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

Vol. 148 WASHINGTON, THURSDAY, MAY 9, 2002 No. 58 House of Representatives The Reverend Samuel P. Warner, THE JOURNAL His courage is shown by his willing- Pastor, First Presbyterian Church, The SPEAKER. The Chair has exam- ness to change traditions when they Lumberton, North Carolina, offered the ined the Journal of the last day’s pro- become too routine and to challenge us following prayer: ceedings and announces to the House all to become and to do not that which You have entrusted to us, Almighty his approval thereof. is merely convenient or comfortable, God, a rich heritage from the past pur- Pursuant to clause 1, rule I, the Jour- but rather what God calls us to be- chased by the lives and sacrifices of nal stands approved. come. His taking stands for righteous- those who have gone before us and ness and truth in a world of corrupting f whose witness testifies to the cost of influences and compromising attitudes freedom and the price of peace. PLEDGE OF ALLEGIANCE is his hallmark of courageous leader- And You have blessed, O Lord, the The SPEAKER. Will the gentleman ship. people of this Republic, from north and from North Carolina (Mr. MCINTYRE) His commitment is unfailing and un- south and east and west, each one rep- come forward and lead the House in the selfish. With compassion, patience, em- resented here, with a dream for today Pledge of Allegiance. pathy and understanding, Sam Warner and a vision for tomorrow: the vision of Mr. MCINTYRE led the Pledge of Al- has helped innumerable individuals re- a city set on a hill for all to see, and legiance as follows: build their lives, restore their con- the dream, the dream of a lamp shining I pledge allegiance to the Flag of the fidence and renew their hope. He works brightly in every home, fueled by the United States of America, and to the Repub- constantly for the betterment not only promise of ‘‘life, liberty, and the pur- lic for which it stands, one nation under God, of himself and his church, but also for suit of happiness.’’ indivisible, with liberty and justice for all. his community and his society as well. Yet binding the sacred story of our f A graduate of both Duke University and Union Theological Seminary in common past to the vision and hope of ANNOUNCEMENT BY THE SPEAKER a waiting future is the challenge and Virginia, Sam Warner is also a devoted opportunity of this one day, this one The SPEAKER. The gentleman from husband, and today we have with us his hour, this present moment in which we North Carolina (Mr. MCINTYRE) will be wife, Mary. He is also a devoted father, live. recognized for 1 minute. All other 1 and we have his children, Grace and minute speeches will be at the end of Jay, all of whom are with us in the gal- And so, Divine Master, help us; help the day. us all, and especially those who labor lery with my wife, Dee. in this Chamber, to use this day wisely. f It is with great honor that I recog- RECOGNITION OF AND TRIBUTE TO nize this man of God, Pastor Samuel P. Teach us, Good Lord, to listen more Warner of the First Presbyterian eagerly than to speak, to unite more THE REVEREND SAMUEL P. WARNER, PASTOR, FIRST PRES- Church of Lumberton, North Carolina, readily than to divide, to forgive more and his exemplary life, that you have quickly than to condemn. BYTERIAN CHURCH, LUMBERTON, NORTH CAROLINA seen a part of today, his character, his And pardon, we pray, the short- courage and his commitment. comings of those borne by the selfish (Mr. MCINTYRE asked and was given f motives of the few, rather than the permission to address the House for 1 needs of the many. minute.) RECESS Yet most of all, O God, bestow upon Mr. MCINTYRE. Mr. Speaker, I rise The SPEAKER. Pursuant to the all in leadership and authority the wis- to recognize and pay tribute to the order of the House of Thursday, May 2, dom and courage today ‘‘to do justice, man who just delivered our invocation, 2002, the House will stand in recess sub- to love kindness, and to walk humbly Samuel P. Warner, my pastor and my ject to the call of the Chair to receive with You’’ so that when this day is friend, from Lumberton, North Caro- the former Members of Congress. done, the toil and labor of the men and lina. Accordingly (at 9 o’clock and 6 min- women in this House might be worthy Sam Warner is a man of character, utes a.m.), the House stood in recess of the people of our great land, of those courage and commitment. His char- subject to the call of the Chair. who dreamed and shaped her long ago, acter is that of unblemished integrity, f and of those who defend her now, ask- always holding fast to those truths of ing no honor or reward, save the love, loyalty, self-sacrifice and service RECEPTION OF FORMER MEMBERS knowledge that they do Thy Will. in both his personal and professional OF CONGRESS Amen. life. The Speaker of the House presided.

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

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VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.000 pfrm15 PsN: H09PT1 H2238 CONGRESSIONAL RECORD — HOUSE May 9, 2002 The SPEAKER. On behalf of the Former Speaker Foley, as well as some Harold Volkmer (Missouri); House of Representatives, it gives me other former Members, is currently Charles W. Whalen, Jr. (Ohio); great pleasure to welcome to the working on a task force that CHRIS COX Harris Wofford (Pennsylvania); Chamber today the former Members of and I will chair dealing with the ques- Samuel H. Young (Illinois); Congress for their annual meeting. Of tion of what happens if the unthink- Roger G. Zion (Indiana); course, many of you are personal able should occur and that there would John Buchanan (Alabama); friends from both sides of the aisle, and be a disaster in which a large number Howard Pollock (Alaska); it is important that you are here to of Members of Congress would be killed Peter Hoagland (Nebraska); William Carney (New York); renew those friendships. all at one time and how would the gov- Kikidula Garza (Texas); As the report from your President ernment continue. We hope that never Robin Tallon (); will indicate, you honor this House and happens, of course. But having the Glen Browder (Alabama); the Nation by continuing your efforts guidance of former Members, particu- Bob McEwen (Ohio); to export the concept of representative larly former Speakers, is very helpful Tony Roth (Wisconsin); democracy to countries all over the as we contemplate how the country Bob Garcia (New York); world and to college campuses and uni- would continue in the event that oc- Jay Johnson (Wisconsin); versities throughout this Nation. I en- curred. G.V. ‘‘Sonny’’ Montgomery (Mis- dorse those efforts and I ask for their Again, I want to greet all of you and sissippi); continuation. welcome you here. It is good to see so Bill Alexander (Arkansas). Later today we will honor the mem- many of you. I know you will have a Mr. LAROCCO. At this time the Chair ory of a past recipient of your Distin- great day here. All of the current Mem- recognizes the gentleman from Illinois, guished Service Award, the former bers value your help, value your knowl- the Honorable John Erlenborn, Presi- Chaplain Jim Ford, and at 2 p.m. a me- edge and your experience and guidance dent of our Association. morial service will be held in HC–5 to for us. Thank you very much. Mr. ERLENBORN. My thanks to our which you are all invited. Mr. LAROCCO. Are there other Mem- Speaker pro tem and all of you for I especially endorse your wise choice bers of the House leadership that wish being with us this morning. We are es- of former Speaker and Ambassador to be recognized? pecially grateful to the Speaker, DEN- Tom Foley as this year’s recipient of If not, the Clerk will now call the roll NIS HASTERT, for taking time from his the Distinguished Service Award. of former Members of Congress. busy schedule to greet us, and to MAR- Speaker Foley served this House with The Clerk called the roll of the TIN FROST for his warm welcome. grace and dignity, and I am honored to former Members of Congress, and the It is always a privilege to return to be here today to help recognize that following former Members answered to this institution, which we revere and service. their names: where we shared so many memorable At this time I would request my ROLLCALL OF FORMER MEMBERS OF CONGRESS experiences. Service in Congress is friend, the gentleman from Idaho, Mr. ATTENDING 32ND ANNUAL SPRING MEETING, both a joy and a heavy responsibility, LaRocco, the vice president of the MAY 9, 2002 and, whatever our party affiliation, we Former Members Association, to take THE UNITED STATES ASSOCIATION OF FORMER have great admiration for those who the chair. MEMBERS OF CONGRESS continue to serve our country in this Mr. LAROCCO (presiding). The Chair Bill Barrett (Nebraska); place. We thank them all for once recognizes the gentleman from Texas J. Glenn Beall (Maryland); again giving us this opportunity to re- (Mr. FROST). Tom Bevill (Alabama); port on the activities of our Associa- Mr. FROST. Thank you, Mr. Chair- Donald G. Brotzman (Colorado); tion of former Members of Congress. man. Jack Buechner (Missouri); This is our 32nd Annual Report to On behalf of the Democratic Caucus, James T. Broyhill (North Carolina); Congress, and I ask unanimous consent I would like to welcome all of you. It is William F. Clinger (Pennsylvania); that all Members be permitted to re- good to see many of you I served with, Norman E. D’Amours (New Hamp- vise and extend their remarks. and some of you I did not. You will be shire); Mr. LAROCCO. Without objection, so welcomed, I believe, in a few minutes John Erienborn (Illinois); ordered. also by the current majority leader, Thomas W. Ewing (Illinois); Mr. ERLENBORN. Our Association is Mr. ARMEY, who will be a former Mem- Thomas S. Foley (Washington); nonpartisan. To sort of prove that, I ber next year. Mr. ARMEY is not run- Louis Frey, Jr. (Florida); would call your attention to the fact ning for reelection. (Kansas); that a year ago when I was making this The work that you do on college Robert P. Hanrahan (Illinois); report, I spoke from the other side of campuses I think is particularly impor- Ralph R. Harding (Idaho); the aisle. I wanted to be even-handed, tant. I know a number of you have de- Dennis Hertel (Michigan); so today I am back on the Republican voted a great deal of time to that. I George Hochbrueckner (New York); side of the aisle. We have no partisan- was just with former Speaker Jim Marjorie Sewell Holt (Maryland); ship in the Association. Wright this last weekend, who teaches William J. Hughes (New Jersey); Our Association is nonpartisan. It a course at TCU in Fort Worth; and David S. King (Utah); has been chartered, but not funded, by each year he keeps saying he is not Ernest Konnyu (California); the Congress. We have a wide variety of going to do it again. But I asked him is Peter N. Kyros (Maine); domestic and international programs, he going to go back next fall, and he Larry LaRocco (Idaho); which several other Members and I will said, yes, he is. I can tell you, I am one Norman F. Lent (New York); discuss briefly this morning. Our mem- of his guest lecturers. He lets me come Jim Lloyd (California); bership numbers approximately 550, in and speak to one of his classes once Cathy Long (Louisiana); and our purpose is to continue in some a year. I have gotten some very good C. Thomas McMillen (Maryland); small measure the service to this coun- former students of his working on my Lloyd Meeds (Washington); try that we began during our terms in staff both in Washington and in my Robert H. Michel (Illinois); the Senate and House of Representa- Texas office. So I want to encourage all Clarence Miller (Ohio); tives. of you to continue to do this. John S. Monagan (Connecticut); Our most significant domestic activ- I know our former colleague, Dan Jim Moody (Wisconsin); ity is our Congress to Campus Pro- Glickman, is taking this to the ex- Stanford E. Parris (Virginia); gram. This is an effort on a bipartisan treme. He will be at Harvard 4 days a John J. Rhodes (Arizona); basis to share with college students week starting in August, and maybe John J. Rhodes, III (Arizona); throughout the country our insights some of us will come up and visit Dan George E. Sangmeister (Illinois); into the workings of the U.S. Congress in that capacity. Ronald A. Sarasin (Connecticut); and the political process more gen- Again, I want to thank you for the Bill Sarpalius (Texas); erally. work you do when called upon to help David E. Skaggs (Colorado); A team of former Members, one Re- us in the House of Representatives. James W. Symington (Missouri); publican, one Democrat, spend up to 2.5

