at the guaranteed who participated in operations in and turned it into a legitimate point of Korea after the end of the Korean War. travel. With all this advancement it funding level contained in the Transpor- S. 1339 has been a point of destination for tation Equity Act for the 21st Century. H.R. 4560. An act to eliminate the dead- more than 3.2 million passengers in At the request of Mr. CAMPBELL, the lines for spectrum auctions of spectrum pre- name of the Senator from Illinois (Mr. 2001. viously allocated to television broadcasting. In addition, cargo shipping has be- DURBIN) was added as a cosponsor of S. come a growing factor at the Man- f 1339, a bill to amend the Bring Them chester airport as it is now ranked the EXECUTIVE REPORTS OF Home Alive Act of 2000 to provide an third largest cargo airport in New Eng- COMMITTEES asylum program with regard to Amer- land. A recent impact report has shown ican Persian Gulf War POW/MIAs, and The following executive reports of for other purposes. that the business related to the airport committees were submitted: added 500 million in 1998 and is esti- S. 1408 By Mr. HOLLINGS for the Committee on mated at more than 1 billion annually At the request of Mr. ROCKEFELLER, Commerce, Science, and Transportation. by 2010. *Harold D. Stratton, of New Mexico, to be the name of the Senator from Georgia Factors such as convenience, ample Chairman of the Consumer Product Safety (Mr. CLELAND) was added as a cospon- parking, and greater customer service Commission. sor of S. 1408, a bill to amend title 38, has created an airport that the citizens *Harold D. Stratton, of New Mexico, to be United States Code, to standardize the of Manchester can be proud of. I com- a Commissioner of the Consumer Product income threshold for copayment for mend Kevin Dillion, airport director of Safety Commission for the remainder of the outpatient medications with the in- Manchester for being named the Travel term expiring October 26, 2006. come threshold for inability to defray Person of the Year in 2001. The out- *Coast Guard nominations beginning Rear necessary expense of care, and for Adm. (lh) Vivien S. Crea and ending Rear standing services available at Man- other purposes. chester will surely be a factor in the Adm. (ih) Charles D. Wurster, which nomina- tions were received by the Senate and ap- S. 1572 growth of the airport. This project has peared in the Congressional Record on April At the request of Mr. LUGAR, the truly added to the appeal Manchester 22, 2002. name of the Senator from Wisconsin holds for all travelers. It is an honor Mr. HOLLINGS. Mr. President, for (Mr. FEINGOLD) was added as a cospon- and privilege representing the good the Committee on Commerce, Science, sor of S. 1572, a bill to endorse the vi- people of Manchester.∑ ∑ Mr. SMITH of New Hampshire. Mr. and Transportation I report favorably sion of further enlargement of the President, I rise today to pay tribute the following nomination list which NATO Alliance articulated by Presi- to a pillar in the entrepreneurial com- was printed in the RECORD on the date dent George W. Bush on June 15, 2001, munity of New Hampshire. Mrs. indicated, and ask unanimous consent, and by former President William J. Annalee Davis Thorndike, the creator to save the expense of reprinting on the Clinton on October 22, 1996, and for and manufacturer of the collectible Executive Calendar that this nomina- other purposes. Annalee Dolls, passed away Sunday tion lie at the Secretary’s desk for the S. 1839 April 7, 2002, at the age of 87. The information of Senators. At the request of Mr. ALLARD, the Annalee Mobilitee Dolls are considered The PRESIDING OFFICER. Without name of the Senator from Alaska (Mr. some of the most famous manufactured objection, it is so ordered. STEVENS) was added as a cosponsor of items to come from New Hampshire in *Coast Guard nomination of Mikeal S. S. 1839, a bill to amend the Bank Hold- the 20th century. Staier. ing Company Act of 1956, and the Re- Beginning in 1930, Annalee and her *Nomination was reported with rec- vised Statures of the United States to husband took the first step in turning ommendation that it be confirmed sub- prohibit financial holding companies
VerDate May 14 2002 01:58 May 18, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.020 pfrm15 PsN: S17PT1 S4536 CONGRESSIONAL RECORD — SENATE May 17, 2002 and national banks from engaging, di- DURBIN) was added as a cosponsor of S. stance, can be used to heal burn vic- rectly or indirectly, in real estate bro- Res. 270, a resolution designating the tims or aid in reconstructive surgical kerage or real estate management ac- week of October 13, 2002, through Octo- procedures. Ligaments and tendons can tivities, and for other purposes. ber 19, 2002, as ‘‘National Cystic Fibro- be used to repair worn-out knees. Bone S. 1850 sis Awareness Week.’’ donations can be used in hip replace- At the request of Mr. CHAFEE, the f ments or spinal surgery enabling re- name of the Senator from Vermont cipients to regain mobility. Donated STATEMENTS ON INTRODUCED (Mr. LEAHY) was added as a cosponsor arteries and veins can restore circula- of S. 1850, a bill to amend the Solid BILLS AND JOINT RESOLUTIONS tion, and heart valves can be trans- Waste Disposal Act to bring under- By Ms. COLLINS: planted to save lives. ground storage tanks into compliance S. 2531. A bill to amend the Public The phenomenal growth and increas- with subtitle I of that Act, to promote Health Service Act to authorize the ing competitiveness of the industry in cleanup of leaking underground storage Commissioner of Food and Drugs to its search for new sources of donated tanks, to provide sufficient resources conduct oversight of any entity en- tissue, however, have resulted in some for such compliance and cleanup, and gaged in the recovery, screening, test- problems. Tissue obtained from unsuit- for other purposes. ing, processing, storage, or distribution able donors has been allowed to enter S. 1924 of human tissue or human tissue-based the American tissue supply, raising se- At the request of Mr. SANTORUM, the products; to the Committee on Health, rious doubts about the adequacy of fed- name of the Senator from Missouri Education, Labor, and Pensions. eral regulations. Other concerns in- (Mr. BOND) was added as a cosponsor of Ms. COLLINS. Mr. President, I rise volve whether or not the practices of S. 1924, a bill to promote charitable today to introduce the Human Tissue some tissue banks are sufficient to re- giving, and for other purposes. Transplant Safety Act of 2002, which duce the danger of spreading such ill- S. 1945 would provide a much needed regu- nesses as the human variant of mad At the request of Mr. JOHNSON, the latory framework to help ensure the cow disease. Because communicable name of the Senator from New Jersey safety of transplanted human tissue. In diseases such as HIV and hepatitis, (Mr. TORRICELLI) was added as a co- 1997, the U.S. Food and Drug Adminis- among others, can also be transmitted sponsor of S. 1945, a bill to provide for tration, FDA examined the public through tissues, it is vital that poten- the merger of the bank and savings as- health issues posed by human tissue tial donors be screened for suitability sociation deposit insurance funds, to transplantation and concluded that the and tissue be tested effectively, to modernize and improve the safety and existing regulatory framework was in- make sure it is safe. fairness of the Federal deposit insur- sufficient and needed to be strength- FDA recognized these issues in 1997, ance system, and for other purposes. ened. Yet more than 5 years later, the and the agency published its ‘‘Proposed S. 2194 agency has failed to implement critical Approach to the Regulation of Cellular At the request of Mr. MCCONNELL, regulatory changes and strengthen and Tissue-Based Products.’’ The FDA the name of the Senator from Arizona oversight of tissue processors, known proposed to: (1) require infectious dis- (Mr. KYL) was added as a cosponsor of as tissue banks. The legislation I am ease screening and testing for cells and S. 2194, a bill to hold accountable the introducing today is designed to help tissue transplanted from one person to Palestine Liberation Organization and remedy the gaps in the regulatory safe- another; (2) require that cells and tis- the Palestinian Authority, and for ty net. sues be handled according to proce- other purposes. While people are familiar with the dures designed to prevent contamina- tion and preserve tissue function and S. 2452 concept of organ donation, tissue dona- integrity; and (3) require all tissue At the request of Mr. LIEBERMAN, the tion is not well understood by most name of the Senator from Georgia (Mr. Americans. Yet the tissue industry is processing facilities to register with the agency. Thereafter, FDA promul- CLELAND) was added as a cosponsor of very diverse and is growing rapidly. In S. 2452, a bill to establish the Depart- fact, tissue donations now make pos- gated three separate regulations that ment of National Homeland Security sible about 750,000 transplants per year. address these requirements. But of and the National Office for Combating The recovery and medical use of tissue, those, only a registration requirement Terrorism. including skin, bone, cartilage, ten- has been implemented. Five years later, the majority of the S. 2462 dons, ligaments, and heart valves, are proposed regulatory changes still have At the request of Ms. COLLINS, the unlike organ transplants because the not been adopted, and, remarkably, name of the Senator from Florida (Mr. tissue is usually not transplanted ‘‘as- FDA officials recently advised me that NELSON) was added as a cosponsor of S. is’’ from the donor’s body into that of the agency cannot even tell me when 2462, a bill to amend section 16131 of the recipient. Rather, donated tissue the remaining regulations will be made title 10, United States Code, to increase frequently undergoes considerable final. rates of educational assistance under processing before it can be used. Bone The FDA’s failure to act in this area the program of educational assistance from a donor’s femur, for example, can that affects public health and safety is for members of the Selected Reserve to be reshaped into a component designed simply inexcusable. It is a case, appar- make such rates commensurate with to give support to a recipient’s spine. ently, of bureaucratic inertia at its scheduled increases in rates for basic Technology that greatly reduces the worst. educational assistance under section risk of rejection now allows surgeons I have long been concerned about the 3015 of title 38, United States Code, the to use actual bone in their patients vulnerabilities that exist in the tissue Montgomery GI Bill. rather than metal or other synthetic industry and the adequacy of the Gov- S. RES. 244 substances. In addition, donated tissue, ernment’s oversight. At the request of Mr. WYDEN, the once it is processed, can frequently be Last year—exactly a year ago—as the name of the Senator from Louisiana stored for a period of time. In contrast, chairman of the Senate Permanent (Ms. LANDRIEU) was added as a cospon- organs must be transplanted into the Subcommittee on Investigations, I held sor of S. Res. 244, a resolution elimi- recipient’s body within hours of their a hearing to look at tissue banks and nating secret Senate holds. recovery. the efficacy of the current regulatory S. RES. 248 The organizations that make up the framework. The testimony was deeply At the request of Mr. CORZINE, the tissue industry are collectively re- troubling. name of the Senator from Massachu- ferred to as tissue banks. Some are en- For example, one witness testified setts (Mr. KERRY) was added as a co- gaged in tissue recovery, while others that some unscrupulous tissue banks sponsor of S. Res. 248, A resolution con- process, store, and distribute human have engaged in a practice in which tis- cerning the rise of anti-Semitism in tissue. Tissue donation is a generous, sues that were initially tested positive Europe. selfless act that improves the lives of for contamination were simply tested S. RES. 270 many Americans. Just one donor, in over and over again until the techni- At the request of Mr. CAMPBELL, the fact, can help a large number of people cians achieved the negative result they name of the Senator from Illinois (Mr. in various ways. Skin donations, for in- wanted.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.030 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4537 Let me explain that again. This is or distribution of human tissue, or Clearly we would like to do more for human tissue that has tested positive human tissue-based products. In other these beneficiaries. Yet there is a limit for contamination, and the reaction to words, all tissue banks would be re- in the number and scope of improve- that was to keep testing it until a neg- quired to adhere to the standards that ments we are able to make as we face ative result came up. You cannot keep the FDA has identified as necessary for broader Social Security reform issues. testing into compliance. Obviously, ensuring public safety. This provision This small benefit package passed the there is a problem if, even once, the would remove any doubt about the House on May 14, 2002, by a stunning tissue tests positive for contamination; FDA’s authority to regulate tissue vote of 418 to 0. We feel that a similar and it should not be used. banks. vote can send these changes to the The FDA official in my hearing Second, the legislation will make it President and we can show that bipar- called this ‘‘testing tissue into compli- mandatory for all tissue banks to reg- tisanship is a route that will work ance’’ a practice that is obviously un- ister with the FDA. If any tissue bank when it comes to future Social Secu- safe and must be stopped. is out of compliance with FDA require- rity reform. The hearing also revealed that scores ments, the agency will be authorized to I ask unanimous consent to have the of tissue banks have never once been suspend and, if necessary, revoke the bill printed in the RECORD. inspected by the FDA. And of those tissue bank’s registration, to prevent There being no objection, the bill was ordered to be printed in the RECORD, as that have been inspected, some were the bank from operating. follows: found to have had deficiencies, but Third, the legislation will require tis- they were never reinspected to see that sue banks to report adverse incidents, S. 2533 the problems had been corrected. including the detection of an infection Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Moreover, the FDA had no concept, within 15 days. Currently, tissue banks Congress assembled, prior to the registration requirement, are not required to report adverse inci- SECTION 1. SHORT TITLE. of how many tissue banks were actu- dents to the Federal Government. And This Act may be cited as the ‘‘Social Secu- ally operating. The FDA thought there if they do not voluntarily report inci- rity Benefit Enhancements for Women Act of were possibly 150. More than 350 reg- dents, it is very difficult for the Fed- 2002’’. istered as a result of the one require- eral Government to take effective ac- SEC. 2. REPEAL OF 7-YEAR RESTRICTION ON ELI- ment that the FDA did put into effect. tion. GIBILITY FOR WIDOW’S AND WID- OWER’S INSURANCE BENEFITS As a result of the subcommittee’s in- Finally, the bill also requires the BASED ON DISABILITY. depth investigation, I concluded that Secretary of Health and Human Serv- (a) WIDOW’S INSURANCE BENEFITS.— serious gaps existed in the FDA’s regu- ices to develop a database to store the (1) IN GENERAL.—Section 202(e) of the So- lation. But I also thought, and hoped, adverse incident reports. That central cial Security Act (42 U.S.C. 402(e)) is amend- and have received promises from the repository of information would be ed— agency, that it would act. After all, it very useful to the CDC. (A) in paragraph (1)(B)(ii), by striking ‘‘which began before the end of the period had developed a good, sound strategy I want to emphasize that the vast specified in paragraph (4)’’; back in 1997. majority of tissue banks operate in a (B) in paragraph (1)(F)(ii), by striking ‘‘(I) So last year, in the hearings that I safe, professional manner. We are now in the period specified in paragraph (4) and held a year ago this month, the FDA very fortunate that advances in tech- (II)’’; promised me that the regulations nology allow tissue to be used in ways (C) by striking paragraph (4) and by redes- would be made final. that truly enhance lives for thousands ignating paragraphs (5) through (9) as para- Unfortunately, I have been proven of Americans. graphs (4) through (8), respectively; and wrong about the FDA’s commitment to (D) in paragraph (4)(A)(ii) (as redesig- This legislation will help ensure that nated), by striking ‘‘whichever’’ and all that reform. And the lack of action has had the transplantation of human tissue follows through ‘‘begins’’ and inserting ‘‘the serious, indeed, tragic consequences. saves lives, not ends them. first day of the seventeenth month before In November of last year, a 23-year- the month in which her application is filed’’. old man died in Minnesota after under- By Mr. SMITH of Oregon (for (2) CONFORMING AMENDMENTS.— going routine knee surgery in which himself and Mrs. FEINSTEIN): (A) Section 202(e)(1)(F)(i) of such Act (42 tissue was transplanted into his body. S. 2533. A bill to amend title II of the U.S.C. 402(e)(1)(F)(i)) is amended by striking It contained a deadly bacteria which Social Security Act to provide for mis- ‘‘paragraph (5)’’ and inserting ‘‘paragraph ultimately killed this young man. Oth- cellaneous enhancements in Social Se- (4)’’. curity benefits, and for other purposes; (B) Section 202(e)(1)(C)(ii)(III) of such Act ers have fallen seriously ill because of (42 U.S.C. 402(e)(2)(C)(ii)(III)) is amended by the tainted tissue transplants. to the Committee on Finance. striking ‘‘paragraph (8)’’ and inserting In March of this year, the Centers for Mr. SMITH of Oregon. Mr. President, ‘‘paragraph (7)’’. Disease Control and Prevention re- I rise today to introduce The Social Se- (C) Section 202(e)(2)(A) of such Act (42 leased findings that linked bacterial curity Benefit Enhancements for U.S.C. 402(e)(2)(A)) is amended by striking infections in donated human tissue to Women Act of 2002. I am proud to be ‘‘paragraph (7)’’ and inserting ‘‘paragraph allografts that had been used for trans- joined by my colleague from Cali- (6)’’. plants in 26 cases. And the number, un- fornia, Senator FEINSTEIN. This legisla- (D) Section 226(e)(1)(A)(i) of such Act (42 doubtedly, is going to increase since tion makes fiscal improvements in ben- U.S.C. 426(e)(1)(A)(i)) is amended by striking ‘‘202(e)(4),’’. the CDC’s investigation is still ongo- efits for women under the current So- (b) WIDOWER’S INSURANCE BENEFITS.— ing. cial Security system. These improve- (1) IN GENERAL.—Section 202(f) of such Act I have tried to work with the FDA to ments will increase the benefits for dis- (42 U.S.C. 402(f)) is amended— expedite the implementation of the abled widows, divorced retirees, and (A) in paragraph (1)(B)(ii), by striking proposed regulations. I have asked, re- widows whose husbands died quickly ‘‘which began before the end of the period peatedly: What does the FDA need? Are after an early retirement. specified in paragraph (5)’’; more resources needed? Just tell us While these benefit changes are small (B) in paragraph (1)(F)(ii), by striking ‘‘(I) in scope, they represent a bipartisan ef- in the period specified in paragraph (5) and what you need. But, unfortunately, the (II)’’; threat to public health that the FDA fort to provide more economic security (C) by striking paragraph (5) and by redes- identified so long ago continues to for women who work hard, sacrifice ignating paragraphs (6) through (9) as para- exist today. much and yet still live near poverty. graphs (5) through (8), respectively; and In an effort to prevent any further Women comprise the majority of So- (D) in paragraph (5)(A)(ii) (as redesig- tragedies, I am today introducing legis- cial Security beneficiaries, rep- nated), by striking ‘‘whichever’’ and all that lation to require the FDA to go for- resenting almost 60 percent of all So- follows through ‘‘begins’’ and inserting ‘‘the ward and issue these much needed reg- cial Security recipients at age 65 and 71 first day of the seventeenth month before ulations. percent of all recipients by age 85. the month in which his application is filed’’. (2) CONFORMING AMENDMENTS.— First, my legislation will explicitly Those impacted by this legislation, the (A) Section 202(f)(1)(F)(i) of such Act (42 authorize the FDA to regulate any en- disabled, divorced and elderly widows U.S.C. 402(f)(1)(F)(i)) is amended by striking tity that engages in the recovery, are more likely to live near the pov- ‘‘paragraph (6)’’ and inserting ‘‘paragraph screening, testing, processing, storage, erty line. (5)’’.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.060 pfrm15 PsN: S17PT1 S4538 CONGRESSIONAL RECORD — SENATE May 17, 2002 (B) Section 202(f)(1)(C)(ii)(III) of such Act SUBMITTED RESOLUTIONS United States to observe such week with ap- (42 U.S.C. 402(f)(2)(C)(ii)(III)) is amended by propriate programs and activities. striking ‘‘paragraph (8)’’ and inserting f ‘‘paragraph (7)’’. SENATE CONCURRENT RESOLU- (C) Section 226(e)(1)(A)(i) of such Act (as TION 112—EXPRESSING THE SENATE CONCURRENT RESOLU- amended by subsection (a)(2)) is further SENSE OF CONGRESS REGARD- TION 113—RECOGNIZING AND amended by striking ‘‘202(f)(1)(B)(ii), and ING THE DESIGNATION OF THE SUPPORTING THE EFFORTS OF 202(f)(5)’’ and inserting ‘‘and 202(f)(1)(B)(ii)’’. WEEK BEGINNING MAY 19, 2002, THE STATE OF NEW YORK TO (c) EFFECTIVE DATE.—The amendments AS ‘‘NATIONAL MEDICAL SERV- DEVELOP THE NATIONAL PUR- made by this section shall apply with respect ICES WEEK’’ PLE HEART HALL OF HONOR IN to benefits for months after November 2002. NEW WINDSOR, NEW YORK, AND Mr. HATCH (for himself, Mr. DORGAN, FOR OTHER PURPOSES SEC. 3. EXEMPTION FROM TWO-YEAR WAITING Mr. INOUYE, Mr. CORZINE, Mr. JOHNSON, PERIOD FOR DIVORCED SPOUSE’S Mrs. CLINTON submitted the fol- Ms. CANTWELL, Mr. BREAUX, Mr. BENEFITS UPON OTHER SPOUSE’S lowing concurrent resolution; which INHOFE, Mr. FRIST, Mr. EDWARDS, Ms. REMARRIAGE. was referred to the Committee on COLLINS, Mr. TORRICELLI, Ms. SNOWE, (a) WIFE’S INSURANCE BENEFITS.—Section Armed Services: Mr. CAMPBELL, Mr. BUNNING, Mr. 202(b)(5)(A) of the Social Security Act (42 S. CON. RES. 113 U.S.C. 402(b)(5)(A)) is amended by adding at VOINOVICH, Mr. MURKOWSKI, Mr. BAU- CUS, Mr. AKAKA, Ms. MIKULSKI, Mr. Whereas George Washington, at his head- the end the following new sentence: ‘‘The quarters in Newburgh, New York, on August KERRY, Mr. BAYH, Mr. JEFFORDS, Mr. criterion for entitlement under clause (ii) 7, 1782, devised the Badge of Military Merit shall be deemed met upon the remarriage of DURBIN, Mrs. MURRAY, Mr. BINGAMAN, to be given to enlisted men and noncommis- the insured individual to someone other than Mr. SARBANES, Ms. STABENOW, Ms. sioned officers for meritorious action; the applicant during the 2-year period re- LANDRIEU, Mrs. CARNAHAN, Mr. DAY- Whereas the Badge of Military Merit be- ferred to in such clause.’’. TON, Mrs. HUTCHISON, Mrs. CLINTON, Mr. came popularly known as the ‘‘Purple LEAHY, Mr. GRAHAM, Mr. MILLER, Mr. Heart’’ because it consisted of the figure of a (b) HUSBAND’S INSURANCE BENEFITS.—Sec- heart in purple cloth or silk edged with nar- tion 202(c)(5)(A) of such Act (42 U.S.C. CLELAND, Mr. WELLSTONE, Mr. WYDEN, Mr. THOMAS, Mr. SCHUMER, Mrs. FEIN- row lace or binding and was affixed to the 402(c)(5)(A)) is amended by adding at the end uniform coat over the left breast; STEIN, Mr. BENNETT, Mr. GRASSLEY, Mr. the following new sentence: ‘‘The criterion Whereas Badges of Military Merit were for entitlement under clause (ii) shall be DEWINE, Mr. FEINGOLD, Mr. THURMOND, awarded during the Revolutionary War by deemed met upon the remarriage of the in- Mr. BROWNBACK, Mr. BOND, Mr. CHAFEE, General George Washington at his head- sured individual to someone other than the Mr. ROCKEFELLER, Mr. LIEBERMAN, Mr. quarters, in Newburgh, New York, on May 3 applicant during the 2-year period referred to SMITH of Oregon, Mr. LEVIN, and Mr. and June 8, 1783; in such clause.’’. DASCHLE) submitted the following con- Whereas the Badge of Military Merit, an current resolution; which was consid- award for valor in the Revolutionary War, is (c) CONFORMING AMENDMENT TO EXEMPTION ered and agreed to: the inspiration for today’s Purple Heart OF INSURED INDIVIDUAL’S DIVORCED SPOUSE medal; FROM EARNINGS TEST AS APPLIED TO THE IN- S. CON. RES. 112 Whereas on the bicentennial of General SURED INDIVIDUAL.—Section 203(b)(2)(B) of Whereas emergency medical services are a Washington’s birthday in February 1932, the such Act (42 U.S.C. 403(b)(2)(B)) is amended vital public service; Badge of Military Merit was redesignated by by adding at the end the following new sen- Whereas the members of emergency med- General Douglas MacArthur, then Chief of tence: ‘‘The requirement under such clause ical services teams are ready to provide life- Staff of the Army, as the Purple Heart, to be (ii) shall be deemed met upon the remarriage saving care to those in need 24 hours a day, awarded to persons killed or wounded in ac- 7 days a week; of the insured individual to someone other tion against an enemy of the United States; Whereas emergency medical services teams Whereas more than 800,000 members of the than the individual referred to in paragraph consist of emergency physicians, emergency Armed Forces have been awarded the Purple (1) during the 2-year period referred to in nurses, emergency medical technicians, Heart; such clause.’’. paramedics, firefighters, educators, adminis- Whereas the Nation, as it fights the forces (d) EFFECTIVE DATE.—The amendments trators, and others; of evil that would undermine those demo- made by this section shall apply with respect Whereas these emergency medical services cratic principles upon which the Nation was to benefits for months after November 2002. teams served our country with bravery and founded, continues to add brave members of heroism on September 11, 2001; the Armed Forces to the ranks of those who SEC. 4. MONTHS ENDING AFTER DECEASED INDI- Whereas emergency medical personnel have received the Purple Heart; VIDUAL’S DEATH DISREGARDED IN (emergency physicians, nurses, and emer- Whereas the State of New York has dedi- APPLYING EARLY RETIREMENT gency medical technicians) courageously de- cated substantial resources to the creation RULES WITH RESPECT TO DE- CEASED INDIVIDUAL FOR PURPOSES fended the Nation when called upon to iden- of the National Purple Heart Hall of Honor OF LIMITATION ON WIDOW’S AND tify and treat anthrax, the bioterrorist weap- to be constructed at the New Windsor Can- WIDOWER’S BENEFITS. on released in October 2001; tonment, a New York State Historic Site, in Whereas access to quality emergency care New Windsor, New York, to honor those indi- (a) WIDOW’S INSURANCE BENEFITS.—Section dramatically improves the survival and re- viduals who have been awarded the Purple 202(e)(2)(D)(i) of the Social Security Act (42 covery rate of those who experience sudden Heart and to inform and educate the people U.S.C. 402(e)(2)(D)(i)) is amended by inserting illness or injury; of the United States about the history and after ‘‘applicable,’’ the following: ‘‘except Whereas providers of emergency medical importance of this distinguished combat that, in applying paragraph (7) of subsection services have traditionally served as the award; (q) for purposes of this clause, any month safety net of America’s health care system; Whereas the National Purple Heart Hall of ending with or after the date of the death of Whereas approximately 2⁄3 of all emergency Honor will be a permanent place of remem- such deceased individual shall be deemed to medical services providers are volunteers; brance of the service and sacrifices made by be excluded under such paragraph (in addi- Whereas the members of emergency med- the members of the Armed Forces wounded tion to months otherwise excluded under ical services teams, whether career or volun- or killed in service to America from World such paragraph),’’. teer, undergo thousands of hours of special- War I through the current war against ter- ized training and continuing education to en- rorism, both at home and abroad; and (b) WIDOWER’S INSURANCE BENEFITS.—Sec- hance their lifesaving skills; Whereas as the Nation continues to defend tion 202(f)(3)(D)(i) of such Act (42 U.S.C. Whereas Americans benefit daily from the the American way, there will be a need for a 402(f)(3)(D)(i)) is amended by inserting after knowledge and skills of these highly trained distinguished place to honor those who in ‘‘applicable,’’ the following: ‘‘except that, in individuals; and the future are awarded the Purple Heart for applying paragraph (7) of subsection (q) for Whereas injury prevention and the appro- their service and sacrifice: Now, therefore, purposes of this clause, any month ending priate use of the emergency medical services be it with or after the date of the death of such system will help reduce health care costs and Resolved by the Senate (the House of Rep- deceased individual shall be deemed to be ex- save lives: Now, therefore, be it resentatives concurring), That Congress— cluded under such paragraph (in addition to Resolved by the Senate (the House of Rep- (1) recognizes and supports the efforts of months otherwise excluded under such para- resentatives concurring), That Congress— the State of New York to develop the Na- (1) designates the week beginning May 19, tional Purple Heart Hall of Honor in New graph),’’. 2002, as ‘‘National Emergency Medical Serv- Windsor, New York; (c) EFFECTIVE DATE.—The amendments ices Week’’; and (2) encourages the people of the United made by this section shall apply with respect (2) requests that the President issue a States to participate in the development of to benefits for months after November 2002. proclamation calling upon the people of the the National Purple Heart Hall of Honor; and
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.033 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4539 (3) encourages Federal departments and SA 3455. Mr. NELSON, of Florida (for him- termination or revocation of such anti- agencies to cooperate, assist, and participate self and Mr. GRAHAM) submitted an amend- dumping or countervailing duty order with in the development of the National Purple ment intended to be proposed to amendment respect to all exporters of such product. Heart Hall of Honor. SA 3401 proposed by Mr. BAUCUS (for himself f and Mr. GRASSLEY) to the bill (H.R. 3009) SA 3441. Mrs. HUTCHISON proposed supra; which was ordered to lie on the table. an amendment to amendment SA 3401 AMENDMENTS SUBMITTED AND f proposed by Mr. BAUCUS (for himself PROPOSED TEXT OF AMENDMENTS and Mr. GRASSLEY) to the bill (H.R. SA 3439. Mr. DORGAN (for himself, Mr. 3009) to extend the Andean Trade Pref- ENZI, Ms. CANTWELL, Mr. HAGEL, Mr. JOHN- SA 3439. Mr. DORGAN (for himself, erence Act, to grant additional trade SON, Mr. ROBERTS, and Mrs. MURRAY) pro- Mr. ENZI, Ms. CANTWELL, Mr. HAGEL, benefits under that Act, and for other posed an amendment to amendment SA 3401 Mr. JOHNSON, Mr. ROBERTS, and Mrs. purposes; as follows: proposed by Mr. BAUCUS (for himself and Mr. MURRAY) proposed an amendment to Section 204(b)(5)(B) of the Andean Trade GRASSLEY) to the bill (H.R. 3009) to extend amendment SA 3401 proposed by Mr. the Andean Trade Preference Act, to grant Preference Act, as amended by section 3102, additional trade benefits under that Act, and BAUCUS (for himself and Mr. GRASSLEY) is amended by adding the following new for other purposes. to the bill (H.R. 3009) to extend the An- clause: SA 3440. Mr. REID (for Mr. NELSON, of Flor- dean Trade Preference Act, to grant ‘‘(viii) The extent to which the country has ida (for himself and Mr. GRAHAM)) proposed additional trade benefits under that taken steps to support the efforts of the an amendment to amendment SA 3401 pro- Act, and for other purposes; as follows: United States to combat terrorism. posed by Mr. BAUCUS (for himself and Mr. ‘‘Section 4102 is amended by striking the At the appropriate place, insert the fol- matter preceding paragraph (1) and inserting GRASSLEY) to the bill (H.R. 3009) supra. lowing: SA 3441. Mrs. HUTCHISON proposed an the following: amendment to amendment SA 3401 proposed SEC. ll. AGRICULTURAL SALES TO CUBA. ‘‘(a) ELIGIBILITY FOR GENERALIZED SYSTEM by Mr. BAUCUS (for himself and Mr. GRASS- (a) IN GENERAL.—Section 908 of the Agri- OF PREFERENCES.—Section 502(b)(2)(F) of the LEY) to the bill (H.R. 3009) supra. culture, Rural Development, Food and Drug Trade Act of 1974 (19 U.S.C. 2462(b)(2)(F)) is SA 3442. Mr. DORGAN proposed an amend- Administration and Related Agencies Appro- amended by striking the period at the end ment to amendment SA 3401 proposed by Mr. priations Act, 2001 (22 U.S.C. 7207) is amended and inserting ‘‘or such country has not taken BAUCUS (for himself and Mr. GRASSLEY) to by striking subsection (b). steps to support the efforts of the United the bill (H.R. 3009) supra. (b) CONFORMING AMENDMENTS.—Section States to combat terrorism.’’. SA 3443. Mr. REID (for Mr. REED (for him- 908(a) of the Agriculture, Rural Develop- ‘‘(b) DEFINITION OF INTERNATIONALLY REC- self, Mr. BINGAMAN, and Mr. CORZINE)) pro- ment, Food and Drug Administration and OGNIZED WORKER RIGHTS.—Section 507(4) of posed an amendment to amendment SA 3401 Related Agencies Appropriations Act, 2001 the Trade Act of 1974 (19 U.S.C. 2467(4)) is proposed by Mr. BAUCUS (for himself and Mr. (22 U.S.C. 7207(a)) (as amended by subsection amended—’’. GRASSLEY) to the bill (H.R. 3009) supra. (a)), is amended— SA 3444. Mr. NELSON, of Nebraska sub- (1) by striking ‘‘(a)’’ and all that follows SA 3442. Mr. DORGAN proposed an mitted an amendment intended to be pro- through ‘‘Notwithstanding’’ and inserting amendment to amendment SA 3401 pro- the following: posed to amendment SA 3401 proposed by Mr. posed by Mr. BAUCUS (for himself and BAUCUS (for himself and Mr. GRASSLEY) to ‘‘(a) IN GENERAL.—Notwithstanding’’; Mr. GRASSLEY) to the bill (H.R. 3009) to the bill (H.R. 3009) supra; which was ordered (2) by striking ‘‘(2) RULE OF CONSTRUC- to lie on the table. TION.—Nothing in paragraph (1)’’ and insert- extend the Andean Trade Preference SA 3445. Mr. REID (for Mr. BAYH (for him- ing the following: Act, to grant additional trade benefits self, Mr. DURBIN, Mr. DAYTON, Ms. MIKULSKI, ‘‘(b) RULE OF CONSTRUCTION.—Nothing in under that Act, and for other purposes; and Mr. ROCKEFELLER)) proposed an amend- subsection (a)’’; and as follows: ment to amendment SA 3401 proposed by Mr. (3) by striking ‘‘(3) WAIVER.—The President At the appropriate place, insert the fol- BAUCUS (for himself and Mr. GRASSLEY) to may waive the application of paragraph (1)’’ lowing: the bill (H.R. 3009) supra. and inserting the following: SEC. ll. TRADE REMEDIES WITH RESPECT TO ‘‘(c) WAIVER.—The President may waive SA 3446. Mr. BROWNBACK submitted an CANADIAN WHEAT. amendment intended to be proposed to the application of subsection (a)’’. (a) FINDINGS.—Congress makes the fol- amendment SA 3401 proposed by Mr. BAUCUS lowing findings: Mr. REID (for Mr. NELSON of (for himself and Mr. GRASSLEY) to the bill SA 3440. (1) On February 15, 2002, the United States (H.R. 3009) supra; which was ordered to lie on Florida (for himself and Mr. GRAHAM)) Trade Representative issued an affirmative the table. proposed an amendment to amendment finding under section 301 of the Trade Act of SA 3447. Mr. REID (for Mr. BYRD) proposed SA 3401 proposed by Mr. BAUCUS (for 1974 that the acts, policies, and practices of an amendment to amendment SA 3401 pro- himself and Mr. GRASSLEY) to the bill the Government of Canada and the Canadian posed by Mr. BAUCUS (for himself and Mr. Wheat Board are unreasonable and burden or GRASSLEY) to the bill (H.R. 3009) supra. (H.R. 3009) to extend the Andean Trade restrict United States commerce. SA 3448. Mr. REID (for Mr. BYRD) proposed Preference Act, to grant additional an amendment to amendment SA 3401 pro- trade benefits under that Act, and for (2) In its section 301 finding, the United States Trade Representative expressed a de- posed by Mr. BAUCUS (for himself and Mr. other purposes; as follows: sire for long-term reform of the Canadian GRASSLEY) to the bill (H.R. 3009) supra. At the end of section 2103(a), insert the fol- Wheat Board. However, since concluding on SA 3449. Mr. REID (for Mr. BYRD) proposed lowing new paragraph: an amendment to amendment SA 3401 pro- February 15, 2002, that the Canadian Govern- (8) PRODUCTS SUBJECT TO ANTIDUMPING AND posed by Mr. BAUCUS (for himself and Mr. ment and the Canadian Wheat Board are en- COUNTERVAILING DUTY ORDERS.