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.003 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2239 days on college campuses throughout with a renewed confidence in our edu- sociation is very active in sponsoring the United States, meeting formally cational system. Equally impressive programs that are international in and informally with students, but also was the local citizens’ commitment to scope. Over the years, we have gained members of the faculty and local com- the students at both schools, as dem- considerable experience in fostering munity. This is a great experience for onstrated by their generosity to the in- interaction between the leaders of the our members, but our primary goal is stitutions and to individuals through other nations and the United States. to generate a deeper appreciation for the scholarship programs. We have arranged more than 445 special our democratic form of government For the first time the itinerary in- events at the U.S. Capitol for inter- and the need to participate actively. cluded activities at both a community national delegations from 85 countries Since the program’s inception in 1976, college and a university. The contrast and the European Parliament, pro- 129 former Members of Congress have demonstrated the distinct and vital grammed short-term visits for indi- reached more than 150,000 students contributions each institution provides vidual members of parliaments and the through 281 visits to 192 campuses in 49 to the students and their community. long-term visits for parliamentary States and the District of Columbia. In The contributions of the university staff, hosted 48 policy seminars in nine recent years, we have conducted the system have long been acknowledged. countries involving more than 1,500 program jointly with the Stennis Cen- The community college offers our former and current parliamentarians, ter for Public Service at Mississippi youths the skills and training to be the and conducted 19 study tours abroad State University. The former Members future captains of our fishing fleets, for former Members of Congress. donate their time to this program. The dental hygienists to care for our teeth, The Association serves as the Secre- Stennis Center pays our transportation registered nurses, licensed plumbers tariat for the Congressional Study costs and the host institution provides and electricians, as well as enabling Group on Germany, the largest and room and board. students to earn credits to a full Bach- most active exchange program between At this point, I would like to yield to elor’s Degree. the U.S. Congress and the Parliament a colleague, Bill Carney, the gentleman There were many people instru- of another country. Founded in 1987 in from New York, to discuss his partici- mental to the success of this program, the House and 1988 in the Senate, it is pation in the Congress to Campus Pro- and I would like to take a moment to a bipartisan group involving 180 Rep- gram. recognize and salute the great work of resentatives and Senators. They are af- forded the opportunity to meet with Mr. LAROCCO. The gentleman from a few. New York is recognized. The professionalism and commit- their counterparts in the German Bun- Mr. CARNEY. Thank you, Mr. Speak- ment of Dr. Eric McKeithan, President destag to enhance understanding and er. of Cape Fear Community College, and greater cooperation. Mr. Speaker, as John said, recently I Chancellor James Leutzi of the Univer- Ongoing study group activities in- had the pleasure of participating in the sity of North Carolina at Wilmington is clude conducting a Distinguished Visi- Congress to Campus Program with my evident in the success at both schools. tors Program at the U.S. Capitol for guests from Germany; sponsoring an- friend and colleague, the gentleman Ms. Allison Rankin, the Associate nual seminars involving Members of from Arkansas, Mr. Beryl Anthony. We Dean for Business, Industry and Gov- Congress and the Bundestag; providing traveled to the Tar Heel State to visit ernment at Cape Fear Community Col- information to participants in the Con- two of the finest education facilities in lege also deserves our utmost apprecia- gress-Bundestag Youth Exchange Pro- North Carolina, Cape Fear Community tion, as does Dr. Walt DeVries of the gram to appropriate Members of Con- College and the University of North Institute of Political Leadership at the gress; and arranging for members of Carolina at Wilmington. University. I must close by strongly commending the Bundestag to visit Congressional This visit was facilitated by another this worthwhile program to my col- districts with Members of Congress. colleague of ours, the gentleman from leagues and encourage all former Mem- New activities are being explored to North Carolina, Mr. Martin Lancaster, bers presented with an opportunity to enhance these opportunities. The Con- who serves as the President of the participate in the Congress to Campus gressional Study Group on Germany is North Carolina Community College Program to do so. funded primarily by the German Mar- System. I now have the honor of re- Mr. Speaker, I yield back. shall Fund of the United States. Addi- porting to you on this trip on both be- Mr. ERLENBORN. Thank you, Bill. tional funding to assist with adminis- half of myself and Mr. Anthony, as he One outgrowth of the Congress to trative expenses also has been received has personal business to attend to Campus Program was the interest in from nine corporations, whose rep- today. producing a book that would take an resentatives now serve as the Business One could judge the success of the inside look at Congress from different Advisory Council to the Study Group, Congress to Campus Program by many viewpoints. There are many fine books which is chaired by former Member measures, the least of which should be written by individual Members of Con- Tom Coleman who served as the Chair- the personal benefit and satisfaction of gress, but, to our knowledge, there was man of the Study Group in the House the Members participating. At the no compendium that goes behind the in 1989. start of our trip, Mr. Anthony and I scenes in a very personal way. So, a I would now like to yield to the gen- shared uncertain expectations. We pre- past President of the Association, Lou tleman from Idaho, Larry LaRocco, to sumed that we were to impart our Frey, recruited 34 Members, a Congres- report on the activities of the Congres- knowledge and experience upon the sional spouse, two former Congres- sional Study Group on Germany and students. What was truly amazing was sional staff members and a former the 19th Annual Congress-Bundestag how much we took away from this op- member of the Canadian Parliament, Seminar held in Galveston, Texas. This portunity. to write chapters for a book on Con- year’s Chairman of the Study Group in At both of the institutions we had gress. the House, NICK LAMPSON, was the the occasion to meet with students, Lou and the head of the Political host, and we were there from March 24 faculty and the boards of trustees. Science Department at Colgate Univer- to March 29. Mr. LaRocco. There were many things that im- sity, Professor Michael Hayes, co-edit- Mr. LAROCCO. Mr. President, it gives pressed us. We interacted with the stu- ed the book, ‘‘Inside the House: Former me great pleasure to report on the ac- dents in numerous forums, including Members Reveal How Congress Really tivities of the Congressional Study many classes. The reception from the Works,’’ which was published in March Group on Germany. The Study Group students was courteous and inquisitive. 2001. The book has been very well re- has established itself as the most pro- Beryl and I consistently offered dif- ceived and already is in its third print- ductive means of communication be- ferent viewpoints. During our point- ing. We hope that you and others will tween the U.S. Congress and the Ger- counterpoint presentations the stu- find it interesting and informative. man Bundestag. It was founded nearly dents were engaged and demonstrated Lou will tell you more about the book 20 years ago to give Members of Con- an incredible grasp of the topics. a bit later. gress the opportunity to have in-depth The Boards of Trustees and faculties’ Mr. Speaker, behind the events we and focused discussions with their Ger- commitment to the students left us organize in the United States, the As- man counterparts.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.004 pfrm15 PsN: H09PT1 H2240 CONGRESSIONAL RECORD — HOUSE May 9, 2002 This Congressional session, a record warding, since I was able to visit with ranges monthly briefings when Con- 180 Members of Congress belonged to Barbara Morgan, a friend and former gress is in session for Members to hear the Congressional Study Group on Ger- constituent who is training at NASA to from American and Japanese experts many, 36 Senators and 144 Members of be the next teacher in space. It may about various aspects of the U.S.-Japan the House. The Study Group facilitates not have been a coincidence that short- relationship. The Congressional Study this vital dialogue with one of our ly after our visit to NASA, the admin- Group on Japan is funded primarily by most NATO allies and trade partners in istration announced that Barbara will the Japan-U.S. Friendship Commission. many ways. participate in one of the next scheduled In 1999, the Association began a par- The most visible activity of the launches, I believe in 2004. liamentary exchange program with the group is its Distinguished Visitors Pro- The seminar in Galveston was an People’s Republic of China. In October gram, which brings high-ranking Ger- outstanding means of accomplishing of that year, with funding from the man elected officials to Capitol Hill to the goals of the Congressional Study U.S. Information Agency, the Associa- meet with members of the group. Just Group on Germany. Legislators from tion hosted a delegation of nine mem- last week, the Study Group hosted the two countries were able to become bers of the National People’s Congress Minister Joschka Fischer, Germany’s acquainted on a very personal level, to of China in Washington. This program Federal Minister of Foreign Affairs and have focused and in-depth discussions marked the inauguration of the U.S.- Vice Chancellor of the Federal Repub- on some very important issues, and China Inter-Parliamentary Exchange lic of Germany. were educated by other seminar par- Group, whose members were appointed Another high-profile event hosted ticipants on some of the nuances that by the Speaker. The visit included in- and organized by the Congressional shape U.S.-German relations. It truly depth discussions between members of Study Group on Germany is its annual was one of the best foreign policy-ori- the two Congresses as well as meetings seminar. Every year the Study Group ented events I have ever witnessed, and by members of the Chinese delegation brings Members of Congress together I think the Study Group furnishes sit- and high level Executive Branch rep- with German legislators for 4 days of ting Members with a tremendously im- resentatives, academics and business focused discussion on a predetermined portant service. representatives. agenda. The parliamentarians usually A report about the activities of the In 2000, the Association received a are joined by several former Members, Congressional Study Group on Ger- grant from the Department of State to officials of the two federal govern- many would be incomplete without continue this exchange program by ar- ments, think-tank and foundation rep- thanking its financial supporters. First ranging a visit to China by members of resentatives and members of the Ger- and foremost, one needs to thank Craig the Exchange Group. The trip to China man-American corporate community. Kennedy and the German Marshall originally was scheduled to take place This year’s meeting, the 19th seminar Fund of the United States, since with- in August 2001, but was postponed in we have organized, was held in the dis- out him and his foundation the Study December because of the EP–3 incident. trict of the Study Group’s 2002 House Group could not function at its present Unfortunately because of the Sep- Chairman, Representative NICK level of activity. tember 11 terrorist attacks, Congress LAMPSON, in Galveston, Texas. During Also one must not forget former still was in session in December, so the the last week of May, almost 60 sem- Member Tom Coleman of Missouri, who trip had to be postponed until early inar participants met to have discus- chairs the Business Advisory Council January 2002. When it did occur, be- sions about child custody disputes be- to the Study Group. His tireless efforts cause it was the first visit to China by tween the two countries, the upcoming have raised much-needed funds to sup- a Congressional delegation since Sep- elections in Germany and the United port the administrative side of the tember 11, the delegation was treated States, the war against terrorism, and Study Group. He has put together a with extraordinary hospitality by the international trade. Our discussions group of companies that deserve our Chinese, who continuously emphasized were frank and open-minded. We gratitude for giving their aid and sup- the importance of a sound bilateral re- agreed to disagree on some issues, and port to the organization. They are lationship between China and the we even discussed steel quotas. We BASF, DaimlerChrysler, Deutsche United States. found common ground where we ex- Telekom, J.P. Morgan Chase, SAP, I was hoping to call on the gentle- pected disputes, for example, when the Volkswagen, and the group’s two new- woman from Maryland, Beverly Byron, discussion turned to Saddam Hussein est members, Lockheed Martin and who participated in this fascinating and Iraq. Fireman’s Fund/Allianz Group. trip to tell you about it. Unfortu- In addition to the four rounds of dis- The Congressional Study Group on nately, Bev is unable to be with us this cussion, the Study Group arranged a Germany is an excellent example of morning, so has asked me to give the very impressive program of additional how the Former Members Association report on her behalf about the trip, the meetings. We were able to tour a BASF can provide a service to current Mem- forthcoming visit in June by a delega- facility which had just opened earlier bers that is unequaled in Washington tion of members of the National Peo- this year and is a marvel of new tech- and is one of the utmost importance to ple’s Congress of China and the initi- nology in the chemical production the foreign relations of this country. I ation of the Congressional Study Group field. We also enjoyed an outstanding think the former Members can be very on China. afternoon at the University of Texas proud of the work they do to make this Representative DONALD MANZULLO of Medical Branch, where we had a very group possible, and I look forward to Illinois, Chairman of the U.S.-China impressive demonstration about tele- being an active participant in the ac- Inter-Parliamentary Exchange Group medicine and its application in the tivities of the Congressional Study and the Congressional Study Group on care of patients who are geographically Group on Germany for many years to China, led the delegation to Beijing far removed from the nearest medical come. and Shanghai from January 5 to Janu- facility. The staff at the University of Thank you, Mr. President. ary 12 at the invitation of the Foreign Texas also prepared for us a very edu- Mr. ERLENBORN. The Association Affairs Committee of the National Peo- cational and sometimes chilling pres- also serves as the Secretariat for the ple’s Congress of China. entation on bioterrorism and a global Congressional Study Group on Japan. In addition to Beverly, the delegation response to a terrorist act. Founded in 1993 in cooperation with consisted of former Congressman Beau The highlight of the trip, however, the East-West Center in Hawaii, it is a Boulter from Texas, who was in China was a behind-the-scenes tour of NASA’s bipartisan group of 86 Members of the on other business and who joined in the Johnson Space Center in Houston. We House and Senate, with an additional delegation’s discussions; the Associa- received quite an education from NASA 49 Members having asked to be kept in- tion’s Executive Director, Linda Reed; astronauts and engineers, and were formed of the Study Group activities. Wayne Morrison, a Specialist in Inter- able to visit some of the training facili- In addition to providing substantive national Trade and Finance at the Con- ties, both for the Space Shuttle and the opportunities for Members of Congress gressional Research Service; and two of International Space Station. For me, to meet with their counterparts in the Congressman MANZULLO’s staff mem- personally, the trip was even more re- Japanese Diet, the Study Group ar- bers, Jennifer Osika and Matt

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.005 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2241 Szymanski. The delegation was joined from June 4 to June 9, 2002, so this im- They conducted workshops and pro- in Shanghai by Congressman TOM LAN- portant dialogue between U.S. and Chi- vided instruction on legislative issues TOS of California. nese legislators can be continued to for new Members of Parliament, their Because all but one of the five mem- further strengthen the U.S.-China rela- staffs and other persons involved in the bers of the National People’s Congress tionship. legislative process. They also made who attended the sessions in Beijing There will be sessions with Members public appearances to discuss the also had participated in the initial ex- of Congress and meetings with Execu- American political process. In addi- change in Washington in October of tive Branch representatives, including, tion, the Association brought delega- 1999, there was a camaraderie that al- hopefully, President Bush. The Asso- tions of Members of Parliament from lowed an open discussion and give-and- ciation recently submitted a proposal those countries to the United States take dialogue of issues that included to the Department of State requesting for 2-week visits. trade, China’s accession to the World funding to send a delegation of Mem- Also, with funding from USIA, the Trade Organization, the fight against bers of Congress to China for a second Association sent a technical adviser to terrorism, religious freedom, human visit in the summer of 2003 as the next the Hungarian Parliament from 1991 to rights and Taiwan. step in this interchange process. 1993. With financial support from the The importance placed by the Chi- These annual visits will be contin- Pew Charitable Trusts in 1994, the As- nese on the relationship with the ued, but the Congressional leaders of sociation assigned technical advisers United States further was indicated by the U.S.-China Inter-Parliamentary to the Slovak and Ukrainian Par- Exchange Group believe they should the meeting the delegation had with liaments. This initial support was sup- not be the sole source of information President Jiang Zemin, which lasted 1 plemented by other grants to enable regarding U.S.-China relations. There- hour and 25 minutes, well beyond the the Congressional Fellows to extend fore, the Association received funding allotted time. The session was infor- their stays. mal, with much jovial bantering be- from the Boeing Company to initiate From 1995 through 2000, with funding the Congressional Study Group on tween the President and the delegation from the U.S. Agency for International China in July 2001 to facilitate and members, as well as discussion about Development and the Eurasia Founda- augment the official Congressional ex- substantive issues. In the end, Presi- tion, the Association managed a highly change program by offering opportuni- dent Jiang said he had enjoyed the successful program that placed out- ties for ongoing communication about visit very much. standing Ukrainian students in intern- Additional high-level meetings in vital aspects of this relationship. Currently, the Study Group is com- ships with committees, legislative sup- Beijing were held with NPC Chairman posed of 65 Members of the House, al- port offices and leadership offices of Li Peng and the First Minister of the though it may be expanded to include the Parliament of Ukraine. This pro- Ministry of Foreign Trade and Eco- Senators as well at a later date. Mod- gram met not only the Parliament’s nomic Cooperation. In Shanghai, the eled after the Association’s highly suc- short-term need of having well-edu- delegation met with: The Acting cessful Congressional Study Groups on cated, motivated, professionally Mayor; Members of the Shanghai Mu- Germany and Japan, this Study Group trained staff to conduct its current leg- nicipal People’s Congress; the Chair- will hold monthly meetings while Con- islative work effectively, but also the man of the Shanghai WTO Affairs Con- gress is in session so that its members longer term need to develop a cadre of sultation Center; the Deputy Chief may meet with U.S. and Chinese ex- trained professionals. Former Members Commissioner of the Shanghai Pudong perts to be briefed about and discuss of Congress visited Ukraine from time New Area People’s Government; and key issues of a concern to both coun- to time to assist with these efforts by foreign policy experts at the Shanghai tries. The Study Group most recently meeting with the students involved in Institute of International Studies. In hosted a luncheon meeting with Dep- the program as well as with Ukrainian addition, they had an unexpectedly uty U.S. Trade Representative Jon government leaders. frank and stimulating meeting with Huntsman to talk about China’s ability At the end of the year 2000, the Asso- students in the U.S. Congressional to comply with WTO regulations. ciation turned over the administration Studies Program at Fudan University, Moving to another part of the world, of the program to local Ukrainian man- which proved to be one of the high- the U.S. Congress and the Congress of agement to ensure its long-term viabil- lights of the visit. Mexico have been conducting annual ity. The Ukrainian program proved to Although the delegation was small, seminars for 41 years under the aus- be an excellent pilot that was worth all reports received from staff at the pices of the U.S.-Mexico Inter-Par- replication in other emerging democ- U.S. Embassy in Beijing and the U.S. liamentary Group. However, there is racies, particularly in the Central/East Consulate General in Shanghai after- little interaction between legislators European and other areas. ward indicated that the visit had a from these two countries during the In late 1999 and early 2000, under a very positive effect on U.S.