—Paragraph gaged in unfair trade practices, the United GRASSLEY) to the bill (H.R. 3009) supra. (1)(A) shall not apply to a product that is the SA 3450. Mr. REID (for Mr. BYRD) sub- States Trade Representative has not under- subject of an antidumping or countervailing mitted an amendment intended to be pro- taken any initiative to seek reform of the duty order at the time of the agreement re- posed to amendment SA 3401 proposed by Mr. Canadian Wheat Board. Moreover, the United ferred to in paragraph (1), unless the agree- BAUCUS (for himself and Mr. GRASSLEY) to States Trade Representative has not imposed ment provides that as a term, condition, or the bill (H.R. 3009) supra. any trade remedy that would provide United qualification of the tariff concession, the SA 3451. Mr. REID (for Mr. BYRD) proposed States wheat farmers with prompt relief tariff reduction will not be implemented be- an amendment to amendment SA 3401 pro- from the unfair trade practices. fore the date that is 1 year after the date of posed by Mr. BAUCUS (for himself and Mr. (b) SENSE OF CONGRESS.—It is the sense of the termination or revocation of such anti- GRASSLEY) to the bill (H.R. 3009) supra. Congress that the United States Trade Rep- dumping or countervailing duty order with SA 3452. Mr. REID (for Mr. BYRD) proposed resentative should identify specific trade an amendment to amendment SA 3401 pro- respect to all exporters of such product. remedies that will provide United States posed by Mr. BAUCUS (for himself and Mr. At the end of section 2103(b), insert the fol- wheat farmers with prompt relief from the GRASSLEY) to the bill (H.R. 3009) supra. lowing new paragraph: unfair trade practices of the Canadian Wheat SA 3453. Mr. REID (for Mr. BYRD) proposed (4) PRODUCTS SUBJECT TO ANTIDUMPING AND Board in addition to efforts to seek long- an amendment to amendment SA 3401 pro- COUNTERVAILING DUTY ORDERS.—Paragraph term reform of the Canadian Wheat Board. posed by Mr. BAUCUS (for himself and Mr. (1) shall not apply to a product that is the (c) REPORTING REQUIREMENT.—No later GRASSLEY) to the bill (H.R. 3009) supra. subject of an antidumping or countervailing than October 1, 2002, the United States Trade SA 3454. Mr. NELSON, of Florida (for him- duty order at the time of the agreement re- Representative shall report to Congress a self and Mr. GRAHAM) submitted an amend- ferred to in paragraph (1), unless the agree- specific plan for implementation of specific ment intended to be proposed to amendment ment provides that as a term, condition, or trade remedies to provide United States SA 3401 proposed by Mr. BAUCUS (for himself qualification of the tariff concession, the wheat farmers with prompt, real relief from and Mr. GRASSLEY) to the bill (H.R. 3009) tariff reduction will not be implemented be- the unfair trade practices of the Canadian supra; which was ordered to lie on the table. fore the date that is 1 year after the date of Wheat Board, and a specific timetable to
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seek long-term reform of the Canadian ‘‘(5) INDUSTRY-WIDE CERTIFICATION.—If the mission’) begins an investigation under sec- Wheat Board, ensuring that there is no Secretary receives a petition under sub- tion 202 with respect to fish or a class of fish, undue delay. section (b)(2)(E) on behalf of all workers in a the Commission shall immediately notify domestic industry producing an article or re- the Secretary of the investigation. SA 3443. Mr. REID (for Mr. REED (for ceives 3 or more petitions under subsection ‘‘(b) NOTIFICATION OF AFFIRMATIVE DETER- himself, Mr. BINGAMAN, AND MR. (b)(2) within a 180-day period on behalf of MINATION.—Whenever the Commission makes CORZINE)) proposed an amendment to groups of workers producing the same arti- a report under section 202(f) containing an amendment SA 3401 proposed by Mr. cle, the Secretary shall make a determina- affirmative finding regarding serious injury, tion under subsections (a)(1) and (c)(1) of this or the threat thereof, to a domestic industry BAUCUS (for himself and Mr. GRASSLEY) section with respect to the domestic indus- producing fish or a class of fish, the Commis- to the bill (H.R. 3009) to extend the An- try as a whole in which the workers are or sion shall immediately notify the Secretary dean Trade Preference Act, to grant were employed.’’. of that finding.’’. additional trade benefits under that (c) COORDINATION WITH OTHER TRADE PROVI- Act, and for other purposes. SIONS.— SA 3446. Mr. BROWNBACK submitted On page 9, beginning on line 24, strike all (1) RECOMMENDATIONS BY ITC.— an amendment intended to be proposed through page 10, line 9, and insert the fol- (A) Section 202(e)(2)(D) of the Trade Act of to amendment SA 3401 proposed by Mr. lowing: 1974 (19 U.S.C. 2252(e)(2)(D)) is amended by BAUCUS (for himself and Mr. GRASSLEY) ‘‘(11) DOWNSTREAM PRODUCER.—The term striking ‘‘, including the provision of trade to the bill (H.R. 3009) to extend the An- ‘downstream producer’ means a firm that adjustment assistance under chapter 2’’. (B) Section 203(a)(3)(D) of the Trade Act of dean Trade Preference Act, and for performs additional, value-added production other purposes; which was ordered to processes, including a firm that performs 1974 (19 U.S.C. 2252(a)(3)(D)) is amended by final assembly, finishing, or packaging of ar- striking ‘‘, including the provision of trade lie on the table; as follows: ticles produced by another firm. adjustment assistance under chapter 2’’. At the appropriate place, insert the fol- On page 12, beginning on line 19, strike all (2) ASSISTANCE FOR WORKERS.—Section lowing: through line 24, and insert the following: 203(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. SEC. ll. DEMOCRACY AND FREEDOM THROUGH ‘‘(24) SUPPLIER.—The term ‘supplier’ means 2252(a)(1)(A)) is amended to read as follows: TRADE ACT. a firm that produces component parts for, or ‘‘(A) After receiving a report under section (a) FINDINGS.—Congress makes the fol- articles considered to be a part of, the pro- 202(f) containing an affirmative finding re- lowing findings: duction process for articles produced by a garding serious injury, or the threat thereof, (1) The United States is now engaged in a firm or subdivision covered by a certification to a domestic industry— war against terrorism, and it is vital that of eligibility under section 231. The term ‘‘(i) the President shall take all appro- the United States respond to this threat ‘supplier’ also includes a firm that provides priate and feasible action within his power; through the use of all available resources. services under contract to a firm or subdivi- and (2) Open markets between the United sion covered by such certification. ‘‘(ii) the Secretary of Labor, the Secretary States and friendly nations remains a vital of Agriculture, or the Secretary of Com- component of our Nation’s national security SA 3444. Mr. NELSON of Nebraska merce, as appropriate, shall certify as eligi- for the purposes of forming long, lasting submitted an amendment intended to ble for trade adjustment assistance under friendships, strategic partnerships, and cre- be proposed to amendment SA 3401 pro- section 231(a), 292, or 299B, workers, farmers, ating new long-term allies through the ex- or fishermen who are or were employed in posed by Mr. BAUCUS (for himself and portation of America’s democratic ideals, the domestic industry defined by the Com- civil liberties, freedoms, ethics, principles, Mr. GRASSLEY) to the bill (H.R. 3009) to mission if such workers, farmers, or fisher- tolerance, openness, ingenuity, and produc- extend the Andean Trade Preference men become totally or partially separated, tiveness. Act, to grant additional trade benefits or are threatened to become totally or par- (3) Utilizing trade with other nations is in- under that Act, and for other purposes; tially separated not more than 1 year before dispensable to United States foreign policy which was ordered to lie on the table; or not more than 1 year after the date on in that trade assists developing nations in as follows: which the Commission made its report to the achieving these very objectives. President under section 202(f).’’. On page 246, line 21, insert ‘‘expeditious’’ (4) It is in the United States national secu- (3) SPECIAL LOOK-BACK RULE.—Section after ‘‘providing for’’. rity interests to increase and improve our 203(a)(1)(A) of the Trade Act of 1974 shall ties, economically and otherwise, with Rus- apply to a worker, farmer, or fisherman if SA 3445. Mr. REID (for Mr. BAYH (for sia, Central Asia, and the South Caucasus. not more than 1 year before the date of en- (5) The development of strong political, himself, Mr. DURBIN, Mr. DAYTON, Ms. actment of the Trade Adjustment Assistance economic, and security ties between Russia, MIKULSKI, and Mr. ROCKEFELLER)) pro- Reform Act of 2002 the Commission notified Central Asia, the South Caucasus, and the posed an amendment to amendment SA the President of an affirmative determina- United States will foster stability in this re- 3401 proposed by Mr. BAUCUS (for him- tion under section 202(f) of such Act with re- gion. self and Mr. GRASSLEY) to the bill (H.R. spect the domestic industry in which such (6) The development of open market econo- 3009) to extend the Andean Trade Pref- worker, farmer, or fisherman was employed. mies and open democratic systems in Russia, erence Act, to grant additional trade (d) NOTIFICATION FOR FARMERS AND FISHER- Central Asia and the South Caucasus will MEN.— benefits under that Act, and for other provide positive incentives for American pri- (1) FARMERS.—Section 294 of the Trade Act purposes; as follows: vate investment, increased trade, and other of 1974, as added by section 401, is amended forms of commercial interaction with the At the end of title VII, insert the fol- to read as follows: United States. lowing: ‘‘SEC. 294. NOTIFICATION BY INTERNATIONAL (7) Many of the nations in this region have SEC. 702. NOTIFICATION BY ITC. TRADE COMMISSION. secular Muslim governments that are seek- (a) IN GENERAL.—Section 225 of the Trade ‘‘(a) NOTIFICATION OF INVESTIGATION.— ing closer alliance with the United States Act of 1974, as added by section 111, is amend- Whenever the International Trade Commis- and that have diplomatic and commercial re- ed to read as follows: sion (in this chapter referred to as the ‘Com- lations with Israel. ‘‘SEC. 225. NOTIFICATION BY INTERNATIONAL mission’) begins an investigation under sec- (8) The nations of Russia, Central Asia and TRADE COMMISSION. tion 202 with respect to an agricultural com- the South Caucasus could produce oil and ‘‘(a) NOTIFICATION OF INVESTIGATION.— modity, the Commission shall immediately gas in sufficient quantities to reduce the de- Whenever the International Trade Commis- notify the Secretary of the investigation. pendence of the United States on energy sion begins an investigation under section ‘‘(b) NOTIFICATION OF AFFIRMATIVE DETER- from the volatile Persian Gulf region. 202 with respect to an industry, the Commis- MINATION.—Whenever the Commission makes (9) Normal trade relations between Russia, sion shall immediately notify the Secretary a report under section 202(f) containing an Central Asia, the South Caucasus, and the of that investigation. affirmative finding regarding serious injury, United States will help achieve these objec- ‘‘(b) NOTIFICATION OF AFFIRMATIVE FIND- or the threat thereof, to a domestic industry tives. ING.—Whenever the International Trade producing an agricultural commodity, the (b) SENSE OF CONGRESS.—(1) Prior to ex- Commission makes a report under section Commission shall immediately notify the tending normal trade relations with Russia 202(f) containing an affirmative finding re- Secretary of that finding.’’. and the nations of Central Asia and the garding serious injury, or the threat thereof, (2) FISHERMEN.—Section 299C of the Trade South Caucasus, the President should— to a domestic industry, the Commission Act of 1974, as added by section 501, is amend- (A) obtain the commitment of those coun- shall immediately notify the Secretary of ed to read as follows: tries to developing a system of governance in that finding.’’. ‘‘SEC. 299C. NOTIFICATION BY INTERNATIONAL accordance with the provisions of the Final (b) INDUSTRY-WIDE CERTIFICATION.—Section TRADE COMMISSION. Act of the Conference on Security and Co- 231(c) of the Trade Act of 1974, as added by ‘‘(a) NOTIFICATION OF INVESTIGATION.— operation in Europe (also known as the ‘‘Hel- section 111, is amended by adding at the end Whenever the International Trade Commis- sinki Final Act’’) regarding human rights the following new paragraph: sion (in this chapter referred to as the ‘Com- and humanitarian affairs;
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(B) ensure that those countries have en- treatment (normal trade relations treat- (2) TERMINATION OF APPLICATION OF TITLE deavored to address issues related to their ment) to the products of that country. IV.—On or after the effective date of the ex- national and religious minorities and, as a (2) TERMINATION OF APPLICATION OF TITLE tensions under paragraph (1)(B) of non- member state of the Organization for Secu- IV.—On or after the effective date of the ex- discriminatory treatment to the products of rity and Cooperation in Europe (OSCE), com- tension under paragraph (1)(B) of non- Turkmenistan included under paragraph mitted to adopting special measures for en- discriminatory treatment to the products of (1)(B), title IV of the Trade Act of 1974 shall suring that persons belonging to national Tajikistan included under paragraph (1)(B), cease to apply to that country. minorities have full equality individually as title IV of the Trade Act of 1974 shall cease well as in community with other members of to apply to that country. SA 3447. Mr. REID (for Mr. BYRD) their group; (f) PERMANENT NORMAL TRADE RELATIONS proposed an amendment to amendment (C) ensure that those countries have also FOR UZBEKISTAN.— SA 3401 proposed by Mr. BAUCUS (for committed to enacting legislation to provide (1) PRESIDENTIAL DETERMINATION AND EX- protection against incitement to violence himself and Mr. GRASSLEY) to the bill TENSION OF NONDISCRIMINATORY TREATMENT.— (H.R. 3009) to extend the Andean Trade against persons or groups based on national, Notwithstanding any provision of title IV of racial, ethnic, or religious discrimination, the Trade Act of 1974 (19 U.S.C. 2431 et seq.), Preference Act, to grant additional hostility, or hatred, including anti-Semi- the President may— trade benefits under that Act, to grant tism; and (A) determine that such title should no additional trade benefits under that (D) ensure that those countries have con- longer apply to Uzbekistan; and Act, and for other purposes; as follows: tinued to return communal properties con- (B) after making a determination under Strike section 2107 (a) and (b)(1) and insert fiscated from national and religious minori- subparagraph (A) with respect to Uzbekistan, the following: ties during the Soviet period, facilitating the proclaim the extension of nondiscriminatory (a) MEMBERS AND FUNCTIONS.— reemergence of these communities in the na- treatment (normal trade relations treat- (1) IN GENERAL.—By not later than 60 days tional life of each of those countries and es- ment) to the products of that country. after the date of the enactment of this Act, tablishing the legal framework for comple- (2) TERMINATION OF APPLICATION OF TITLE and not later than 30 days after the con- tion of this process in the future. IV.—On or after the effective date of the ex- vening of each Congress, the Speaker of the (2) Earlier this year the Governments of tension under paragraph (1)(B) of non- House of Representatives and the President the United States and Kazakhstan exchanged discriminatory treatment to the products of Pro Tempore of the Senate shall jointly es- letters underscoring the importance of reli- Uzbekistan included under paragraph (1)(B), gious freedom and human rights, and the tablish and convene the Congressional Over- title IV of the Trade Act of 1974 shall cease sight Group. President should seek similar exchanges to apply to that country. with all nations from the region. (2) MEMBERSHIP FROM THE HOUSE.—In each (g) PERMANENT NORMAL TRADE RELATIONS (c) PERMANENT NORMAL TRADE RELATIONS Congress, the Congressional Oversight Group FOR ARMENIA.— FOR RUSSIA.— shall be comprised of the following Members (1) PRESIDENTIAL DETERMINATION AND EX- (1) PRESIDENTIAL DETERMINATION AND EX- of the House of Representatives: TENSION OF NONDISCRIMINATORY TREATMENT.— TENSION OF NONDISCRIMINATORY TREATMENT.— (A) The Speaker of the House of Represent- Notwithstanding any provision of title IV of Notwithstanding any provision of title IV of atives. the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the Trade Act of 1974 (19 U.S.C. 2431 et seq.), (B) The Majority Leader of the House of the President, after certifying to Congress the President may— Representatives. that all outstanding trade disputes have (A) determine that such title should no (C) The Minority Leader of the House of been resolved with Russia, may— longer apply to Armenia; and Representatives. (A) determine that such title should no (B) after making a determination under (D) Eight additional members appointed by longer apply to Russia; and subparagraph (A) with respect to Armenia, the Speaker of the House of Representatives. (B) after making a determination under proclaim the extension of nondiscriminatory Four members shall be selected from the ma- subparagraph (A) with respect to Russia, treatment (normal trade relations treat- jority party. Four members shall be selected proclaim the extension of nondiscriminatory ment) to the products of that country. from the minority party, after consultation treatment (normal trade relations treat- (2) TERMINATION OF APPLICATION OF TITLE with the Minority Leader of the House of ment) to the products of that country. IV.—On or after the effective date of the ex- Representatives. None of the eight members tensions under paragraph (1)(B) of non- (2) TERMINATION OF APPLICATION OF TITLE appointed under this paragraph may be discriminatory treatment to the products of IV.—On or after the effective date of the ex- members of the Committee on Ways and tensions under paragraph (1)(B) of non- Armenia included under paragraph (1)(B), Means. discriminatory treatment to the products of title IV of the Trade Act of 1974 shall cease (3) MEMBERSHIP FROM THE SENATE.