-China rela- rest of the year. The Association is in grant from the National Democratic tions. As the delegation’s Control Offi- the process of initiating a Congres- Institute for International Affairs, cer in Beijing wrote, ‘‘In terms of sub- sional Study Group on Mexico with with funding from the Agency for stance, at least in Beijing, CODEL funding from the Tinker Foundation so International Development, the Asso- MANZULLO’s leadership meetings were that Members of Congress can meet on ciation sent a Congressional staff the most positive I have been in. I a regular basis with visiting Mexican member to Macedonia for 6 months. think Congressman MANZULLO set a dignitaries and other experts about They selected university students and tone for enhanced cooperation that has various aspects of the important U.S.- recent graduates in that country and helped pave the way for the recent dis- Mexico relationship. It is anticipated trained them to provide research and sident releases and, more broadly, a that the initial meeting of the Study drafting services for the Members of successful upcoming visit by President Group will be a session with the cur- Parliament who lacked such resources. Bush.’’ rent Mexican Ambassador to the A young Macedonian lawyer worked The delegation’s Control Office in United States, His Excellency Juan with our Congressional Fellow and as- Shanghai wrote, ‘‘I think your trip did Jose Bremer, in June or July. sumed the management of the program do its part in advancing the relation- In the aftermath of political changes upon his return to the United States. I ship. I defer to Beijing on what tran- in Europe, the Association began a se- was privileged to have traveled to Mac- spired there, but you left a mark, espe- ries of programs in 1989 to assist the edonia in January of 2000 to confer cially at Fudan University, and in emerging democracies of Central and with the Members of the Macedonian Shanghai as well. The visit to Fudan Eastern Europe. With funding from the Parliament concerning the intern pro- seems to have been a small hit, due in U.S. Information Agency the Associa- gram that we had established for them. no small part to the Members’ ability tion sent bipartisan teams of former I believe that one of the most impor- to connect with the students.’’ Members of Congress, accompanied by tant programs the Association has un- A second visit to Washington, D.C., either a Congressional or country ex- dertaken is providing help to emerging will be made by a delegation of Mem- pert, to the Czech Republic, Slovakia, democracies, especially their par- bers of the National People’s Congress Hungary and Poland for up to 2 weeks. liaments. The transition from the old

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.007 pfrm15 PsN: H09PT1 H2242 CONGRESSIONAL RECORD — HOUSE May 9, 2002 ways to democratic governments is a eign Ministry, Faruk Logoglu, who is many Turkish citizens who passed us basic test of the success of the newly now here in Washington, D.C., sta- by on the street, who saw us in the cor- emerging democracies. Similar prob- tioned as the Turkish Ambassador to ridors of the hotels or elsewhere, who lems are being faced by all of them, the United States. recognized us as Americans and with varying success. I believe the in- After a meeting at the Eurasia Stra- stopped to express their condolences tern projects that we have initiated are tegic Research Center, a briefing and and their outrage at what had hap- necessary to help the legislatures tran- reception were hosted for our delega- pened to this country. sition to independent and meaningful tion by U.S. Ambassador to Turkey, W. The trip was greatly enhanced, I roles if the voice of the people is to be Robert Pearson, at his beautiful resi- might add, by the hard work, attention heard, as it must in a democracy. dence. The briefing gave delegation to detail, kindness and patience of our The U.S. Association of Former members some excellent insights into Executive Director, Linda Reed, who Members of Congress is uniquely quali- the U.S. relationship with our strategic accompanied us. She is here with us fied to provide the resources for the ally, Turkey. The reception provided a, this morning, who did an absolutely education of the legislators in the I might say, delightful opportunity to outstanding job for us and is a credit, a emerging democracies. Former Mem- meet many of the Turkish political genuine credit, to our Association. bers have experience in State legisla- leaders, including the President of the Linda, thank you for being with us this tures and the Congress. We cannot ex- Turkish Parliamentarians Union and morning. pect other countries to adopt our ways, the Foundation of Turkish Parliamen- Even though the trip ended with the but we can help them identify the basic tarians, which is our Association’s tragedy of 9/11, Turkey will long be re- elements of a free, representative gov- counterpart organization in Turkey. membered by all participants as an in- ernment. One of our members, Dick Nichols, credibly majestic country of very The Association also has been inter- turned out to be an extremely talented warm, gracious people that must be re- ested in assisting with U.S.-Cuban rela- piano player, and he was joined by visited. tions. In December 1996, we sent a dele- Dick Schulze’s wife, soprano Nancy I yield back the balance of my time. gation of current and former Members Schulze, and, with her beautiful voice, Mr. LAROCCO. The Chair would ask of Congress to Cuba on a study mission led everyone in a very moving ren- the gentleman from Illinois to suspend to assess the situation there and ana- dition of God Bless America. for a minute while the Chair recognizes lyze the effectiveness of U.S. policies The next day included a briefing at the gentleman from Texas, the distin- toward Cuba. Upon its return, the dele- the Foreign Ministry and a meeting guished majority leader, for remarks. gation wrote a report of its findings, with the Chairman of the Foreign Af- Mr. ARMEY. I thank the gentleman which was widely disseminated fairs Committee of the Grand National from Illinois for yielding time. I thank through the media and made available Assembly of Turkey at the Parliament the Chair for recognizing me. I will not to Members of Congress as well as to Building. For arranging these excep- take much time. I really do hate to in- personnel in the Executive Branch. tional opportunities, special thanks are terrupt your proceedings, but I cannot The Association organizes study extended to our former late colleague, resist saying youth must be served. tours for its Members and their spouses Gerald Solomon, and his staff, and the Actually I thought that was funnier who at their own expense have partici- staff at the Turkish Embassy in Wash- than that. Thank you. But, at any rate, pated in educational and cultural expe- ington. I have very little time left in my life to riences in Australia, Canada, China, Our next stop was the City of Izmir, lay claim to that privilege, so I hope New Zealand, the former Soviet Union, from where a day trip was made to the you will bear with me today. Vietnam, Western and Eastern Europe, impressive ancient City of Ephesus. I walked in this morning and saw all the Middle East and South America. From Izmir, some our participants de- you gathered, and I was reflecting on In September 2001, we arranged a parted to return back to the United the fact some of you may have noticed study tour to Turkey, which included States, but 12 members of the delega- I too am soon to be a retired Member of visits to Istanbul, Ankara, Izmir and tion continued to enjoy a 3-day Blue Congress, and many of these days now Ephesus, with an optional cruise along Voyage Cruise on a gulette, or yacht, as I walk these halls and sit in this the southern coast at the end. which was an incredibly relaxing jour- Chamber, I find myself with the afflic- I would now like to yield to the gen- ney through the beautiful coves of the tion of nostalgia, remembering times. tleman from New York, Norm Lent, Aegean Sea along the southern coast of I remember the time Jamie Whitten who led the trip with the gentleman Turkey. beat me soundly. I think I got 35 votes from Pennsylvania, Dick Schulze, to The last port of call was Fethiye, for an amendment against one of report on the visit to Turkey and its which was reached late afternoon, Sep- Jamie’s bills. I rushed over to the historical end. tember 11, 2001. These 12 members of chairman, and I said, ‘‘Now, that will Mr. LENT. I thank the gentleman for the delegation learned of the horren- teach you to fool with me.’’ So these yielding. I will try to be as brief as I dous terrorist attacks on the New York sort of nostalgic remembrances of the can. World Trade Center and the Pentagon moments we have had together have Ladies and gentlemen, from Sep- while on board a private bus traveling sort of plagued me. I am sure you re- tember 1 through September 8, Dick from our last port of call at Fethiye to member those in your retiring days. Schulze and I led this delegation of 20 the Turkish home of our colleague But as I walked in here today, I no- Association members and spouses on Steve Solarz and his wife Nina. ticed I just created a new emotion I the Association’s study tour of Turkey. Needless to say, everyone that night want to share with you. I am going to In Istanbul, historic sites were visited, was in a state of shock. Our farewell label it ‘‘prestalgia.’’ So I will soon such as the Blue Mosque and the dinner at the beautiful Solarz resi- now be joining you. Dolmabahce Palace, and so forth. Our dence overlooking the Aegean Sea, As I watch you here this morning, I three nights in Istanbul were spent in a which was to have been a joyous, fes- also see in your work and your pres- beautiful hotel overlooking the Bos- tive affair, was a greatly subdued affair ence here a lesson of pride that I am phorus. with much intensive discussion and a just learning, the pride of knowing We were briefed on the current eco- prayer led by Steve Solarz. that I was once a Member of this great nomic situation in Turkey by a number Our delegation flew to Istanbul the body, the United States House of Rep- of Turkish businessmen, including the following day and proceeded to spend resentatives, a body that I personally Vice Chairman of the Turkish-U.S. the next several days trying to find believe and have believed for some Business Council. Our meeting with the ways to return home, as all airline time is the single most unique institu- Vice Chairman was arranged with the flights, you recall, had been canceled. tion of democracy in the history of the assistance of our colleague Bob Living- We split up into several groups. Every- world. ston and his staff. one, of course, finally made it home What a privilege we have had to be a We next flew to Ankara, Turkey’s successfully, their sadness I might add part of this body. It is no wonder you capital, where participants were hosted somewhat assuaged by the genuine out- come back and just enjoy these times by the then Undersecretary of the For- pouring of sympathy received from of nostalgia, when we can remember

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.009 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2243 where we are, and what I also learned things at the live auction, so we are more and more sales. The money goes here, continue our work as former going to continue that. back to the Association. Members. We get items other than presidential I yield back the balance of my time. I look forward to joining you in just donated for the live auction, such as a Mr. ERLENBORN. Thank you very a few short months. I hope you will 3-night stay at the beautiful Adare much, Lou. I will echo what Lou said treat me as well as a member of this Manor Hotel and Golf Club in Adare, about the book. It is an excellent book. Association as you treated me when we Ireland, given by owners Thomas and I read one chapter every day. It is the served together in this body. It has al- Judy Kane and arranged by our col- chapter I wrote. ways been my great privilege, and I league . Jimmy Sy- Mr. Speaker, in addition to financial hope I have never done anything to em- mington gives us four tickets to a Red- support, the Association benefits enor- barrass you. skins game, and now that they have a mously from the effort and leadership Thank you. coach from Florida, you have to watch of many people. I want to thank the of- Mr. ERLENBORN. Thank you, Con- those Redskins. And Bob Carr helped to ficers of the Association, Larry gressman Armey. get us some first class American Air- LaRocco, Jack Buechner, Jim Slattery Mr. Speaker, as you can see, the As- line tickets. So everybody really and Matt McHugh, and the members of sociation conducts a wide variety of pitches in to make the dinner a suc- our Board of Directors and our Coun- programs and is continuing to expand cess. selors for providing the excellent guid- them. All of this requires financial sup- This is our only fund-raising dinner ance and support necessary to oversee port. At present our funding comes of the year. It goes for the general pur- these activities. from three primary sources, program poses of the program and the Congress In addition, we are assisted by the grants, membership dues and an annual to Campus Program. I want to report Auxiliary of the Association, now led fund-raising dinner and auction. that we have at the present time net- by Carol Sarpalius. We are particularly On March 5 of this year we held our ted over $100,000, and I hope it will be a grateful for their help with the Life 5th annual Statesman Award Dinner, little more from the dinner. So thanks After Congress seminars, which are at which our friend and colleague, Vice to all the Executive Committee and held each election year, and our annual President DICK CHENEY, was honored. the people that helped on that, to Bar- dinners. We presented DICK with the Statesman- bara Boggs and to Linda Reed. A spe- Needless to say, our programs could ship Award in recognition of his service cial thanks to Verizon, who has been not be so effectively run without the as a Member of Congress, as the cur- one of our sponsors, and also to our exceptional support of our staff: Linda rent Vice President of the United new sponsor, Lockheed Martin. Reed, who has already been mentioned, States and his other many outstanding It is a team effort, a lot of hard work, but deserves a second mention, our Ex- achievements. that paid off. Next year it will be held, ecutive Director, Peter Weichlein, Pro- I would like to thank the gentleman we hope, on the 5th of March. We have gram Director, with special responsi- from Florida, Lou Frey, who provided extended the opportunity for the Sec- bility for the Congressional Study the leadership that helped us make our retary of Defense, our former col- Group on Germany; Katrinka first five dinners so successful, and to league, Don Rumsfeld, to come by. So Stringfield, Executive Assistant; and yield to him to report on this year’s with John’s help and Bob Michel’s help Todd Thompson, Office Assistant. dinner, our plans for next year, and any on that, I hope we can get ‘‘Rummy’’ to Many thanks to all of you. additional comments he would like to come by and accept the award. The Association also maintains close make about the Association’s book, In- Just one brief thing about the book. relations with the counterpart Associa- side the House, which was mentioned It is a good book. It is really fun to tions of Former Members of Par- earlier. read. It is an interesting book. I have liament in other countries. I am Mr. FREY. Thank you, Mr. Presi- taught from it at the University of pleased to recognize and welcome dent, and thank you for your leader- Central Florida. I know it is being used Aideen Nicholson, Vice President of ship over the past 2 years. in Monterey. I think Glen is using it the Canadian Association of Former I am pleased to report that we did out at the War College. I think the Parliamentarians, and Adrian hold a successful dinner on the 5th of University of Kentucky is using it. I Cunningham, Secretary of the newly March, and we have one of the previous know Colgate is using it. formed Association of Former Members recipients, former Member and Sec- We have had some good reviews on C– of the European Parliament, who are retary of Agriculture, Dan Glickman, SPAN. They covered it pretty well. But with us today. Would you rise to be here. We had given the award pre- what we really need is for each of you, recognized? viously to Lee Hamilton, Lynn Martin number one, to buy a book or two. Do Thank you. and Norm Mineta. not be so cheap. It helps everybody. Mr. Speaker, it is now my sad duty to We sold over 450 tickets for the din- Funding goes back to the Association. inform the House of those persons who ner. The Vice President actually came Secondly, what we need you to do is have served in Congress and have early, out of hiding, and he was there, to talk to the people in your old area. passed away since our report last year. shook hands for about a half-hour, 45 I have done talks at the library, at the The deceased Members of Congress are: minutes, made a nice speech. I did get clubs and so forth, at the schools. It is Thomas Alford, Arkansas; a kick out of, for those of you who really a fun thing to do, and people like Frank Annunzio, Illinois; were not there, one line. He pointed to the book. Buy a couple of copies. Send Jaime Benitez, Puerto Rico; us and said, ‘‘You know, we all know a it to your old school or high school and Edward Boland, ; lot, we have been around a lot, but get it out there. A lot of work has been Howard Cannon, Nevada; there is one thing I want to remind done by a lot of people to make this James Corman, California; you: If someone important asks you to worthwhile. Lawrence Coughlin, Pennsylvania; head a search committee, do it.’’ I One last thing, we have been asked David Dennison, Ohio; guess he came out pretty well doing by the editors if we would consider in a Isidore Dollinger, New York; that. year or two updating. So those of you Thomas Downing, Virginia; The dinner is unique. We have a Con- who have written chapters, you are Robert Eckhardt, Texas; gressional and a presidential auction going to be asked to re-look at your Paul Fannin, Arizona; and our colleague Jimmy Hayes does chapter. I know it is wonderful, but John Foley, Maryland; that as an a vocation. He spends a year maybe you can make it a little more Richard Hanna, California; collecting all the different things for wonderful. Those of you left out, like Michael Mansfield, Montana; us for the auction. It is really some Bob, some of you who did not get a Edwin May, Jr., Connecticut; wonderful things that we have at the chapter in, you are going to get an- Clinton Kinnon, California; auction. Of course, we have a live auc- other chance to do it. Harold McSween, Louisiana; tion, where Larry LaRocco and Jimmy But, seriously, please help with the , Massachusetts; Hayes run it. They both talk so fast, book. It took a lot of work, a lot of ef- Henry Reuss, Wisconsin; but it seems to work. We keep selling fort. It is really good. We could use Walter Rogers, Texas;

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.011 pfrm15 PsN: H09PT1 H2244 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Eldon Rudd, Arizona; Tom, you have been very patient trust the committee chairmen, trust Gerald Solomon, New York; waiting all this time. Now let me ask the chairman of the Democratic Cau- , South Carolina; you to come up so that I can present cus, trust and support the Whip, the Lynn Stalbaum, Wisconsin; you with the award. Majority Leader,’’ and he said, ‘‘Above William Stanton, Ohio; Mr. FOLEY. Thank you very much, all else, above all else, trust, support Herman Talmadge, Georgia; Mr. President, Mr. Speaker, Mr. Chair- and follow the Speaker.’’ Victor Veysey, California; man, Members of Congress, my col- I remember being outraged, deeply Harrison Williams, Jr., New Jersey; offended that a senior member of my Lewis Wyman, New Hampshire; leagues, former Members, guests, la- John Young, Texas. dies and gentlemen. party should suggest that I subcontract I respectfully ask that all of you rise I am very honored by this award. my judgment to the leadership when I for a moment of silence in their mem- When was President, he had been elected, I thought, as one of a ory. received many awards. One time he re- number of young new members, Lloyd Thank you. ceived an award and he said, ‘‘I don’t Meeds and I, from the State of Wash- As you know, each year the Associa- deserve this, but I also have arthritis ington to come and do my part to see tion presents a Distinguished Service and I don’t deserve that either.’’ if we could help our constituents, our Award to an outstanding public serv- We all in our lives are honored by State and our Nation. ant. The award normally rotates be- many things. We are honored by the He went on to say, Mr. Irwin, that tween the parties, as do our officers. support and affection and loyalty of more people had gotten into trouble in Last year we presented the award to a our families, our spouses, our friends, this body by thinking for themselves remarkable Republican, Jack Kemp. and we are honored by those with than by stealing money. That out- This year we are pleased to be honoring whom we have had the opportunity to rageous statement was absolutely be- an extraordinary Democrat, Tom work, particularly those who work in yond sufferance. Later on, however, it was my honor Foley. public service. to be a subcommittee chairman and Tom is a native of Spokane, Wash- I think the greatest honor of my life later, with Kika de la Garza, our com- ington, and a graduate of the Univer- was the willingness of my wife Heather mittee chairman and the Democratic sity of Washington and its School of to allow me to join her life. She had to Whip and the Majority Leader and, fi- Law. He was elected to represent the leave, but she was here earlier. Second nally, in June of 1989, the Speaker of State of Washington’s Fifth Congres- to that, probably the honor that was the House. As I took the oath as sional District in the House of Rep- bestowed on me, as it was on all of you, Speaker, the wise words of Mr. Irwin resentatives 15 times, serving his con- by hundreds of thousands of constitu- came across a generation of time, and stituents for 30 years, from January ents, who were willing to trust your I thought how right he was, how right judgment and your responsibility in 1965 to January 1995. he was, Members should support, follow Prior to being elected the 49th representing them in the House of Rep- and accept in all ways the leadership of Speaker of the House on June 6, 1989, resentatives. That is truly a great the Speaker. But, of course, that does Tom served as Majority Leader and, honor because, as it was said 200 years not happen. Then and now, people of all from 1981 to 1987, as Majority Whip. ago from the gallery, ‘‘Here, sir, the parties, of all regions, of all cir- During his illustrious career in the people govern.’’ cumstances that serve here follow their House, he was a member of the Perma- When I was a young Member of Con- own best judgment as to how they can gress, John McCormick said one time nent Select Committee on Intelligence, best serve their citizen constituents. the Committee on the Budget, the Se- when he was Speaker to us that if the I think that it is an enduring honor lect Committee to Investigate Covert day came when you were not thrilled, to have served in this body, and for, I Arms Transactions with Iran, the Com- deeply honored and deeply moved as think, the thousands who have served mittee on Interior and Insular Affairs, you came to the Capitol, whether it here it is certainly one of the most sig- and chaired the Committee on Agri- was a stormy or sunny day and any nificant things that happens in their culture, the Committee on Standards season of the year, and you did not lives. of Official Conduct and the House Ge- have that great sense of responsibility After I left here I had an additional neva Arms Talks Observer Team. In ad- and honor to be allowed to serve so honor of being asked by President Clin- dition, he was chairman of both the many of your fellow constituents, he ton to serve as Ambassador to Japan, House Democratic Caucus and the said if that day comes, quit. Quit. You and I remember very distinctly the mo- Democratic Study Group. have stayed too long. ment when I presented my credentials When he left Congress, Tom joined When I was a very young Member of to the Emperor and was proud to say I the law firm of Akin, Gump, Strauss, Congress, brand new, not yet sworn in, have been selected, Your Majesty, as Hauer & Feld in Washington, D.C. as a we, as were Republican Members, were the Ambassador of the United States of partner. He was Chairman of the Presi- given briefings by our seniors and America to Japan. I herewith present dent’s Foreign Intelligence Advisory betters. John McCormick was Speaker my credentials of office and my prede- Board until his appointment as the when I was a newly-elected Member, cessor’s letter of withdrawal. That was 25th U.S. Ambassador to Japan in No- and he addressed the Members of the a fascinating opportunity for me, again vember 1997, a post he held until 2001. 89th Congress by saying that some of a great honor, to represent our country Upon his return to Washington, he us might have been elected seriously, to America’s strongest ally in the Pa- rejoined Akin, Gump, where he advises others by accident, and he would only cific, and to follow, again, a very dis- clients on matters of legal and cor- know and the leadership would only tinguished group of Ambassadors who porate strategy. Tom currently is know after 2 years time if we were re- have served there before, including the Chairman of the Trilateral Commis- elected. In the meantime, he wished us late Mike Mansfield. sion. well. As I returned from Japan after being Tom has served on a number of pri- We were then addressed by a very asked to stay for a short term during vate and public boards of directors and powerful member of the Appropriations President Bush’s administration be- has received numerous honors, includ- Committee, Mr. Irwin, who said that he cause of the tragic sinking of the ing the Cross of the Order of Merit of wanted to warn us against the single Ehime Maru by a U.S. submarine, I left the Federal Republic of Germany, and, greatest danger that could occur to a on the very day that was mentioned by from the Government of Japan, the new Member of Congress beginning his our President, and on April 1, when the Grand Cordon of the Order of the Ris- or her service. We leaned forward to Chief of Station told me, as I was get- ing Sun, Paulowina Flowers, in rec- hear what that was, some ethical trap ting in the car to go to the airport, ognition of his service to the U.S. or other we thought perhaps. that we have an aircraft down from House of Representatives and the im- He said, ‘‘That great danger, above Kadena in Hainan Island, China. But portant impact he had on facilitating all others, is thinking for yourselves.’’ those events and the tension that fol- harmonious U.S.-Japan relations and He said, ‘‘Don’t do that.’’ He said, ‘‘For lowed have passed and the United promoting understanding of Japan in heavens sake, don’t do that.’’ He said, States has resumed a constructive rela- the United States. ‘‘Trust the subcommittee chairmen, tionship in China.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.012 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2245 And I want to say a word of praise for Members of Congress, and thank you up House Resolution 415 and ask for its this organization and its constant all. immediate consideration. work to use the opportunity of former Mr. LAROCCO. The Chair would like The Clerk read the resolution, as fol- parliamentarians here to meet with to recognize the gentleman from Illi- lows: parliamentarians in other countries nois for the following purpose: If the H. RES. 415 and in other regions. The study group former Members would join me in giv- Resolved, That at any time after the adop- for Germany and Japan and the one ing our President, John Erlenborn, an tion of this resolution the Speaker may, pur- soon to be established for China, the expression of appreciation for his serv- suant to clause 2(b) of rule XVIII, declare the parliamentary exchanges with Mexico ice. Thank you, John. House resolved into the Committee of the The Chair again wishes to thank the Whole House on the state of the Union for and with Canada, with Eastern Europe consideration of the bill (H.R. 4546) to au- and elsewhere have allowed the United former Members of the House for their thorize appropriations for fiscal year 2003 for States Congress and the United States presence here today. Before termi- military activities of the Department of De- former Members to share their experi- nating these proceedings, the Chair fense, and for military construction, to pre- ences with parliamentarians, distin- would like to invite those former Mem- scribe military personnel strengths for fiscal guished parliamentarians in other bers who cannot respond when the roll year 2003, and for other purposes. The first parts of the world, and I think together was called to give their names to the reading of the bill shall be dispensed with. we advance the cause of democracy by Reading Clerk for inclusion on the roll. All points of order against consideration of The Chair wishes to thank the other the bill are waived. General debate shall be that effort. I do not think there is any confined to the bill and shall not exceed one higher calling that a former Member of Members of the House for their pres- hour equally divided and controlled by the Congress can aspire to than to use ence here today. Good luck to all. chairman and ranking minority member of whatever experience he or she has in The Chair announces that the House the Committee on Armed Services. After the service of our constituents and in will reconvene at 10:40 a.m. general debate the bill shall be considered parliamentary democracy to advance it Accordingly (at 10 o’clock and 25 for amendment under the five-minute rule. throughout the world. minutes a.m.) the House continued in SEC. 2. (a) It shall be in order to consider Again, with great thanks to all of recess. as an original bill for the purpose of amend- ment under the five-minute rule the amend- you for the honor you have given me f ment in the nature of a substitute rec- today. b 1041 ommended by the Committee on Armed Mr. Chairman, I ask unanimous con- Services now printed in the bill. The com- sent to revise and extend my remarks AFTER RECESS mittee amendment in the nature of a sub- and I leave the floor. But before I do, The recess having expired, the House stitute shall be considered as read. All points let me say one final thing of apprecia- was called to order by the Speaker pro of order against the committee amendment in the nature of a substitute are waived. tion to one other Member here today, tempore (Mr. LATOURETTE) at 10 Bob Michel, with whom I had the great (b) No amendment to the committee o’clock and 41 minutes a.m. amendment in the nature of a substitute honor of serving all the time I was here f shall be in order except those printed in the and especially when I was Speaker dur- report of the Committee on Rules accom- ing the time when he was the distin- PRINTING OF PROCEEDINGS HAD panying this resolution and amendments en guished Republican leader of the DURING RECESS bloc described in section 3 of this resolution. House. If circumstances had been a lit- Mrs. MYRICK. Mr. Speaker, I ask (c) Except as specified in section 4 of this tle different and the electoral cycle a unanimous consent that the pro- resolution, each amendment printed in the little different, Bob Michel would have report of the Committee on Rules shall be ceedings had during the recess be print- considered only in the order printed in the been one of the great Speakers of this ed in the CONGRESSIONAL RECORD and report, may be offered only by a Member des- House, and I am proud to know him. that all Members and former Members ignated in the report, shall be considered as Thank you very much. who spoke during the recess have the read, and shall not be subject to a demand Mr. LAROCCO. Without objection, so privilege of revising and extending for division of the question in the House or ordered. their remarks. in the Committee of the Whole. Unless other- Mr. ERLENBORN. You may be won- The SPEAKER pro tempore. Is there wise specified in the report, each amendment dering, since I missed a line in my in- objection to the request of the gentle- printed in the report shall be debatable for 10 minutes equally divided and controlled by troduction of Tom Foley, what he was woman from North Carolina? doing here today, and that was he was the proponent and an opponent and shall not There was no objection. be subject to amendment (except as specified receiving the Statesmanship award. f in the report and except that the chairman The Distinguished Service Award is and ranking minority member of the Com- being given to Tom Foley. I did not MESSAGE FROM THE SENATE mittee on Armed Services each may offer want him to hold the award during his A message from the Senate by Mr. one pro forma amendment for the purpose of speech, but I have a copy of it here and Monahan, one of its clerks, announced further debate on any pending amendment). here is what it says: ‘‘Presented by the that the Senate agrees to the report of (d) All points of order against amendments printed in the report of the Committee on U.S. Association of Former Members of the committee of conference on the Congress to the Honorable Thomas S. Rules or amendments en bloc described in disagreeing votes of the two Houses on section 3 of this resolution are waived. Foley for his many years of distin- the amendment of the Senate to the SEC. 3. It shall be in order at any time for guished service to the Nation as U.S. bill (H.R. 2646) ‘‘An Act to provide for the chairman of the Committee on Armed Ambassador to Japan and as a Member the continuation of agricultural pro- Services or his designee to offer amendments of for 30 years, grams through fiscal year 2011.’’. en bloc consisting of amendments printed in including his extraordinary leadership The message also announced that the part B of the report of the Committee on as Democratic Whip, Majority Leader Senate has passed without amendment Rules not earlier disposed of or germane and Speaker of the House of Represent- modifications of any such amendment. in which the concurrence of the House Amendments en bloc offered pursuant to this ative. Washington, D.C., May 9, 2002.’’ is requested, a concurrent resolution of section shall be considered as read (except So now you know. the House of the following title: that modifications shall be reported), shall Thank you again, Tom, for your lead- H. Con. Res. 347. Concurrent resolution au- be debatable for 40 minutes equally divided ership and service. thorizing the use of he Capitol Grounds for and controlled by the chairman and ranking Mr. Speaker and members of the As- the National Peace Officers’ Memorial Serv- minority member of the Committee on sociation, we are honored and proud to ice. Armed Services or their designees, shall not be subject to amendment, and shall not be serve in the U.S. Congress. We are con- f tinuing our service to our Nation in subject to a demand for division of the ques- other ways now, but hopefully ones PROVIDING FOR CONSIDERATION tion in the House or in the Committee of the OF H.R. 4546, BOB STUMP NA- Whole. For the purpose of inclusion in such that are equally as effective. Again, amendments en bloc, an amendment printed thank you for letting us return today TIONAL DEFENSE AUTHORIZA- TION ACT FOR FISCAL YEAR 2003 in the form of a motion to strike may be to this Chamber. modified to the form of a germane perfecting This concludes our 32nd annual re- Mrs. MYRICK. Mr. Speaker, by direc- amendment to the text originally proposed port by the U.S. Association of Former tion of the Committee on Rules, I call to be stricken. The original proponent of an