—In each Russia included under paragraph (1)(B), title to apply to that country. Congress, the Congressional Oversight Group IV of the Trade Act of 1974 shall cease to (h) PERMANENT NORMAL TRADE RELATIONS shall also be comprised of the following apply to that country. FOR AZERBAIJAN.— members of the Senate: (d) PERMANENT NORMAL TRADE RELATIONS (1) PRESIDENTIAL DETERMINATION AND EX- (A) The President Pro Tempore of the Sen- FOR KAZAKHSTAN.— TENSION OF NONDISCRIMINATORY TREATMENT.— ate. (1) PRESIDENTIAL DETERMINATION AND EX- Notwithstanding any provision of title IV of (B) The Majority Leader of the Senate. TENSION OF NONDISCRIMINATORY TREATMENT.— the Trade Act of 1974 (19 U.S.C. 2431 et seq.), (C) The Minority Leader of the Senate. Notwithstanding any provision of title IV of the President may— (D) Eight additional members appointed by the Trade Act of 1974 (19 U.S.C. 2431 et seq.), (A) determine that such title should no the President pro tempore of the Senate. the President may— longer apply to Azerbaijan; and Four members shall be selected from the ma- (A) determine that such title should no (B) after making a determination under jority party, after consultation with the Ma- longer apply to Kazakhstan; and paragraph (1) with respect to Azerbaijan, jority Leader of the Senate. Four members (B) after making a determination under proclaim the extension of nondiscriminatory shall be selected from the minority party, subparagraph (A) with respect to treatment (normal trade relations treat- after consultation with the Minority Leader Kazakhstan, proclaim the extension of non- ment) to the products of that country. of the Senate. None of the eight members ap- discriminatory treatment (normal trade re- (2) TERMINATION OF APPLICATION OF TITLE pointed under this paragraph may be mem- lations treatment) to the products of that IV.—On or after the effective date of the ex- bers of the Committee on Finance. country. tensions under paragraph (1)(B) of non- (4) APPOINTMENT OF CO-CHAIRMEN AND (2) TERMINATION OF APPLICATION OF TITLE discriminatory treatment to the products of STAFF.—The Speaker of the House of Rep- IV.—On or after the effective date of the ex- Azerbaijan included under paragraph (1)(B), resentatives, the Minority Leader of the tension under paragraph (1)(B) of non- title IV of the Trade Act of 1974 shall cease House of Representatives, the Majority discriminatory treatment to the products of to apply to that country. Leader of the Senate, and the Minority Lead- Kazakhstan included under paragraph (1)(B), (i) PERMANENT NORMAL TRADE RELATIONS er of the Senate shall each designate a mem- title IV of the Trade Act of 1974 shall cease FOR TURKMENISTAN.— ber to serve as a co-chairman of the Congres- to apply to that country. (1) PRESIDENTIAL DETERMINATION AND EX- sional Oversight Group. (e) PERMANENT NORMAL TRADE RELATIONS TENSION OF NONDISCRIMINATORY TREATMENT.— (5) COORDINATION WITH CONGRESSIONAL AD- FOR TAJIKISTAN.— Notwithstanding any provision of title IV of VISERS FOR TRADE POLICY.—All briefings, con- (1) PRESIDENTIAL DETERMINATION AND EX- the Trade Act of 1974 (19 U.S.C. 2431 et seq.), sultations, conferences, negotiations, and TENSION OF NONDISCRIMINATORY TREATMENT.— the President may— meetings attended by the Congressional Notwithstanding any provision of title IV of (A) determine that such title should no Oversight Group shall be open to the con- the Trade Act of 1974 (19 U.S.C. 2431 et seq.), longer apply to Turkmenistan; and gressional advisers for trade policy ap- the President may— (B) after making a determination under pointed pursuant to section 161 of the Trade (A) determine that such title should no subparagraph (A) with respect Act of 1974 (19 U.S.C. 2211). All documents, longer apply to Tajikistan; and Turkmenistan, proclaim the extension of materials, and other information provided to (B) after making a determination under nondiscriminatory treatment (normal trade the Congressional Oversight Group shall be subparagraph (A) with respect to Tajikistan, relations treatment) to the products of that made available to the congressional advisers proclaim the extension of nondiscriminatory country. for trade policy appointed pursuant to such
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.042 pfrm15 PsN: S17PT1 S4542 CONGRESSIONAL RECORD — SENATE May 17, 2002 section 161. The co-chairmen of the Congres- (cc) may not be amended. Means and, in addition, by the Committee on sional Oversight Group shall regularly meet (ii) The provisions of section 152 (d) and (e) Rules; or with the congressional advisers for trade pol- of the Trade Act of 1974 (19 U.S.C. 2192 (d) and (ii) either House of the Congress to con- icy to ensure that each group is afforded (e)) (relating to the floor consideration of sider an extension disapproval resolution equal access to the meetings, information, certain resolutions in the House and Senate) after June 30, 2005. and consultative processes provided to the apply to a procedural disapproval resolution other. introduced with respect to a trade agree- SA 3450. Mr. REID (for Mr. BYRD) (6) SENATE STAFF AND EXPENSES.— ment, except that subsection (e)(2) of such submitted an amendment intended to (A) IN GENERAL.—The Senate co-chairmen section 152 shall be applied by substituting be proposed an to amendment SA 3401 are authorized to employ such staff and ‘‘6 hours’’ for ‘‘20 hours’’. proposed by Mr. BAUCUS (for himself incur such expenses as may be necessary or (iii) It is not in order for the House of Rep- and Mr. GRASSLEY) to the bill (H.R. appropriate to carry out the duties and func- resentatives to consider any procedural dis- 3009) to extend the Andean Trade Pref- tions of the Congressional Oversight Group. approval resolution not reported by the Com- erence Act, to grant additional trade Payment for meals and food-related expenses mittee on Ways and Means and, in addition, benefits under that Act, and for other may be reimbursed only to the extent such by the Committee on Rules. expenses are incurred in the conduct of offi- (iv) In the Senate, the Committee on Fi- purposes; as follows: cial duties. nance and the Committee on Rules and Ad- At the end of section 2103(b), insert the fol- (B) APPOINTMENT OF STAFF.—The two Sen- ministration shall report the procedural dis- lowing: ate co-chairmen shall designate professional approval resolution not later than 10 days (4) LIMITATIONS.—Notwithstanding any staff to work on the Congressional Oversight after the date the resolution is introduced. If other provision of law, trade authorities pro- Group. The professional staff shall serve all any Committee, to which a resolution is re- cedures shall apply, if at all, only to an im- members of the Congressional Oversight ferred, fails to report the resolution within plementing bill that implements a single Group. the 10-day period, the Committee shall be agreement obtained as a result of the global (C) SPECIAL RULE FOR SENATE STAFF.—In automatically discharged from further con- trade negotiations launched at the Fourth the case of any staff member who is an em- sideration of the resolution and the resolu- Ministerial Conference of the World Trade ployee of a Member of the Senate (or a com- tion shall be placed on the Calendar. Organization in Doha, Qatar, in November, mittee of the Senate), designated to perform (v) Once the procedural disapproval resolu- 2001. duties for Congressional Oversight Group, tion is placed on the Calendar, any Senator SA 3451. Mr. REID (for Mr. BYRD) the staff member shall continue to be paid may make a motion to proceed to consider by the member or the committee. The mem- the resolution. The motion to proceed to proposed an amendment to amendment ber and the committee shall be reimbursed consider the resolution shall not be debat- SA 3401 proposed by Mr. BAUCUS (for by funds authorized under subparagraph (D). able. himself and Mr. GRASSLEY) to the bill (D) EXPENSES.—Expenses shall be paid (H.R. 3009) to extend the Andean Trade from the contingent fund of the Senate, out SA 3449. Mr. REID (for Mr. BYRD) Preference Act, to grant additional of the account of Miscellaneous Items. For proposed an amendment to amendment trade benefits under that Act, and for any fiscal year, not more than $200,000 shall SA 3401 proposed by Mr. BAUCUS (for other purposes; as follows: be expended for staff and expenses (excepting At the appropriate place, insert the fol- himself and Mr. GRASSLEY) to the bill expenses for foreign travel). lowing: (H.R. 3009) to extend the Andean Trade (7) HOUSE STAFF AND EXPENSES.—The House SEC. ll. DISCLOSURE OF INVESTMENTS AND of Representatives may establish its own Preference Act, to grant additional TRANSACTIONS IN CERTAIN FOR- rules for the staffing, compensation, and ex- trade benefits under that Act, and for EIGN COUNTRIES. penses of the House co-chairmen and staff of other purposes; as follows: (a) SECURITIES EXCHANGE ACT OF 1934.— Section 13 of the Securities Exchange Act of the Congressional Oversight Group. On page 266, beginning on line 17, strike all 1934 (15 U.S.C. 78m) is amended by adding at (8) ACCREDITATION.—Each member of the through page 267, line 19, and insert the fol- the end the following new subsection: Congressional Oversight Group described in lowing: ‘‘(i) DISCLOSURE OF INVESTMENTS IN CER- paragraphs (2) and (3) shall be accredited by NTRODUCTION (B) I .—Extension disapproval TAIN FOREIGN ENTITIES.— the United States Trade Representative on resolutions— behalf of the President as official advisers to ‘‘(1) IN GENERAL.—Each designated issuer (i) may be introduced in either House of shall, in accordance with such rules and reg- the United States delegation in negotiations the Congress by any member of such House; for any trade agreement to which this Act ulations as the Commission may prescribe as (ii) shall be referred, in the House of Rep- necessary or appropriate in the public inter- applies. The Congressional Oversight Group resentatives, to the Committee on Ways and shall consult with and provide advice to the est or for the protection of investors— Means and, in addition, to the Committee on ‘‘(A) disclose in each report or other docu- Trade Representative regarding the formula- Rules; and tion of specific objectives, negotiating strat- ment required to be filed under this section, (iii) shall be referred, in the Senate, to the including all annual filings, and in each reg- egies and positions, the development of the Committee on Finance and the Committee istration statement required under section applicable trade agreement, and compliance on Rules and Administration. 14, and the Commission shall consider mate- and enforcement of the negotiated commit- (C) APPLICATION OF SECTION 152 OF THE rial, each investment or transaction in ex- ments under the trade agreement. TRADE ACT OF 1974.— cess of $10,000 by that designated issuer in or (b) GUIDELINES.— (i) REPORT AND DISCHARGE OF COMMIT- with any designated entity; and (1) PURPOSE AND REVISION.—The United TEES.—Each Committee to which an exten- ‘‘(B) display all disclosures required by States Trade Representative, in consultation sion disapproval resolution is referred, shall with the co-chairmen of the Congressional subparagraph (A) prominently for investors. report the resolution not later than 10 days EFINITIONS.—For purposes of this sub- Oversight Group— ‘‘(2) D after the date of introduction of the resolu- section— (A) shall, within 120 days after the date of tion. If any Committee fails to report the ‘‘(A) the term ‘designated entity’ means the enactment of this Act, develop written resolution within the 10-day period, the Com- any company or other entity that is orga- guidelines to facilitate the useful and timely mittee shall be automatically discharged nized under the laws of a foreign country, a exchange of information between the Trade from further consideration of the resolution government-owned corporation of a foreign Representative and the Congressional Over- and the resolution shall be placed on the Cal- country, or the government of any foreign sight Group established under this section; endar. Once the extension disapproval reso- country— and lution is placed on the Calendar, any Senator ‘‘(i) that is subject to sanctions by the Of- (B) may make such revisions to the guide- may make a motion to proceed to consider fice of Foreign Assets Control; or lines as may be necessary from time to time. the resolution. The motion to proceed to ‘‘(ii) the government of which has been de- consider the resolution shall not be debat- termined by the Secretary of State under SA 3448. Mr. REID (for Mr. BYRD) able. proposed an amendment to amendment section 6(j)(1)(A) of the Export Administra- (ii) APPLICATION OF TRADE ACT.—The provi- tion Act of 1979, section 40(d) of the Arms Ex- SA 3401 proposed by Mr. BAUCUS (for sions of section 152 (d) and (e) of the Trade port Control Act, or section 620A of the For- himself and Mr. GRASSLEY) to the bill Act of 1974 (19 U.S.C. 2192 (d) and (e)) (relat- eign Assistance Act of 1961, to have know- (H.R. 3009) to extend the Andean Trade ing to the floor consideration of certain reso- ingly provided support for acts of inter- Preference Act, to grant additional lutions in the House and Senate) apply to ex- national terrorism.’’. trade benefits under that Act, and for tension disapproval resolutions except that ‘‘(B) the term ‘designated issuer’— other purposes; as follows: subsection (e)(2) of such section 152 shall be ‘‘(i) means any issuer of a security reg- On page 287, beginning on line 16, strike all applied by substituting ‘‘6 hours’’ for ‘‘20 istered pursuant to section 12, or the securi- through page 288, line 12, and insert the fol- hours’’. ties of which (including American Deposi- lowing: (D) LIMITATIONS.—It is not in order for— tory Receipts) are directly or indirectly list- (bb) shall be referred to the Committee on (i) the House of Representatives to con- ed for trading or sold on any national securi- Finance and to the Committee on Rules and sider any extension disapproval resolution ties exchange or in any United States over- Administration; and not reported by the Committee on Ways and the-counter market; and
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.045 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4543 ‘‘(ii) includes any subsidiary or other affil- activities of United States persons in the en- facilities in China and the outcome of those iate of such an issuer.’’. vironment or energy sector of a trade part- requests. The report shall also make specific (b) SECURITIES ACT OF 1933.—Section 10 of ner country shall, as part of the program, recommendations on how the Memorandum the Securities Act of 1933 (15 U.S.C. 77j) is support, to the maximum extent practicable, and Statement can be improved, and discuss amended by adding at the end the following the transfer of United States clean energy the status of efforts to improve those agree- new subsection: technology. ments. ‘‘(g) DISCLOSURE OF INVESTMENTS OR (c) AUTHORIZATION OF APPROPRIATIONS.— (d) ENFORCEMENT.— TRANSACTIONS IN CERTAIN FOREIGN ENTI- There are authorized to be appropriated to (1) IN GENERAL.—Not later than 90 days TIES.— the Federal agencies and Government cor- after the date of enactment of this Act, the ‘‘(1) IN GENERAL.—Each designated issuer porations described in (b) such sums as are Commissioner of Customs shall initiate an shall, in accordance with such rules and reg- necessary to carry out this section. inspection program. Pursuant to the inspec- ulations as the Commission may prescribe as tion program, whenever the Commissioner necessary or appropriate in the public inter- SA 3453. Mr. REID (for Mr. BYRD) receives credible evidence that a facility in est or for the protection of investors— proposed an amendment to amendment the People’s Republic of China is using ‘‘(A) disclose in each prospectus required SA 3401 proposed by Mr. BAUCUS (for forced labor to make goods destined for the or permitted by this section, and the Com- himself and Mr. GRASSLEY) to the bill United States, the Commissioner shall re- mission shall consider material, each invest- (H.R. 3009) to extend the Andean Trade quest United States officials be allowed to ment or transaction in excess of $10,000 by inspect the facility. If an inspection is not that designated issuer in or with any des- Preference Act, to grant additional permitted within 60 days of the request, ignated entity; and trade benefits under that Act, and for goods made at that facility shall not be per- ‘‘(B) display all disclosures required by other purposes; as follows: mitted entry at any of the ports of the subparagraph (A) prominently for investors. At the appropriate place, insert the fol- United States, and importation of such goods ‘‘(2) DEFINITIONS.—For purposes of this sub- lowing: shall be prohibited until the inspection is section— carried out. The Secretary of the Treasury SEC. ll. CERTIFICATION REGARDING FORCED ‘‘(A) the term ‘designated entity’ means LABOR. shall prescribe such regulations as may be necessary to carry out the enforcement of any company or other entity that is orga- (a) SHORT TITLE.—This section may be nized under the laws of a foreign country, a cited as the ‘‘Labor Certification Act of this provision. government-owned corporation of a foreign 2002’’. (2) FORCED LABOR.—For purposes of this country, or the government of any foreign (b) CERTIFICATION REQUIRED.— subsection, the term ‘‘forced labor’’ means country— (1) IN GENERAL.—Not later than 6 months convict or prison labor, forced labor, inden- ‘‘(i) that is subject to sanctions by the Of- after the date of enactment of this Act, the tured labor, or labor performed in any type fice of Foreign Assets Control; or Secretary of the Treasury shall require that of involuntary situation. (e) AUTHORIZATION OF CUSTOMS PER- ‘‘(ii) the government of which has been de- any person importing goods into the United SONNEL.—Section 3701 of the Strom Thur- termined by the Secretary of State under States from a country identified as using mond National Defense Authorization Act section 6(j)(1)(A) of the Export Administra- forced labor provide a certificate to the for Fiscal Year 1999 is amended by striking tion Act of 1979, section 40(d) of the Arms Ex- United States Customs Service that the ‘‘for fiscal year 1999’’ and inserting ‘‘for each port Control Act, or section 620A of the For- goods being imported comply with the provi- of fiscal years 2002 and 2003’’. eign Assistance Act of 1961, to have know- sions of section 307 of the Tariff Act of 1930 ingly provided support for acts of inter- (19 U.S.C. 1307) and that no part of the goods SA 3454. Mr. NELSON of Florida (for national terrorism.’’. were made with prison, forced, or indentured ‘‘(B) the term ‘designated issuer’— labor, or with labor performed in any type of himself and Mr. GRAHAM) submitted ‘‘(i) means any issuer of a security reg- involuntary situation. an amendment intended to be proposed istered pursuant to section 12 of the Securi- (2) DEFINITIONS.—In this section: to amendment SA 3401 proposed by Mr. ties Exchange Act of 1934, or the securities of (A) COUNTRY IDENTIFIED AS USING FORCED BAUCUS (for himself and Mr. GRASS- which (including American Depository Re- LABOR.—The term ‘‘country identified as LEY) to the bill (H.R. 3009) to extend ceipts) are directly or indirectly listed for using forced labor’’ means a country identi- the Andean Trade Preference Act, to trading or sold on any national securities ex- fied as using forced labor by the Department change or in any United States over-the- grant additional trade benefits under of State in the most recent Country Reports that Act, and for other purposes; which counter market; and on Human Rights Practices. was ordered to lie on the table; as fol- ‘‘(ii) includes any subsidiary or other affil- (B) GOODS.—For purposes of this section, iate of such an issuer.’’. the term ‘‘goods’’ includes goods, wares, arti- lows: cles, and merchandise mined, produced, or At the end of section 2103(b), insert the fol- SA 3452. Mr. REID (for Mr. BYRD) manufactured wholly or in part in any for- lowing new paragraph: proposed an amendment to amendment eign country. (4) PRODUCTS SUBJECT TO ANTIDUMPING AND SA 3401 proposed by Mr. BAUCUS (for (C) INVOLUNTARY SITUATION.—The term COUNTERVAILING DUTY ORDERS.—Paragraph himself and Mr. GRASSLEY) to the bill ‘‘involuntary situation’’ includes any situa- (1) shall not apply to a product that is the (H.R. 3009) to extend the Andean Trade tion where work is performed on an involun- subject of an antidumping or countervailing Preference Act, to grant additional tary basis, whether or not it is performed in duty order at the time of the agreement re- ferred to in paragraph (1), unless the agree- trade benefits under that Act, and for a penal institution, a re-education through labor program, a pre-trial detention facility, ment provides that as a term, condition, or other purposes; as follows: or any similar situation. qualification of the tariff concession, the On page ll, between lines ll and ll, (D) PRISON, FORCED, OR INDENTURED tariff reduction will not be implemented be- insert the following: LABOR.— fore the date that is 1 year after the date of SEC. ll. CLEAN ENERGY TECHNOLOGY EX- (i) IN GENERAL.—The term ‘‘prison, forced, termination or revocation of such anti- PORTS PROGRAM. or indentured labor’’ includes forced child dumping or countervailing duty order with (a) DEFINITIONS.—In this section: labor or any labor performed for which the respect to all exporters of such product. (1) CLEAN ENERGY TECHNOLOGY.—The term worker does not offer himself voluntarily. ‘‘clean energy technology’’ means an energy (ii) FORCED CHILD LABOR.—The term SA 3455. Mr. NELSON of Florida (for supply or end-use technology that, over the ‘‘forced child labor’’ means forced or inden- himself and Mr. GRAHAM) submitted an lifecycle of the technology, compared with a tured child labor that includes the use of amendment intended to be proposed to comparable technology in commercial use in children under the age of 18 in any form of amendment SA 3401 proposed by Mr. a trade partner country— slavery or practices similar to slavery, such BAUCUS (for himself and Mr. GRASSLEY) (A) results in the emission of substantially as the sale and trafficking of children, debt to the bill (H.R. 3009) to extend the An- lower levels of pollutants or greenhouse bondage and serfdom, and forced or compul- dean Trade Preference Act, to grant gases; and sory labor. (B) may generate substantially smaller or (c) STUDY AND REPORT.—Not later than 6 additional trade benefits under that less toxic volumes of solid or liquid waste. months after the date of enactment of this Act, and for other purposes; which was (2) TRADE PARTNER COUNTRY.—The term Act, the Secretary of State, in consultation ordered to lie on the table; as follows: ‘‘trade partner country’’ means a developing with the Commissioner of Customs, shall re- At the end of section 2103(a), insert the fol- country, country in transition, or other port to Congress on the implementation of lowing new paragraph: country with which United States exporters the existing 1992 Memorandum of Under- (8) PRODUCTS SUBJECT TO ANTIDUMPING AND engage in trade. standing and 1994 Statement of Cooperation COUNTERVAILING DUTY ORDERS.—Paragraph (b) FEDERAL SUPPORT FOR CLEAN ENERGY with the People’s Republic of China regard- (1)(A) shall not apply to a product that is the TECHNOLOGY TRANSFER.—Notwithstanding ing the use of forced labor to make goods subject of an antidumping or countervailing any other provision of law, each Federal destined for the United States. The report duty order at the time of the agreement re- agency or Government corporation carrying shall include information on requests by the ferred to in paragraph (1), unless the agree- out an assistance program in support of the United States to visit suspected forced labor ment provides that as a term, condition, or
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.041 pfrm15 PsN: S17PT1 S4544 CONGRESSIONAL RECORD — SENATE May 17, 2002 qualification of the tariff concession, the the designation of the week beginning May The senior assistant bill clerk read as tariff reduction will not be implemented be- 19, 2002, as ‘‘National Emergency Medical follows: fore the date that is 1 year after the date of Services Week.’’ A resolution (S. Res. 268) designating May the termination or revocation of such anti- There being no objection, the Senate 20, 2002, as a day for Americans to recognize dumping or countervailing duty order with proceeded to consider the concurrent the importance of teaching children about respect to all exporters of such product. resolution. current events in an accessible way to their development as both students and citizens. f Mr. REID. Mr. President, I ask unan- imous consent that the resolution and There being no objection, the Senate AUTHORITY FOR COMMITTEES TO preamble be agreed to; that the motion proceeded to consider the resolution. MEET to reconsider be laid upon the table; Mr. REID. Mr. President, I ask unan- SELECT COMMITTEE ON INTELLIGENCE and that any statements relating to imous consent that the resolution and Mr. REID. Mr. President, I ask unan- the resolution be printed in the preamble be agreed to en bloc; that the imous consent that the Select Com- RECORD. motion to reconsider be laid upon the mittee on Intelligence be authorized to The PRESIDING OFFICER. Without table, with no intervening action or de- meet during the session of the Senate objection, it is so ordered. bate; and that any statements relating on Friday, May 17, 2002, at 10:30 a.m. to The concurrent resolution (S. Con. to the resolution be printed in the hold a business meeting. Res. 112) was agreed to. RECORD. The Presiding Officer. Without objec- The preamble was agreed to. The PRESIDING OFFICER. Without tion, it is so ordered. The concurrent resolution, with its objection, it is so ordered. preamble, reads as follows: The resolution (S. Res. 268) was f agreed to. S. CON. RES. 112 MEASURES PLACED ON The preamble was agreed to. CALENDAR—H.R. 4560 AND H.R. 3694 Whereas emergency medical services are a The resolution, with its preamble, vital public service; Mr. REID. Mr. President, I under- Whereas the members of emergency med- reads as follows: stand there are two bills at the desk, ical services teams are ready to provide life- S. RES. 268 H.R. 4560 and H.R. 3694, that have been saving care to those in need 24 hours a day, Whereas, since its founding in 1902, the read the first time. 7 days a week; Weekly Reader has reported current events The PRESIDING OFFICER. The Sen- Whereas emergency medical services teams in a manner that is accessible to children, consist of emergency physicians, emergency ator is correct. thereby helping millions of children learn to nurses, emergency medical technicians, read, which is an indispensable foundation Mr. REID. I ask unanimous consent paramedics, firefighters, educators, adminis- for success in school and in life; that it be in order, en bloc, for these trators, and others; Whereas the Weekly Reader’s accessible bills to receive a second reading, and Whereas these emergency medical services style has helped children understand many then I will object to any further con- teams served our country with bravery and of the important events that have shaped the sideration of the legislation. heroism on September 11, 2001; world during the past 100 years, including The PRESIDING OFFICER. Without Whereas emergency medical personnel World War I, the Great Depression, World objection, it is so ordered. The bills (emergency physicians, nurses, and emer- War II, the Civil Rights movement, Vietnam, gency medical technicians) courageously de- will be placed on the calendar. the first Moon landing, the collapse of the fended the Nation when called upon to iden- Soviet Union, and the tragic events of Sep- f tify and treat anthrax, the bioterrorist weap- tember 11, 2001; APPOINTMENTS on released in October 2001; Whereas a citizenry well informed about Whereas access to quality emergency care national and international current events is The PRESIDING OFFICER. The dramatically improves the survival and re- critical to a strong democracy; Chair, pursuant to the authority of the covery rate of those who experience sudden Whereas the Weekly Reader is read by majority leader under Public Law 107– illness or injury; nearly 11,000,000 children each week in every 106, announces the appointment of the Whereas providers of emergency medical State, and in more than 90 percent of the following individuals as members of services have traditionally served as the school districts in the United States; and the National Museum of African Amer- safety net of America’s health care system; Whereas on May 20, 2002, children around Whereas approximately 2⁄3 of all emergency the country will join the Weekly Reader in ican History and Culture Plan for Ac- medical services providers are volunteers; celebrating its 100th birthday: Now, there- tion Presidential Commission: Henry Whereas the members of emergency med- fore, be it L. Aaron, of Georgia, Howard Dodson, ical services teams, whether career or volun- Resolved, That the Senate— of New York, Cicely Tyson, of New teer, undergo thousands of hours of special- (1) designates May 20, 2002, as a day for York, and Robert L. Wilkins, of Wash- ized training and continuing education to en- Americans to recognize the importance of ington, D.C. hance their lifesaving skills; teaching children about current events in an The Senator from Georgia (Mr. Whereas Americans benefit daily from the accessible way to their development as both knowledge and skills of these highly trained students and citizens; and CLELAND) (non-voting member) and an- individuals; and (2) requests that the President issue a nounces, pursuant to the authority of Whereas injury prevention and the appro- proclamation calling upon the people of the the majority leader and upon the rec- priate use of the emergency medical services United States to observe that day with ap- ommendation of the Republican Lead- system will help reduce health care costs and propriate activities. er, the appointment of the following save lives: Now, therefore, be it Mr. REID. Mr. President, I suggest additional individuals as members of Resolved by the Senate (the House of Rep- the absence of a quorum. the above commission: Robert Bogle, of resentatives concurring), That Congress— The PRESIDING OFFICER. The (1) designates the week beginning May 19, Pennsylvania, Beverly Thompson, of clerk will call the roll. Kansas, and the Senator from Kansas 2002, as ‘‘National Emergency Medical Serv- ices Week’’; and The senior assistant bill clerk pro- (Mr. BROWNBACK) (non-voting member). (2) requests that the President issue a ceeded to call the roll. f proclamation calling upon the people of the Mr. REID. Mr. President, I ask unan- NATIONAL EMERGENCY MEDICAL United States to observe such week with ap- imous consent that the order for the propriate programs and activities. SERVICES WEEK quorum call be rescinded. f The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- objection, it is so ordered. imous consent that the Senate proceed DESIGNATING A DAY FOR AMERI- f to S. Con. Res. 112, which is at the CANS TO RECOGNIZE IMPOR- desk. TANCE OF TEACHING CURRENT CONCLUSION OF MORNING The PRESIDING OFFICER. The EVENTS BUSINESS clerk will report the concurrent resolu- Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- tion by title. imous consent that the Senate now imous consent that morning business The senior assistant bill clerk read as proceed to Calendar No. 376, S. Res. 268. now be closed. follows: The PRESIDING OFFICER. The The PRESIDING OFFICER. Without A concurrent resolution (S. Con. Res. 112) clerk will report the resolution by objection, it is so ordered. Morning expressing the sense of Congress regarding title. business is now closed.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.043 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4545 ANDEAN TRADE PREFERENCE (C) The Minority Leader of the Senate. and enforcement of the negotiated commit- EXPANSION ACT—Continued (D) Eight additional members appointed by ments under the trade agreement. the President pro tempore of the Senate. (b) GUIDELINES.— Mr. REID. Mr. President, what is the Four members shall be selected from the ma- (1) PURPOSE AND REVISION.—The United business before the Senate? jority party, after consultation with the Ma- States Trade Representative, in consultation The PRESIDING OFFICER. The jority Leader of the Senate. Four members with the co-chairmen of the Congressional trade promotion authority bill is pend- shall be selected from the minority party, Oversight Group— ing before the Senate. after consultation with the Minority Leader (A) shall, within 120 days after the date of Mr. REID. It need not be reported, it of the Senate. None of the eight members ap- the enactment of this Act, develop written pointed under this paragraph may be mem- guidelines to facilitate the useful and timely is pending; is that right? exchange of information between the Trade The PRESIDING OFFICER. The Sen- bers of the Committee on Finance. (4) APPOINTMENT OF CO-CHAIRMEN AND Representative and the Congressional Over- ator is correct. STAFF.—The Speaker of the House of Rep- sight Group established under this section; Mr. REID. I suggest the absence of a resentatives, the Minority Leader of the and quorum. House of Representatives, the Majority (B) may make such revisions to the guide- The PRESIDING OFFICER. The Leader of the Senate, and the Minority Lead- lines as may be necessary from time to time. clerk will call the roll. er of the Senate shall each designate a mem- AMENDMENT NO. 3448 The assistant legislative clerk pro- ber to serve as a co-chairman of the Congres- ceeded to call the roll. sional Oversight Group. (Purpose: To clarify the procedures for procedural disapproval resolutions) Mr. REID. Mr. President, I ask unan- (5) COORDINATION WITH CONGRESSIONAL AD- VISERS FOR TRADE POLICY.—All briefings, con- On page 287, beginning on line 16, strike all imous consent the order for the through page 288, line 12, and insert the fol- quorum call be rescinded. sultations, conferences, negotiations, and meetings attended by the Congressional lowing: The PRESIDING OFFICER. Without Oversight Group shall be open to the con- (bb) shall be referred to the Committee on objection, it is so ordered. gressional advisers for trade policy ap- Finance and to the Committee on Rules and AMENDMENTS NOS. 3447 THROUGH 3453 TO pointed pursuant to section 161 of the Trade Administration; and AMENDMENT NO. 3401 Act of 1974 (19 U.S.C. 2211). All documents, (cc) may not be amended. Mr. REID. Mr. President, I ask unan- materials, and other information provided to (ii) The provisions of section 152 (d) and (e) the Congressional Oversight Group shall be of the Trade Act of 1974 (19 U.S.C. 2192 (d) and imous consent that the pending amend- (e)) (relating to the floor consideration of ment be set aside so I may call up made available to the congressional advisers for trade policy appointed pursuant to such certain resolutions in the House and Senate) amendments at the desk on behalf of section 161. The co-chairmen of the Congres- apply to a procedural disapproval resolution Senator BYRD; that the amendment be sional Oversight Group shall regularly meet introduced with respect to a trade agree- reported by number and then set aside. with the congressional advisers for trade pol- ment, except that subsection (e)(2) of such I call up those amendments at this icy to ensure that each group is afforded section 152 shall be applied by substituting time. equal access to the meetings, information, ‘‘6 hours’’ for ‘‘20 hours’’. The PRESIDING OFFICER. Without and consultative processes provided to the (iii) It is not in order for the House of Rep- other. resentatives to consider any procedural dis- objection, it is so ordered. The clerk approval resolution not reported by the Com- will report the amendments. (6) SENATE STAFF AND EXPENSES.— (A) IN GENERAL.—The Senate co-chairmen mittee on Ways and Means and, in addition, The legislative clerk read as follows: are authorized to employ such staff and by the Committee on Rules. The Senator from Nevada [Mr. REID], for incur such expenses as may be necessary or (iv) In the Senate, the Committee on Fi- Mr. BYRD, proposes amendments numbered appropriate to carry out the duties and func- nance and the Committee on Rules and Ad- 3447 through 3453 to amendment No. 3401. tions of the Congressional Oversight Group. ministration shall report the procedural dis- The amendments are as follows: Payment for meals and food-related expenses approval resolution not later than 10 days may be reimbursed only to the extent such after the date the resolution is introduced. If AMENDMENT NO. 3447 expenses are incurred in the conduct of offi- any Committee, to which a resolution is re- (Purpose: To amend the provisions relating cial duties. ferred, fails to report the resolution within to the Congressional Oversight Group) (B) APPOINTMENT OF STAFF.