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.014 pfrm15 PsN: H09PT1 H2246 CONGRESSIONAL RECORD — HOUSE May 9, 2002 amendment included in such amendments en ices, the gentleman from Arizona (Mr. military remains the world’s finest. It bloc may insert a statement in the Congres- STUMP), and the ranking minority meets the President’s overall defense sional Record immediately before the dis- member, the gentleman from Missouri request, which is a large increase over position of the amendments en bloc. KELTON current spending, and it provides sub- SEC. 4. The Chairman of the Committee of (Mr. S ), for crafting legislation the Whole may recognize for consideration of that will make America a safe place. It stantial resources to fight terrorism. any amendment printed in the report of the improves our defense against terror- Additionally, Democrats and Repub- Committee on Rules out of the order printed, ists, rogue nations, against chemical licans have again worked together to but not sooner than one hour after the chair- and biological warfare and nuclear make significant improvements in the man of the Committee on Armed Services or weapons. troops’ quality of life. a designee announces from the floor a re- However, there is one amendment the The bill provides for another substan- quest to that effect. Committee on Rules made in order tial military pay raise, at least 4.1 per- SEC. 5. At the conclusion of consideration cent for all servicemen and women, and of the bill for amendment the Committee that I strongly oppose, the Sanchez shall rise and report the bill to the House amendment. It would allow abortions up to 6.5 percent for mid-grade and sen- with such amendments as may have been on our military bases overseas. Mili- ior noncommissioned officers. It au- adopted. Any Member may demand a sepa- tary treatment centers, which are dedi- thorizes $10 billion for military con- rate vote in the House on any amendment cated to healing and nurturing life, struction and family housing because adopted in the Committee of the Whole to should not be forced to facilitate the our troops and their families should the bill or to the committee amendment in not have to live in substandard condi- the nature of a substitute. The previous taking of the most innocent human life, the child in the womb. For the tions. And for military retirees, the question shall be considered as ordered on bill ends the current practice of reduc- the bill and amendments thereto to final past 5 years, the House has voted to passage without intervening motion except keep abortion on demand out of mili- ing veterans’ retirement pay when they one motion to recommit with or without in- tary medical facilities. I urge my col- seek disability compensation. I am disappointed, Mr. Speaker, that structions. leagues to stay on this course and vote the Committee on Rules rejected my against this amendment. b 1045 amendment to remove some of the ob- The SPEAKER pro tempore (Mr. That said, this is a fair rule. So let us pass this rule and pass the underlying stacles faced by more than 15,000 legal LATOURETTE). The gentlewoman from defense authorization bill. At the end immigrants in the armed services who North Carolina (Mrs. MYRICK) is recog- of the day, we will be making our want to become citizens. Their service nized for 1 hour. reflects the tremendous pride and pa- homeland safer and we will be sup- Mrs. MYRICK. Mr. Speaker, for pur- triotism of our immigrant commu- porting our sons and daughters who are poses of debate only, I yield the cus- nities, particularly among Hispanic serving us in the military. We will be tomary 30 minutes to the gentleman immigrants, and I will keep working to preparing for war, if necessary, thereby from Texas (Mr. FROST); pending which make sure this becomes law. I yield myself such time as I may con- ensuring victory. At this crucial time I am also disappointed Republican sume. During consideration of this res- in our history, this bill is most impor- leaders did not make in order the olution, all time yielded is for the pur- tant. amendment offered by the gentleman Mr. Speaker, I reserve the balance of pose of debate only. from Mississippi (Mr. TAYLOR), one of Mr. Speaker, yesterday the Com- my time. the strongest supporters of the mili- Mr. FROST. Mr. Speaker, I yield my- mittee on Rules met and granted a tary in this Congress, to allow the self such time as I may consume. structured rule for H.R. 4546, the Na- House a clean vote on another round of Mr. Speaker, after September 11, the tional Defense Authorization Act for base closures, something we have not world saw something that we have Fiscal Year 2003. The rule provides for yet had. And the gentleman from Mis- known for a long time: Ensuring the 1 hour of general debate, equally di- sissippi (Mr. SHOWS), another pro-de- security and liberty of the American vided between the chairman and rank- fense Democrat, had a worthy amend- people is not a partisan issue. Regard- ing minority member of the Committee ment to allow military retirees the less of our differences on domestic on Armed Services. Mr. Speaker, this is same health coverage as Federal em- issues, like Social Security and edu- a fair rule. It is a traditional struc- ployees, but Republican leaders refused cation, Democrats and Republicans are tured rule for defense authorization to allow it. and it provides for debate on a number united behind our troops and com- This bill does, however, continue our of pertinent issues, including nuclear mitted to providing them the resources bipartisan approach to ensuring Amer- policy, missile defense, quality-of-life to defend the people of this great coun- ica’s military superiority throughout issues for our servicemen and women, try. We are all Americans, we are all the world, providing $3.7 billion more and a number of noncontroversial con- patriotic, and we are all here to pro- than the President requested for im- cerns. mote the best interests of this great portant weapons programs. In par- H.R. 4546 is a good bill. This legisla- Nation. A strong national defense ticular, it authorizes over $5.2 billion tion firmly shows our commitment to stands as one of the great pillars of the for the F–22 Raptor, the Air Force’s restoring the strength of our Nation’s might of our country, and this bill next generation air dominance fighter. military. This is the fifth straight year largely reflects America’s bipartisan It includes $1.6 billion for the services’ of real increases to defense spending support for national defense, the war various versions of the Osprey aircraft. after 13 consecutive years of real cuts on terrorism, and our men and women It provides $562.3 million for the Global to defense budgets, and the largest in- in uniform. Hawk UAV. And the bill provides $3.4 crease in military manpower since 1986. In light of this bipartisan coopera- million for the Joint Strike Fighter, With U.S. personnel risking their tion in the war on terrorism, it is par- the high tech multi-role fighter of the lives on the front lines of the war on ticularly outrageous that the Repub- future. terrorism, H.R. 4546 is more than just a lican majority has given us such an un- As you can see, Mr. Speaker, the ma- signal to our soldiers, sailors, airmen fair and one-sided rule on this impor- jority of this bill reflects the bipar- and marines that this is a Nation that tant bill. Mr. Speaker, the ranking mi- tisan support our armed forces enjoy in recognizes their sacrifices. It is the nority member and the chairman of the this Congress. So I am frankly mys- means by which we meet our commit- House Committee on Armed Services, tified that Republican leaders are in- ment to providing them a decent qual- the gentleman from Missouri (Mr. sisting on using the war on terrorism ity of life, by providing an across-the- SKELTON) and the gentleman from Ari- as an excuse to continue their long- board 4.1 percent pay increase for mili- zona (Mr. STUMP), respectively, deserve time attack on the environment. It tary personnel, as well as improving real credit for this bill. The gentleman verges on ideological war profiteering, benefits and continuing to build new from Missouri (Mr. SKELTON) in par- and they should be ashamed of them- housing and working facilities. The ticular has fought very hard to keep selves. housing conditions have been deplor- this process bipartisan. Some Republicans have squirreled able, and certainly they deserve better. Mr. Speaker, in a nutshell, this bill away in this bill provisions to exempt I commend my colleagues, the chair- provides the resources to win the war the Pentagon from landmark environ- man of the Committee on Armed Serv- on terrorism and to ensure America’s mental protections that have been on

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.004 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2247 the books for decades. America has authored by Republicans, and there are strong, not the kind of rule which has fought and won numerous wars while 3 bipartisan amendments that have been presented today. respecting the Endangered Species Act, been made in order. So we are clearly Mr. Speaker, I yield 2 minutes to the for instance, but now some Republicans going to have the opportunity to have gentleman from Missouri (Mr. SKEL- insist on undercutting it. Since Repub- a full debate on this issue. TON), the ranking member on the Com- lican leaders know they cannot defend In years past, Mr. Speaker, we have mittee on Armed Services. in the light of day their attack on the had sometimes 2 weeks of consider- Mr. SKELTON. Mr. Speaker, I rise to environment, the Committee on Rules ation of this measure because it has express some concern that I have; and last night refused to allow the House to been so contentious. This is probably as Members know, I had an oppor- even vote on Democratic amendments the least contentious, the least divisive tunity to testify yesterday before the to strike these environmental defense authorization bill that we have Committee on Rules. I intend to vote rollbacks, as well as many other had, again, in a long period of time, in against the previous question. How- amendments offered by Democratic large part due to the fact that we have ever, should the previous question pass, Members. come together as a Nation to win the it is my intention to vote for the rule. Additionally, there are several very war on terrorism and to make sure But let me first tell Members of my se- important issues in the bill that the that we have a defense capability sec- rious concerns. Committee on Rules majority has ond to none so that we do not face the A number of key Democratic amend- given short shrift to by limiting debate kinds of tragedies that our country has ments and proposals were not made in to 10 or 15 minutes. Given the mag- faced in the past. order. They include, but are not lim- nitude of nuclear weapons testing, mis- So I believe that we have a very good ited to the amendment of the gen- sile defense, and other matters of glob- rule here that allows for a full debate tleman from South Carolina (Mr. al reach, it seems irresponsible to give on a wide range of issues. This rule, I SPRATT) requiring 12 months notice to Members of this body so little time to am happy to say, is going to enjoy bi- Congress before nuclear testing. It debate. In years past, the defense au- partisan support. I know there are con- makes sense to debate that. Or