—The two Sen- the 10-day period, the Committee shall be Strike section 2107 (a) and (b)(1) and insert ate co-chairmen shall designate professional automatically discharged from further con- the following: staff to work on the Congressional Oversight sideration of the resolution and the resolu- (a) MEMBERS AND FUNCTIONS.— Group. The professional staff shall serve all tion shall be placed on the Calendar. (1) IN GENERAL.—By not later than 60 days members of the Congressional Oversight (v) Once the procedural disapproval resolu- after the date of the enactment of this Act, Group. tion is placed on the Calendar, any Senator and not later than 30 days after the con- (C) SPECIAL RULE FOR SENATE STAFF.—In may make a motion to proceed to consider vening of each Congress, the Speaker of the the case of any staff member who is an em- the resolution. The motion to proceed to House of Representatives and the President ployee of a Member of the Senate (or a com- consider the resolution shall not be debat- Pro Tempore of the Senate shall jointly es- mittee of the Senate), designated to perform able. tablish and convene the Congressional Over- duties for Congressional Oversight Group, sight Group. the staff member shall continue to be paid AMENDMENT NO. 3449 (2) MEMBERSHIP FROM THE HOUSE.—In each by the member or the committee. The mem- (Purpose: To clarify the procedures for Congress, the Congressional Oversight Group ber and the committee shall be reimbursed extension disapproval resolutions) shall be comprised of the following Members by funds authorized under subparagraph (D). On page 266, beginning on line 17, strike all of the House of Representatives: (D) EXPENSES.—Expenses shall be paid through page 267, line 19, and insert the fol- (A) The Speaker of the House of Represent- from the contingent fund of the Senate, out lowing: atives. of the account of Miscellaneous Items. For (B) INTRODUCTION.—Extension disapproval (B) The Majority Leader of the House of any fiscal year, not more than $200,000 shall resolutions— Representatives. be expended for staff and expenses (excepting (i) may be introduced in either House of (C) The Minority Leader of the House of expenses for foreign travel). the Congress by any member of such House; Representatives. (7) HOUSE STAFF AND EXPENSES.—The House (ii) shall be referred, in the House of Rep- (D) Eight additional members appointed by of Representatives may establish its own resentatives, to the Committee on Ways and the Speaker of the House of Representatives. rules for the staffing, compensation, and ex- Means and, in addition, to the Committee on Four members shall be selected from the ma- penses of the House co-chairmen and staff of Rules; and jority party. Four members shall be selected the Congressional Oversight Group. (iii) shall be referred, in the Senate, to the from the minority party, after consultation (8) ACCREDITATION.—Each member of the Committee on Finance and the Committee with the Minority Leader of the House of Congressional Oversight Group described in on Rules and Administration. Representatives. None of the eight members paragraphs (2) and (3) shall be accredited by (C) APPLICATION OF SECTION 152 OF THE appointed under this paragraph may be the United States Trade Representative on TRADE ACT OF 1974.— members of the Committee on Ways and behalf of the President as official advisers to (i) REPORT AND DISCHARGE OF COMMIT- Means. the United States delegation in negotiations TEES.—Each Committee to which an exten- (3) MEMBERSHIP FROM THE SENATE.—In each for any trade agreement to which this Act sion disapproval resolution is referred, shall Congress, the Congressional Oversight Group applies. The Congressional Oversight Group report the resolution not later than 10 days shall also be comprised of the following shall consult with and provide advice to the after the date of introduction of the resolu- members of the Senate: Trade Representative regarding the formula- tion. If any Committee fails to report the (A) The President Pro Tempore of the Sen- tion of specific objectives, negotiating strat- resolution within the 10-day period, the Com- ate. egies and positions, the development of the mittee shall be automatically discharged (B) The Majority Leader of the Senate. applicable trade agreement, and compliance from further consideration of the resolution
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\G17MY6.064 pfrm15 PsN: S17PT1 S4546 CONGRESSIONAL RECORD — SENATE May 17, 2002 and the resolution shall be placed on the Cal- port Control Act, or section 620A of the For- country with which United States exporters endar. Once the extension disapproval reso- eign Assistance Act of 1961, to have know- engage in trade. lution is placed on the Calendar, any Senator ingly provided support for acts of inter- (b) FEDERAL SUPPORT FOR CLEAN ENERGY may make a motion to proceed to consider national terrorism.’’. TECHNOLOGY TRANSFER.—Notwithstanding the resolution. The motion to proceed to ‘‘(B) the term ‘designated issuer’— any other provision of law, each Federal consider the resolution shall not be debat- ‘‘(i) means any issuer of a security reg- agency or Government corporation carrying able. istered pursuant to section 12, or the securi- out an assistance program in support of the (ii) APPLICATION OF TRADE ACT.—The provi- ties of which (including American Deposi- activities of United States persons in the en- sions of section 152 (d) and (e) of the Trade tory Receipts) are directly or indirectly list- vironment or energy sector of a trade part- Act of 1974 (19 U.S.C. 2192 (d) and (e)) (relat- ed for trading or sold on any national securi- ner country shall, as part of the program, ing to the floor consideration of certain reso- ties exchange or in any United States over- support, to the maximum extent practicable, lutions in the House and Senate) apply to ex- the-counter market; and the transfer of United States clean energy tension disapproval resolutions except that ‘‘(ii) includes any subsidiary or other affil- technology. (c) AUTHORIZATION OF APPROPRIATIONS.— subsection (e)(2) of such section 152 shall be iate of such an issuer.’’. There are authorized to be appropriated to applied by substituting ‘‘6 hours’’ for ‘‘20 (b) SECURITIES ACT OF 1933.—Section 10 of the Federal agencies and Government cor- hours’’. the Securities Act of 1933 (15 U.S.C. 77j) is porations described in (b) such sums as are (D) LIMITATIONS.—It is not in order for— amended by adding at the end the following necessary to carry out this section. (i) the House of Representatives to con- new subsection: ‘‘(g) DISCLOSURE OF INVESTMENTS OR sider any extension disapproval resolution AMENDMENT NO. 3453 not reported by the Committee on Ways and TRANSACTIONS IN CERTAIN FOREIGN ENTI- (Purpose: To require that certification of Means and, in addition, by the Committee on TIES.— compliance with section 307 of the Tariff Rules; or ‘‘(1) IN GENERAL.—Each designated issuer Act of 1930 be provided with respect to cer- (ii) either House of the Congress to con- shall, in accordance with such rules and reg- tain goods imported into the United sider an extension disapproval resolution ulations as the Commission may prescribe as States) after June 30, 2005. necessary or appropriate in the public inter- est or for the protection of investors— At the appropriate place, insert the fol- AMENDMENT NO. 3450 ‘‘(A) disclose in each prospectus required lowing: (Purpose: To limit the application of trade or permitted by this section, and the Com- SEC. ll. CERTIFICATION REGARDING FORCED authorities procedures to a single agree- mission shall consider material, each invest- LABOR. (a) SHORT TITLE.—This section may be ment resulting from DOHA) ment or transaction in excess of $10,000 by cited as the ‘‘Labor Certification Act of At the end of section 2103(b), insert the fol- that designated issuer in or with any des- ignated entity; and 2002’’. lowing: (b) CERTIFICATION REQUIRED.— (4) LIMITATIONS.—Notwithstanding any ‘‘(B) display all disclosures required by subparagraph (A) prominently for investors. (1) IN GENERAL.—Not later than 6 months other provision of law, trade authorities pro- after the date of enactment of this Act, the cedures shall apply, if at all, only to an im- ‘‘(2) DEFINITIONS.—For purposes of this sub- section— Secretary of the Treasury shall require that plementing bill that implements a single any person importing goods into the United agreement obtained as a result of the global ‘‘(A) the term ‘designated entity’ means any company or other entity that is orga- States from a country identified as using trade negotiations launched at the Fourth forced labor provide a certificate to the Ministerial Conference of the World Trade nized under the laws of a foreign country, a government-owned corporation of a foreign United States Customs Service that the Organization in Doha, Qatar, in November, goods being imported comply with the provi- 2001. country, or the government of any foreign country— sions of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and that no part of the goods AMENDMENT NO. 3451 ‘‘(i) that is subject to sanctions by the Of- fice of Foreign Assets Control; or were made with prison, forced, or indentured (Purpose: To address disclosures by publicly labor, or with labor performed in any type of traded companies of relationships with cer- ‘‘(ii) the government of which has been de- termined by the Secretary of State under involuntary situation. tain countries or foreign-owned corpora- (2) DEFINITIONS.—In this section: tions) section 6(j)(1)(A) of the Export Administra- tion Act of 1979, section 40(d) of the Arms Ex- (A) COUNTRY IDENTIFIED AS USING FORCED At the appropriate place, insert the fol- port Control Act, or section 620A of the For- LABOR.—The term ‘‘country identified as lowing: eign Assistance Act of 1961, to have know- using forced labor’’ means a country identi- SEC. ll. DISCLOSURE OF INVESTMENTS AND ingly provided support for acts of inter- fied as using forced labor by the Department TRANSACTIONS IN CERTAIN FOR- national terrorism.’’. of State in the most recent Country Reports EIGN COUNTRIES. ‘‘(B) the term ‘designated issuer’— on Human Rights Practices. (a) SECURITIES EXCHANGE ACT OF 1934.— ‘‘(i) means any issuer of a security reg- (B) GOODS.—For purposes of this section, Section 13 of the Securities Exchange Act of istered pursuant to section 12 of the Securi- the term ‘‘goods’’ includes goods, wares, arti- 1934 (15 U.S.C. 78m) is amended by adding at ties Exchange Act of 1934, or the securities of cles, and merchandise mined, produced, or the end the following new subsection: which (including American Depository Re- manufactured wholly or in part in any for- ‘‘(i) DISCLOSURE OF INVESTMENTS IN CER- ceipts) are directly or indirectly listed for eign country. TAIN FOREIGN ENTITIES.— trading or sold on any national securities ex- (C) INVOLUNTARY SITUATION.—The term ‘‘(1) IN GENERAL.—Each designated issuer ‘‘involuntary situation’’ includes any situa- shall, in accordance with such rules and reg- change or in any United States over-the- counter market; and tion where work is performed on an involun- ulations as the Commission may prescribe as tary basis, whether or not it is performed in necessary or appropriate in the public inter- ‘‘(ii) includes any subsidiary or other affil- iate of such an issuer.’’. a penal institution, a re-education through est or for the protection of investors— labor program, a pre-trial detention facility, ‘‘(A) disclose in each report or other docu- or any similar situation. AMENDMENT NO. 3452 ment required to be filed under this section, (D) PRISON, FORCED, OR INDENTURED (Purpose: To facilitate the opening of energy including all annual filings, and in each reg- LABOR.— markets and promote the exportation of istration statement required under section (i) IN GENERAL.—The term ‘‘prison, forced, 14, and the Commission shall consider mate- clean energy technologies) or indentured labor’’ includes forced child rial, each investment or transaction in ex- On page ll, between lines ll and ll, labor or any labor performed for which the cess of $10,000 by that designated issuer in or insert the following: worker does not offer himself voluntarily. with any designated entity; and SEC. ll. CLEAN ENERGY TECHNOLOGY EX- (ii) FORCED CHILD LABOR.—The term ‘‘(B) display all disclosures required by PORTS PROGRAM. ‘‘forced child labor’’ means forced or inden- subparagraph (A) prominently for investors. (a) DEFINITIONS.—In this section: tured child labor that includes the use of ‘‘(2) DEFINITIONS.—For purposes of this sub- (1) CLEAN ENERGY TECHNOLOGY.—The term children under the age of 18 in any form of section— ‘‘clean energy technology’’ means an energy slavery or practices similar to slavery, such ‘‘(A) the term ‘designated entity’ means supply or end-use technology that, over the as the sale and trafficking of children, debt any company or other entity that is orga- lifecycle of the technology, compared with a bondage and serfdom, and forced or compul- nized under the laws of a foreign country, a comparable technology in commercial use in sory labor. government-owned corporation of a foreign a trade partner country— (c) STUDY AND REPORT.—Not later than 6 country, or the government of any foreign (A) results in the emission of substantially months after the date of enactment of this country— lower levels of pollutants or greenhouse Act, the Secretary of State, in consultation ‘‘(i) that is subject to sanctions by the Of- gases; and with the Commissioner of Customs, shall re- fice of Foreign Assets Control; or (B) may generate substantially smaller or port to Congress on the implementation of ‘‘(ii) the government of which has been de- less toxic volumes of solid or liquid waste. the existing 1992 Memorandum of Under- termined by the Secretary of State under (2) TRADE PARTNER COUNTRY.—The term standing and 1994 Statement of Cooperation section 6(j)(1)(A) of the Export Administra- ‘‘trade partner country’’ means a developing with the People’s Republic of China regard- tion Act of 1979, section 40(d) of the Arms Ex- country, country in transition, or other ing the use of forced labor to make goods
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.050 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — SENATE S4547 destined for the United States. The report day and we have things to do, but we nounced we are going to do a much bet- shall include information on requests by the appreciate your doing overtime duty as ter job of condensing the votes. Votes United States to visit suspected forced labor the Presiding Officer. will be 15 minutes, and we have, over facilities in China and the outcome of those requests. The report shall also make specific f months, said that we would extend recommendations on how the Memorandum those 5 minutes. But that extension ORDERS FOR MONDAY, MAY 20, has now gone 15 minutes, so our votes and Statement can be improved, and discuss 2002 the status of efforts to improve those agree- have now become 30-minute votes. ments. Mr. REID. I ask unanimous consent People are going to start missing (d) ENFORCEMENT.— when the Senate completes its business votes. I know they are going to be (1) IN GENERAL.—Not later than 90 days today, it adjourn until 1 p.m. Monday, after the date of enactment of this Act, the upset, but people are going to miss Commissioner of Customs shall initiate an May 20; that following the prayer and votes. We are not going to continually inspection program. Pursuant to the inspec- pledge, the Journal of proceedings be waste everyone else’s time. We have tion program, whenever the Commissioner approved to date, the morning hour be numerous votes to conduct next week, receives credible evidence that a facility in deemed expired, the time for the two as indicated by all these amendments the People’s Republic of China is using leaders be reserved for their use later that have been offered. Even if we did forced labor to make goods destined for the in the day, and the Senate be in a pe- not have a lot of votes, there is no need United States, the Commissioner shall re- riod of morning business until 2 p.m., quest United States officials be allowed to to have people, when there is a vote, inspect the facility. If an inspection is not with Senators permitted to speak for stand around waiting for other people permitted within 60 days of the request, up to 10 minutes each, with the first to complete their business. People goods made at that facility shall not be per- half hour of time under the control of waste lots of time. mitted entry at any of the ports of the Senator DORGAN or his designee and One reason people are not here when United States, and importation of such goods the second half hour under the control they are supposed to be is they know shall be prohibited until the inspection is of the Republican leader or his des- the votes do not take the amount of carried out. The Secretary of the Treasury ignee; and that at 2 p.m. the Senate re- time they are supposed to take. So I shall prescribe such regulations as may be sume consideration of the trade act. necessary to carry out the enforcement of hope people cooperate. If not, they are this provision. The PRESIDING OFFICER. Without going to have a voting record not as (2) FORCED LABOR.—For purposes of this objection, it is so ordered. good as they would like. subsection, the term ‘‘forced labor’’ means f convict or prison labor, forced labor, inden- f tured labor, or labor performed in any type PROGRAM of involuntary situation. Mr. REID. Mr. President, there will (e) AUTHORIZATION OF CUSTOMS PER- be no rollcall votes on Monday. The ADJOURNMENT UNTIL MONDAY, SONNEL.—Section 3701 of the Strom Thur- MAY 20, 2002, AT 1 P.M. mond National Defense Authorization Act next rollcall vote will occur at approxi- for Fiscal Year 1999 is amended by striking mately 11 a.m. on Tuesday on cloture Mr. REID. If there is no further busi- ‘‘for fiscal year 1999’’ and inserting ‘‘for each on the steel amendment to the trade ness to come before the Senate, I ask of fiscal years 2002 and 2003’’. act. unanimous consent the Senate stand in The PRESIDING OFFICER. The I would say all staff members and all adjournment under the previous order. amendments are now set aside. Senators should understand that the There being no objection, the Senate, Mr. REID. Mr. President, I appreciate majority leader, in consultation with at 1:13 p.m., adjourned until Monday, your patience. We know it is late in the the Republican leader, today an- May 20, 2002, at 1 p.m.
VerDate May 14 2002 00:50 May 18, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A17MY6.050 pfrm15 PsN: S17PT1 May 17, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E831 EXTENSIONS OF REMARKS
IN HONOR OF FORMER MEMBER Mr. Speaker, I ask that the House of Rep- THE MANY VALUES OF MUSIC GEORGE E. BROWN, JR. AND THE resentatives join me today in honoring the EDUCATION 50TH ANNIVERSARY OF THE 50th anniversary of the Monterey Park Demo- FOUNDING OF THE MONTEREY cratic Club and in paying tribute to their first HON. LOUISE McINTOSH SLAUGHTER PARK DEMOCRATIC CLUB president, the Honorable George E. Brown, OF NEW YORK Jr., and all the members of the Club. IN THE HOUSE OF REPRESENTATIVES HON. ADAM B. SCHIFF f Thursday, May 16, 2002 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES RECOGNIZING BRIAN C. KARHOFF Ms. SLAUGHTER. Mr. Speaker, as a mem- ON HIS APPOINTMENT TO THE Thursday, May 16, 2002 ber of the House, and as Chairwoman of the U.S. MILITARY ACADEMY Congressional Arts Caucus, I constantly work Mr. SCHIFF. Mr. Speaker, I rise to today in to support and expand the enjoyment of artis- great honor to ask the House of Representa- HON. PAUL E. GILLMOR tic and musical expression for all Americans. tives to pause to remember a former Member I especially recognize the positive educational of Congress, George E. Brown, Jr, and to pay OF OHIO IN THE HOUSE OF REPRESENTATIVES and economic aspects of the arts and, be- tribute to him and to the Monterey Park Demo- cause of these benefits, have worked on a bi- cratic Club, which he helped found 50 years Thursday, May 16, 2002 partisan basis to secure additional funding for ago. Mr. GILLMOR. Mr. Speaker, it is with great the National Endowment for the Arts and the As a new Representative to Congress, I pride that I rise today to recognize my con- National Endowment for the Humanities. know that I stand on the shoulders of many gi- stituent, Brian C. Karhoff of Pandora, Ohio, It is because of my interest in the arts that ants who have come before me, including the who recently accepted his appointment to the I was pleased to read Tim Wendel’s article longest serving Member of Congress in the U.S. Military Academy at West Point. ‘‘Healing Harmonies’’ (USA Weekend 10/28/ history of my state—George Brown. Fifty years ago, in his early thirties, George Brian will soon graduate from Pandora-Gil- 01). It now appears that the arts—and music Brown had settled in the Los Angeles suburb boa High School. During his high school ca- specifically—offer additional benefits that are of Monterey Park. With several other civicly- reer, he has maintained a 4.0 grade point av- closely related to my professional training as a active residents, he helped found the Demo- erage, and is a member of the National Honor microbiologist. While microbiology strives to cratic Club of that community. George was its Society. He is an accomplished athlete, earn- benefit public health both through research first President. Today, the Club is headed by ing a varsity letter in football. And, he has and treatment, Wendel now shows that music President Irving Willner, a Club member for 48 clearly demonstrated his leadership ability, similarly benefits public health. In his article, years and its longest serving President at earning the rank of Eagle Scout, class treas- Wendel shows that top neuroscientists have ‘‘only’’ 18 years of service. urer and treasurer of the National Honor Soci- found music aids in pain relief, in battling can- From being Club President, George ran for ety. cer, and by accelerating the healing process public office. Like many here in this body, he Brian Karhoff can be very proud of his many for stroke victims and victims of Parkinson’s lost his first race. But he had persistence and accomplishments. He is a credit to his family, disease. Music has even been tied to the re- conviction, ran again, and was elected to the his school, and his community. By accepting trieval of lost memory for Alzheimer’s patients, Monterey Park City Council, became Mayor, his appointment, Brian is accepting a unique and to improved concentration in children with then was elected to the California State As- challenge. Attention Deficit Hyperactivity Disorder. sembly in 1958. He ran and was elected to The Academy is the pinnacle of leadership One may conclude from Wendel’s ‘‘Healing the U.S. House of Representatives in 1962. In development for the United States Army. As a Harmonies’’ that the benefits of music are in- 1970, he left his House seat to run for the member of the U.S. Corps of Cadets, he will deed extraordinary. I would like to note, how- U.S. Senate. He lost in a close Democratic face a most demanding academic curriculum ever, that it is in great part because of the tal- primary. He then ran again for the House in and physical regimen. He will live, study and ent and dedication of music educators that we 1972, and won. And he continued to win. prepare in an environment where strong lead- are able to reap the diverse rewards of music. Even though he had some of the most con- ership thrives, individual achievement is ex- Not only do these educators bring to us an sistently close races in the nation, George pected, and personal integrity is demanded. aesthetic appreciation of music, they also cre- won 14 more times, winning his last race in Mr. Speaker, General John W. Vessey, Jr. ate, through music, benefits that spill over to 1998, before passing away in 1999. A tremen- once wrote, ‘‘The Nation’s ability to remain other educational disciplines as well. dous electoral record. free and at peace depends in no small meas- MENC—The National Association for Music George Brown had an impressive public pol- ure on whether we will continue to inspire our Education provides data illustrating some of icy record. He was known in Congress for his youth to serve.’’ these advantages. In its official publications, support for anti-poverty programs, for peace, I am confident that Brian Karhoff has the MENC reports that students involved in music for space and scientific advancement, and for character and ability to excel at the U.S. Mili- earn better grades than their peers and score civil rights and tolerance of diversity—a cause tary Academy at West Point. I ask my col- higher on their SATs. Music study also cor- that he shared deeply with the Monterey Park leagues to join me in wishing him well as he relates directly with a proficiency in language Democratic Club. begins his very important service to our Na- acquisition and mathematical reasoning. George remains deeply remembered and tion. The Congress has recognized the powerful appreciated in Monterey Park and by the past f impact of music education. In the recently- and current members of the Monterey Park passed ‘‘No Child Left Behind Act,’’ music Democratic Club. As social commentators PERSONAL EXPLANATION educators such as the members of MENC are have long noted about America, it is our free- entrusted not only with the important role of dom to form voluntary clubs and associations HON. FRANK MASCARA nurturing music and the arts in our schools, that keeps America vibrant and gives Ameri- OF PENNSYLVANIA but have also been given by Congress a stat- cans a good part of our ability to exercise our IN THE HOUSE OF REPRESENTATIVES utory voice in the educational policy process. political rights and participate in our political Working with school administrators, music system. Through their 50 years of organiza- Thursday, May 16, 2002 educators will help ensure that our students tional life, the Monterey Park Democratic Club Mr. MASCARA. Mr. Speaker, on May 15, receive the many positive benefits of music, and its members have helped the people of 2002, I was absent for personal reasons and which eventually benefit us all. Monterey Park become civicly active in the missed roll call votes numbered 165 and 166. I invite my colleagues to take this oppor- cause of a continually better city, a better na- For the record, had I been present I would tunity to review selected excerpts from both tion, and a better world. have voted no on both of these votes. Wendel’s article and the Music In Our Schools
∑ 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.
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HIGHLIGHTS Senate passed H.R. 3167, Gerald B.H. Solomon Freedom Consolidation Act/NATO Expansion. Senate company for assistance with health insurance cov- Chamber Action erage and interim assistance. Page S4519 Routine Proceedings, pages S4511–S4547 Daschle Amendment No. 3434 (to Amendment Measures Introduced: Three bills and two resolu- No. 3433), to clarify that steelworker retirees and el- tions were introduced, as follows: S. 2531–2533, and igible beneficiaries are not eligible for other trade S. Con. Res. 112–113. adjustment assistance unless they would otherwise be eligible for that assistance. Page S4519 Measures Passed: Dorgan Amendment No. 3439 (to Amendment Gerald B.H. Solomon Freedom Consolidation No. 3401), to permit private financing of agricul- Act/NATO Expansion: By 85 yeas to 6 nays (Vote tural sales to Cuba. Pages S4520–23 No. 116), Senate passed H.R. 3167, to endorse the Allen Amendment No. 3406 (to Amendment No. vision of further enlargement of the NATO Alliance 3401), to provide mortgage payment assistance for articulated by President George W. Bush on June employees who are separated from employment. 15, 2001, and by former President William J. Clin- Pages S4523–25 ton on October 22, 1996, clearing the measure for Hutchison Amendment No. 3441 (to Amendment the President. Pages S4514–18 No. 3401), to prohibit a country that has not taken National Emergency Medical Services Week: steps to support the United States efforts to combat Senate agreed to S. Con. Res. 112, expressing the terrorism from receiving certain trade benefits. sense of Congress regarding the designation of the Pages S4527–28 week beginning May 19, 2002, as ‘‘National Emer- Dorgan Amendment No. 3442 (to Amendment gency Medical Services Week’’. Page S4544 No. 3401), to require the United States Trade Rep- resentative to identify effective trade remedies to ad- Child Development Strategy: Senate agreed to S. dress the unfair trade practices of the Canadian Res. 268, designating May 20, 2002, as a day for Wheat Board. Pages S4528–29 Americans to recognize the importance of teaching Reid (for Kerry) Amendment No. 3430 (to children about current events in an accessible way to Amendment No. 3401), to ensure that any artificial their development as both students and citizens. trade distorting barrier relating to foreign invest- Page S4544 ment is eliminated in any trade agreement entered Andean Trade Preference Expansion Act: Senate into under the Bipartisan Trade Promotion Author- continued consideration of H.R. 3009, to extend the ity Act of 2002. Page S4529 Andean Trade Preference Act, and to grant addi- Reid (for Torricelli/Mikulski) Amendment No. tional trade benefits under that Act, taking action on 3415 (to Amendment No. 3401), to amend the the following amendments proposed thereto: labor provisions to ensure that all trade agreements Pages S4519–25, S4527–30, S4545–47 include meaningful, enforceable provisions on work- Pending: ers’ rights. Page S4529 Baucus/Grassley Amendment No. 3401, in the na- Reid (for Reed) Amendment No. 3443 (to ture of a substitute. Pages S4519–25, S4527–30, S4545–47 Amendment No. 3401), to restore the provisions re- Rockefeller Amendment No. 3433 (to Amend- lating to secondary workers. Pages S4529–30 ment No. 3401), to provide a 1-year eligibility pe- Reid (for Nelson (FL)/Graham) Amendment No. riod for steelworker retirees and eligible beneficiaries 3440 (to Amendment No. 3401), to limit tariff re- affected by a qualified closing of a qualified steel duction authority on certain products. Page S4530 D505
VerDate 11-MAY-2000 04:37 May 18, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17MY2.REC pfrm01 PsN: D17MY2 D506 CONGRESSIONAL RECORD — DAILY DIGEST May 17, 2002 Reid (for Bayh) Amendment No. 3445 (to cess on Tuesday from 12:30 p.m., to 2:15 p.m., for Amendment No. 3401), to require the ITC to give the respective party conference meetings. notice of section 202 investigations to the Secretary Pages S4519–20 of Labor. Page S4530 Appointment: Reid (for Byrd) Amendment No. 3447 (to Amendment No. 3401), to amend the provisions re- National Museum of African American History lating to the Congressional Oversight Group. and Culture Plan for Action Presidential Commis- sion: The Chair, pursuant to the authority of the Page S4545 Majority Leader under Public Law 107–106, an- Reid (for Byrd) Amendment No. 3448 (to nounced the appointment of the following individ- Amendment No. 3401), to clarify the procedures for uals as members of the National Museum of African procedural disapproval resolutions. Page S4545 American History and Culture Plan for Action Presi- Reid (for Byrd) Amendment No. 3449 (to dential Commission: Henry L. Aaron, of Georgia; Amendment No. 3401), to clarify the procedures for Howard Dodson, of New York; Cicely Tyson, of extension disapproval resolutions. Pages S4545–46 New York; Robert L. Wilkins, of Washington, D.C.; Reid (for Byrd) Amendment No. 3450 (to and Senator Cleland (non-voting member); and an- Amendment No. 3401), to limit the application of nounced, pursuant to the authority of the Majority trade authorities procedures to a single agreement re- Leader and upon the recommendation of the Repub- sulting from DOHA. Page S4546 lican Leader, the appointment of the following addi- Reid (for Byrd) Amendment No. 3451 (to tional individuals as members of the above commis- Amendment No. 3401), to address disclosures by sion: Robert Bogle, of Pennsylvania; Beverly Thomp- publicly traded companies of relationships with cer- son, of Kansas; and Senator Brownback (non-voting tain countries or foreign-owned corporations. member). Page S4544 Page S4546 Reid (for Byrd) Amendment No. 3452 (to Measures Placed on Calendar: Page S4535 Amendment No. 3401), to facilitate the opening of Executive Reports of Committees: Page S4535 energy markets and promote the exportation of clean Additional Cosponsors: Pages S4535–36 energy technologies. Page S4546 Statements on Introduced Bills/Resolutions: Reid (for Byrd) Amendment No. 3453 (to Amendment No. 3401), to require that certification Pages S4536–39 of compliance with section 307 of the Tariff Act of Additional Statements: Pages S4533–35 1930 be provided with respect to certain goods im- Amendments Submitted: Pages S4539–44 ported into the United States. Pages S4546–47 Authority for Committees to Meet: Page S4544 A motion was entered to close further debate on Rockefeller Amendment No. 3433 (to Amendment Record Votes: One record vote was taken today. No. 3401) and, in accordance with the provisions of (Total—116) Page S4518 Rule XXII of the Standing Rules of the Senate, a Adjournment: Senate met at 9:30 a.m., and ad- cloture vote will occur on Tuesday, May 21, 2002, journed at 1:13 p.m., until 1 p.m., on Monday, May at 11 a.m. Page S4519 20, 2002. (For Senate’s program, see the remarks of A unanimous-consent agreement was reached pro- the Acting Majority Leader in today’s Record on viding for further consideration of the bill at 2 p.m., page S4547). on Monday, May 20, 2002. Page S4547 Program for Tuesday—Agreement: A unanimous- Committee Meetings consent agreement was reached providing that when the Senate completes its business on Monday, May (Committees not listed did not meet) 20, the Senate stand adjourned until 9 a.m., Tues- day, May 21; that on Tuesday, at 9:30 a.m., the Sen- GOLDEN DOLLAR PROGRAM ate resume consideration of H.R. 3009, Andean Committee on Appropriations: Subcommittee on Treas- Trade Preference Expansion Act (listed above); that ury and General Government concluded hearings to there be 90 minutes of debate with respect to the examine the status of the golden dollar coin pro- cloture motion on Rockefeller Amendment No. gram, focusing on the future of the Sakakawea Gold- 3433 (to Amendment No. 3401), listed above; and en Dollar Coin, actions the United States Mint has that the Senate vote on the motion to invoke cloture taken in marketing the dollar coin, and the Federal at 11 a.m., with the mandatory quorum required Reserve’s role in distributing the coin, after receiving under Rule 22 being waived, without intervening testimony from Henrietta Holsman Fore, Director, action or debate; provided further that the Senate re- United States Mint, Department of the Treasury;
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Louise L. Roseman, Director, Division of Reserve disaster response technology within the National In- Bank Operations and Payment Systems, Board of stitute of Standards and Technology, with an amend- Governors of the Federal Reserve System; James C. ment in the nature of a substitute; Benfield, Bracy Tucker Brown, Washington, D.C., S. 2182, to authorize funding for computer and on behalf of the Coin Coalition; and Amy Mossett, network security research and development and re- New Town, North Dakota. search fellowship programs, with an amendment in BUSINESS MEETING the nature of a substitute; S. 2329, to improve seaport security, with an Committee on Commerce, Science, and Transportation: amendment; Committee ordered favorably reported the following S. 2428, to amend the National Sea Grant College business items: Program Act; and S. 2201, to protect the online privacy of individ- The nomination of Harold D. Stratton, of New uals who use the Internet, with an amendment in Mexico, to be Chairman and a Commissioner of the the nature of a substitute; Consumer Product Safety Commission; and routine S. 630, to prohibit senders of unsolicited commer- nominations for promotions in the United States cial electronic mail from disguising the source of Coast Guard. their messages, to give consumers the choice to cease receiving a sender’s unsolicited commercial electronic BUSINESS MEETING mail messages, with an amendment in the nature of a substitute; Committee on Environment and Public Works: Com- S. 414, to amend the National Telecommuni- mittee ordered favorably reported S. 1961, to im- cations and Information Administration Organization prove financial and environmental sustainability of Act to establish a digital network technology pro- the water programs of the United States, with an gram; amendment in the nature of a substitute. S. 2037, to mobilize technology and science ex- perts to respond quickly to the threats posed by ter- INTELLIGENCE rorist attacks and other emergencies, by providing Select Committee on Intelligence: Committee met in for the establishment of a national emergency tech- closed session to consider pending intelligence mat- nology guard, a technology reliability advisory ters, made no announcements, and recessed subject board, and a center for evaluating antiterrorism and to call. h House of Representatives Rockefeller Amendment No. 3433 (to Amendment Chamber Action No. 3401), to occur at 11 a.m. The House was not in session today. It will meet During the balance of the week, Senate may con- at 12:30 p.m. on Monday, May 20 for morning hour sider the Supplemental Appropriations bill, and any debate. other cleared legislative and executive business. Committee Meetings Senate Committees No Committee meetings were held. (Committee meetings are open unless otherwise indicated) f Special Committee on Aging: May 20, to hold hearings to examine financial crimes targeting the elderly, focusing CONGRESSIONAL PROGRAM AHEAD on the nature, scope, and effect these crimes have on sen- Week of May 20 through May 25, 2002 iors, and to raise awareness of financial exploitation of the elderly, 2 p.m., SD–215. Senate Chamber May 23, Full Committee, to hold hearings to examine challenges women face concerning retirement and secu- On Monday, Senate will resume consideration of rity, 9:30 a.m., SD–628. H.R. 3009, Andean Trade Preference Expansion Act. Committee on Appropriations: May 21, Subcommittee on On Tuesday, Senate will continue consideration of Defense, to hold hearings on proposed budget estimates H.R. 3009, Andean Trade Preference Expansion Act, for fiscal year 2003 for the Department of Defense, 10 with a vote on the motion to close further debate on a.m., SD–192.
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May 22, Subcommittee on Labor, Health and Human May 23, Full Committee, to hold hearings to examine Services, and Education, to hold hearings to examine voting representation in Congress for the citizens of the issues surrounding Parkinson’s disease, 9:30 a.m., District of Columbia, 2:30 p.m., SD–342. SH–216. Committee on Health, Education, Labor, and Pensions: May Committee on Armed Services: May 21, Subcommittee on 21, to hold hearings to examine strategies for improving Emerging Threats and Capabilities, to hold hearings to nutrition and physical activity in America, 2:30 p.m., examine management improvement of Department of De- SD–430. fense Test and Evaluation Facilities, 9:30 a.m., SR–232A. May 23, Full Committee, to hold hearings to examine Committee on Banking, Housing, and Urban Affairs: May equal opportunity in American schools, 9:30 a.m., 21, business meeting to mark up the Public Company SD–430. Accounting Reform and Investor Protection Act of 2002, Committee on Indian Affairs: May 22, to hold hearings 10 a.m., SD–538. on S.1340, to amend the Indian Land Consolidation Act Committee on Commerce, Science, and Transportation: May to provide for probate reform with respect to trust or re- 21, to hold hearings to examine progress concerning avia- stricted lands, 10 a.m., SR–485. tion security issues, 9:30 a.m., SR–253. Select Committee on Intelligence: May 22, to hold closed May 21, Subcommittee on Consumer Affairs, Foreign hearings on pending intelligence matters, 2:30 p.m., Commerce, and Tourism, to hold hearings to examine SH–219. U.S./Cuban trade policy, 2:30 p.m., SR–253. Committee on the Judiciary: May 21, to hold oversight May 22, Full Committee, to hold hearings to examine hearings to examine the Civil Rights Division, Depart- ment of Justice, 2 p.m., SD–226. the promotion of local telecommunication competition, May 22, Subcommittee on Crime and Drugs, to hold focusing on greater broadband deployment, 9:30 a.m., hearings to examine Federal cocaine sentencing policies, SR–253. 10:30 a.m., SD–226. May 22, Subcommittee on Consumer Affairs, Foreign May 23, Full Committee, to hold hearings to examine Commerce, and Tourism, to hold hearings to examine the pending judicial nominations, 2 p.m., SD–226. federal regulation of the sport of boxing, 1 p.m., SH–216. House Chamber May 22, Subcommittee on Science, Technology, and Space, to hold hearings to examine the National Science To be announced. Foundation budget, focusing on Federal research and de- velopment activities, 2:30 p.m., SR–253. House Committees Committee on Energy and Natural Resources: May 22, to Committee on Armed Services, May 21, Special Oversight hold hearings on S.J.Res.34, approving the site at Yucca Panel on Terrorism, hearing on assessing support for ter- Mountain, Nevada, for the development of a repository rorism in the Middle East, 8:30 a.m., 2212 Rayburn. for the disposal of high-level radioactive waste and spent Committee on Energy and Commerce, May 21, Sub- nuclear fuel, pursuant to the Nuclear Waste Policy Act committee on Environment and Hazardous Materials, of 1982, 9:30 a.m., SD–106. hearing titled ‘‘MTBE Contamination in Groundwater: May 23, Full Committee, to continue hearings on Identifying and Addressing the Problem,’’ 3:30 p.m., S.J.Res.34, approving the site at Yucca Mountain, Ne- 2123 Rayburn. vada, for the development of a repository for the disposal May 23, Subcommittee on Commerce, Trade and Con- of high-level radioactive waste and spent nuclear fuel, sumer Protection, hearing on H.R. 3321, American Trav- pursuant to the Nuclear Waste Policy Act of 1982, 9:30 el Promotion Act of 2001, 9:30 a.m., 2123 Rayburn. a.m., SH–216. May 23, Subcommittee on Oversight and Investiga- Committee on Foreign Relations: May 21, to hold hearings tions, hearing entitled ‘‘Assessing America’s Health Risks: on the nominations of Paula A. DeSutter, of Virginia, to How Well Are Medicare’s Clinical Preventive Benefits Serving America’s Seniors? How Will the Next Genera- be Assistant Secretary for Verification and Compliance, tion of Preventive Medical Treatments be Incorporated Michael Alan Guhin, of Maryland, for the rank of Am- and Promoted in the Health Care System?’’ 10 a.m., bassador during tenure of service as U.S. Fissile Material 2322 Rayburn. Negotiator, and Stephen Geoffrey Rademaker, of Dela- Committee on Financial Services, May 22, hearing on Eu- ware, to be Assistant Secretary for Arms Control, all of ropean Union’s Financial Services Action Plan and its im- the Department of State, 10:30 a.m., SD–419. plications for the American financial services industry, 10 May 22, Subcommittee on Western Hemisphere, Peace a.m., 2128 Rayburn. Corps and Narcotics Affairs, to hold hearings to examine May 23, Subcommittee on Oversight and Investiga- the development of biological weapons in Cuba, 10 a.m., tions, hearing entitled ‘‘One Broker Gone Bad: Punishing SD–419. the Criminal, Making Victims Whole,’’ 9:30 a.m., 2128 Committee on Governmental Affairs: May 22, business Rayburn. meeting to consider S.2452, to establish the Department Committee on Government Reform, May 21, Subcommittee of National Homeland Security and the National Office on Civil Service, Census and Agency Organization, hear- for Combating Terrorism; and pending calendar business, ing on ‘‘More Value for Federal Employees: Cafeteria 9:30 a.m., SD–342. Benefit Plans,’’ 1 p.m., 2247 Rayburn.
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May 21, Subcommittee on Criminal Justice, Drug Pol- industrial water delivery facilities, and to eliminate a icy and Human Resources, hearing entitled ‘‘Racial Dis- deadline for such prepayment; and H.R. 4609, to direct parities in Healthcare: Confronting Unequal Treatment,’’ the Secretary of the Interior to conduct a comprehensive 12 p.m., 2154 Rayburn. study of the Rathdrum Prairie/Spokane Valley Aquifer, Committee on International Relations, May 22, hearing on located in Idaho and Washington, 10 a.m., 1334 Long- International Adoptions: Problems and Solution, 10:15 worth. a.m., 2172 Rayburn. May 22, Subcommittee on Water and Power, hearing May 22, Subcommittee on the Middle East and South on the following bills: H.R. 3561, Twenty-First Century Asia, hearing on the Future of U.S.-Saudi Relations, 2 Water Policy Commission Establishment Act; and H.R. p.m., 2172 Rayburn. 4638, to reauthorize the Mni Wiconi Rural Water Sup- Committee on the Judiciary, May 22, Subcommittee on ply Project, 2 p.m., 1334 Longworth. Courts, the Internet, and Intellectual Property, oversight May 23, Subcommittee on Fisheries Conservation, hearing on ‘‘The Accuracy and Integrity of the WHOIS Wildlife and Oceans, oversight hearing on the use of Ma- DATABASE,’’ 10 a.m., 2141 Rayburn. rine Protected Areas (MPAs) as a fisheries management Committee on Resources, May 22, full committee, to mark tool, 10 a.m., 1334 Longworth. up the following: H. Con. Res. 352, expressing the sense Committee on Rules, May 21, to consider a measure mak- of Congress that Federal land management agencies ing supplemental appropriations for the fiscal year ending should fully implement the Western Governors Associa- September 30, 2002, 4:30 p.m., H–313 Capitol. tion ‘‘Collaborative 10-year Strategy for Reducing Committee on Small Business, May 21, Subcommittee on Wildland Fire Risks to Communities and the Environ- Workforce, Empowerment and Government Programs, ment’’ to reduce the overabundance of forest fuels that hearing on Suggestions for improvements in SBA pro- place national resources at high risk of catastrophic wild- grams: veterans and disaster loans sales, focusing on the fire, and prepare a National Prescribed Fire Strategy that progress made by the National Veterans Business Devel- minimizes risks of escape; H. Con. Res. 395, celebrating opment Corporation and on H.R. 3263, Veterans’ Small the 50th anniversary of the constitution of the Common- Business Relief Act of 2001, 2 p.m., 2360 Rayburn. wealth of Puerto Rice; H.R. 521, to amend the Organic Committee on Transportation and Infrastructure, May 21, Act of Guam for the purposes of clarifying the local judi- Subcommittee on Economic Development, Public Build- cial structure of Guam; H.R. 1606, to amend section 507 ings and Emergency Management, to consider pending of the Omnibus Parks and Public Lands Management Act business, 10 a.m., 2253 Rayburn. of 1996 to authorize additional appropriations for histori- May 21, Subcommittee on Highways and Transit, cally black colleges and universities, to decrease the hearing on Relieving Highway Congestion through Ca- matching requirement related to such appropriations; pacity Enhancements and Increased Efficiency, 10 a.m., H.R. 2388, National Heritage Areas Policy Act of 2001; 2167 Rayburn. H.R. 2982, to authorize the establishment of a memorial May 22, full Committee, to mark up the following: within the area in the District of Columbia referred to H.R. 2950, Rail Infrastructure Development and Expan- in the Commemorative Works Act as ‘‘Area I’’ or ‘‘Area sion Act of the 21st Century; H.R. 3429, Over-the-Road II’’ to the victims of terrorist attacks on the United Bus Security and Safety Act of 2001; H.R. 3609, Pipeline States, to provide for the design and construction of such Infrastructure Protection To Enhance Security and Safety a memorial; H.R. 3307, Vicksburg National Military Act; H.R. 4545, Amtrak Reauthorization Act of 2002; Park Boundary Modification Act; H.R. 3380, to authorize the Ronald C. Sheffield Federal Property Protection Act the Secretary of the Interior to issue right-of-way permits of 2002; several public building 11 (b) resolutions; and for natural gas pipelines within the boundary of Great other pending business, 11 a.m., 2167 Rayburn. Smoky Mountains National Park; H.R. 3558, Species May 23, Subcommittee on Aviation, to mark up H.R. Protection and Conservation of the Environment Act; 4635, Arming Pilots Against Terrorism Act, 1 p.m., H.R. 3786, Glen Canyon National Recreation Area 2167 Rayburn. Boundary Revision Act of 2002; H.R. 3858, New River Committee on Ways and Means, May 21, Subcommittee Gorge Boundary Act of 2002; H.R. 3936, to designate on Oversight, hearing on Tax Relief Incentives for Re- and provide for the management of the Shoshone Na- newal Communities, 2 p.m., 1100 Longworth. tional Recreation Trail; H.R. 3942, John Muir National Permanent Select Committee on Intelligence, May 23, Sub- Historic Site Boundary Adjustment Act; H.R. 4103, committee on Human Intelligence, Analysis and Counter- Martin’s Cove Land Transfer Act; H.R. 4129, to amend intelligence and Technical and Tactical Intelligence, exec- the Central Utah Project Completion Act to clarify the utive, on J–2 Issues, 10 a.m., H–405 Capitol. responsibilities of the Secretary of the Interior with re- spect to the Central Utah Project, to redirect unexpended Joint Meetings budget authority for the Central Utah Project for waste- Conference: May 22, meeting of conferees on H.R. 333, water treatment and reuse and other purposes, to provide to amend title 11, United States Code, 2 p.m., S–211, for prepayment of repayment contracts for municipal and Capitol.
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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Monday, May 20 12:30 p.m., Monday, May 20
Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: Consideration of Suspension. morning business (not to extend beyond 2 p.m.), Senate will resume consideration of H.R. 3009, Andean Trade Preference Expansion Act.
Extensions of Remarks, as inserted in this issue
HOUSE Hastings, Alcee L., Fla., E846 Rahall, Nick J., II, W.Va., E832 Hoyer, Steny H., Md., E850 Ramstad, Jim, Minn., E846 Barr, Bob, Ga., E842 Issa, Darrell E., Calif., E848 Reyes, Silvestre, Tex., E849 Bentsen, Ken, Tex., E836 Kanjorski, Paul E., Pa., E836 Rogers, Mike, Mich., E837 Berman, Howard L., Calif., E835 Kennedy, Mark R., Minn., E844 Roybal-Allard, Lucille, Calif., E846 Bonior, David E., Mich., E835, E845 Kilpatrick, Carolyn C., Mich., E842 Rush, Bobby L., Ill., E847 Cantor, Eric, Va., E848 Lantos, Tom, Calif., E833, E840 Sanders, Bernard, Vt., E845 Capito, Shelley Moore, W.Va., E849 LaTourette, Steve C., Ohio, E839 Schaffer, Bob, Colo., E836 Capps, Lois, Calif., E842, E843 McGovern, James P., Mass., E846 Schiff, Adam B., Calif., E831 Capuano, Michael E., Mass., E848 McInnis, Scott, Colo., E842, E843, E844, E851 Shaw, E. Clay, Jr., Fla., E832 Chambliss, Saxby, Ga., E843 Maloney, James H., Conn., E846 Shimkus, John, Ill., E838 Collins, Mac, Ga., E848 Mascara, Frank, Pa., E831, E835 Shows, Ronnie, Miss., E844 Cox, Christopher, Calif., E847 Miller, George, Calif., E839 Slaughter, Louise McIntosh, N.Y., E831 Cummings, Elijah E., Md., E849, E850 Moran, Jerry, Kansas, E844 Solis, Hilda L., Calif., E849 Davis, Danny K., Ill., E842 Ney, Robert W., Ohio, E850 Stark, Fortney Pete, Calif., E835 Diaz-Balart, Lincoln, Fla., E834, E837 Oberstar, James L., Minn., E837 Sweeney, John E., N.Y., E839 Ehrlich, Robert L., Jr., Md., E849 Pallone, Frank, Jr., N.J., E849 Thomas, William M., Calif., E849 Gillmor, Paul E., Ohio, E831, E834, E835, E836, E838 Portman, Rob, Ohio, E837 Upton, Fred, Mich., E844
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