another thorization bill has taken several days, cerns that have been raised by a num- amendment by the gentleman from if not a full work week of floor time. ber of people, but one of the things we South Carolina (Mr. SPRATT) on coop- So I am disappointed the Republican know in this institution is that we are erative threat reduction. What is more leaders are rushing through this bill in never going to make everyone happy important than that issue? one day so they can get out of town. when it comes to the process of amend- It makes sense to debate the Allen Mr. Speaker, it is my intention to op- ing legislation. But I do believe that amendment prohibiting nuclear-tipped pose the previous question so that this this measure is a very appropriate one. interceptors. That was put to bed back bill can be improved in a way that will The structure for this rule was in in 1982. It makes sense to debate the make it truly bipartisan. If the pre- fact designed by our late former col- amendment by the gentleman from vious question is defeated, it is my in- league, Les Aspin, who put into place Mississippi (Mr. TAYLOR) on the Colom- tention to offer an amendment to the this procedure that we are using right bian troop cap, or the gentleman’s rule that will allow the House to con- now, the former chairman of the Com- amendment of last year repealing last sider amendments addressing the envi- mittee on Armed Services and the year’s base closure law; the Rahall ronmental issues in this bill as well as former Secretary of Defense Mr. Aspin. amendment on the environmental pro- the other issues proposed by Demo- So I believe that we have done this in visions; the Hinchey amendment on en- cratic Members. a very fair and a very balanced way. vironmental provisions; as well as the I urge Members of both political par- I want to congratulate, along with Hooley amendment. These are items ties to join me in opposing the previous the distinguished chairman of the Com- which should have been, in my opinion, question when it is ordered. In that mittee on Armed Services, the gen- made in order because we are in favor way we can protect the environment tleman from Arizona (Mr. STUMP), my of a full and fair debate. Nevertheless, and preserve the bipartisanship that friend, the gentleman from Missouri we forge ahead. has been so important to the war on (Mr. SKELTON), my home State of Mis- Mr. Speaker, I stated that I would terrorism. Then we can overwhelm- souri as well, who has made a number vote against the previous question be- ingly pass this bipartisan bill for the of proposals to us. And I know he has cause of the fact that these amend- troops. some concerns, but I am very pleased ments were not made in order, that we Mr. Speaker, I reserve the balance of that we will, as I said, enjoy bipartisan seem to be rushing to judgment with- my time. support for this rule and will have very out a full and fair debate that the Mrs. MYRICK. Mr. Speaker, I yield strong bipartisan support for this country is entitled to have. such time as he may consume to the measure at the end of the day. Mrs. MYRICK. Mr. Speaker, I yield 4 gentleman from California (Mr. minutes to the gentleman from Wash- b 1100 DREIER), the distinguished chairman of ington (Mr. HASTINGS), a member of the the Committee on Rules. Mr. FROST. Mr. Speaker, I yield my- Committee on Rules. Mr. DREIER. Mr. Speaker, I thank self 1 minute. (Mr. HASTINGS of Washington asked the gentlewoman for yielding me this Mr. Speaker, the strength of a de- and was given permission to revise and time, and I congratulate her on her mocracy is to be able to have full pub- extend his remarks.) management of this rule. lic debate on important national issues Mr. HASTINGS of Washington. Mr. Let me say that as I listened to my such as national defense. We stand for Speaker, I rise in strong support of the friend from Dallas describe this rule, it a strong national defense. Many of us rule and the underlying legislation. is not quite the one that I recall our in this caucus have a long history in The legislation before us today will having crafted late last night. In years that regard; but we also stand for the have a tremendous positive impact on past, we have had 150-plus amendments proposition that the American people improving the environment in our filed to the Committee on Rules on this can be trusted with the facts, and that country and ensuring the safety of all legislation. The success of passage of there should be a full discussion on im- Americans. this Bob Stump Defense Authorization portant issues of national defense. But first, today’s legislation author- Act, which is very appropriately titled The majority has ignored that and izes $382.8 billion for national defense, for our colleague who is going to be re- ignored the past practices of this House which is consistent with the House tiring at the end of the 107th Congress, of having a full airing of national de- budget resolution. It includes $7.3 bil- in fact brought a total of 83 amend- fense issues, and having a bill that lion for programs to combat terrorism, ments, the lowest number that I can would be on the floor for several days, and it also includes an increase of 4.1 ever remember. And I am very pleased perhaps even a week. That is in the percent for our men and women in uni- that of those 83 amendments filed, we best tradition of this country. We form. have made in order 25 amendments. stand for a strong America, and we Further, this legislation keeps our There are 10 amendments authored by stand for a strong and complete discus- commitment to our military retirees Democrats, there are 12 amendments sion of the issues that make America by completing eliminating the unfair

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.018 pfrm15 PsN: H09PT1 H2248 CONGRESSIONAL RECORD — HOUSE May 9, 2002 practice of reducing retirement pay noteworthy that it is named for the The greatest challenge facing the military based on disability payments, and this chairman, the gentleman from Arizona health care system is caring for retirees—es- will be done by the year 2007. (Mr. STUMP), and it will be a tremen- pecially those over the age of 65. I am very pleased that the legislation dous legacy once finalized. Again, I regret that the structured rule has also includes the administration’s pro- The bill has flaws, however, and denied me the opportunity to provide a much posal to accelerate cleanup of former there were numerous amendments that needed boost to the military health care sys- nuclear weapon production sites were offered by Members on both sides tem. Be assured that my support for our mili- throughout the country. This year the of the aisle which were not made part tary extends to support for veterans and their Bush administration has made a strong of this rule. families and I will continue to support them commitment to our environment However, I do feel overall that the however, wherever, and whenever I can. through the environmental manage- rule will allow for support for our Mr. Speaker, there are a few other aspects ment, or EM, program at the Depart- fighting men and women as they wage of this bill that remain troublesome—one con- ment of Defense. As the chairman of war against terrorism. It equips them cerns our environment and the other concerns the House Nuclear Cleanup Caucus, I with the technology, training and per- the deployment of American troops in Colom- appreciate the commitment of the sonnel that they need to attain vic- bia. Regrettably, this structured rule has de- committee to ensure that our Nation’s tory, and also demonstrates our com- nied us the opportunity for further debate on commitment to cleaning up these sites, mitment to providing an improved these two important issues. which represent the greatest environ- quality of life in granting of funds for This bill grants special exemptions to the mental challenges in the country, will military living and working facilities. Department of Defense environmental pro- However, due to the structured rule, continue on track. grams. This provision is, and I quote, ‘‘in- we have been denied the opportunity to The legislation provides at least $800 tended to restore a balance between environ- debate several amendments, including million to a new cleanup account to ac- mental responsibilities and military readiness.’’ one I introduced. The amendment I in- celerate and reform cleanup of the It relieves DoD, when conducting training ex- troduced would have increased funding highest risk environmental threats in ercises, from observing the Endangered Spe- the U.S. in a new and profoundly dif- currently authorized for military health care by $2.5 million, with the cies Act, the Migratory Bird Act, and the Ma- ferent manner. This new account will rine Mammal Act. implement the results of the Depart- necessary offsets that would not have affected the Pentagon at all. Not $25 The ESA already contains a provision that ment’s year long, top-to-bottom review permits DoD to request a waiver from compli- of the EM program. The account will million, not $250 million, but just $2.5 million specifically for retirees and ance with the Endangered Species Act if that direct dollars to accelerate cleanup their dependents. compliance poses a threat to national security. throughout the Nation without com- In addition to serving active duty, I question the necessity of granting the De- promising safety and embracing re- the military and their families, the partment of Defense with a blanket exclusion forms to ensure that the best commer- military health system provides serv- from the laws that the rest of us must adhere cial practices and technology drive the ices to military retirees and their de- to. program in the future. pendents. While the number of people An amendment, offered by Mr. MALONEY Most important, however, is the com- on active duty is not projected to in- sought to strike this language from the bill, mitment to drive more program dollars crease dramatically over the next few and another from Ms. SANCHEZ required an- directly to cleanup and risk reduction, years, the number of retirees and their nual reports from DoD on its stewardship of which will accelerate cleanup by dec- dependents, especially over the age of the environmentally sensitive areas on military ades at these sites throughout the 65, will. We face immense challenges in bases. Both of these amendments would have country and save the American tax- this regard. initiated a much needed debate on this issue, payers tens of billions of dollars in the I regret that the structured rule has but we have denied that right by the rule that future. denied me and other Members the op- has been invoked. I am convinced that this program portunity to provide a much-needed Secondly, Mr. TAYLOR offered an amend- will be successful, and I am proud that boost to the military health care sys- ment to limit the number of U.S. troops in Co- the Hanford site in my district has led tem. Be assured that my support, as lombia to not more than 500. Mr. Speaker, I the Nation in reaching the first agree- my colleagues, for our military extends have some grave concerns about the neces- ment under the new cleanup account. to support for veterans and their fami- sity of increasing the number of American This agreement, which was agreed to lies, and I will continue to support troops currently in Colombia and would have by the Bush administration, the Gov- them however, wherever, and whenever welcomed the opportunity to debate this issue ernor of the State of Washington and I can. with my colleagues. the EPA, will direct $433 million out of Mr. Speaker, I rise today to voice my sup- this new account to Hanford. This his- port for H.R. 4546, the Bob Stump National f toric agreement, when fully imple- Defense Authorization Act for Fiscal Year mented, will result in cost savings of 2003. This bill shows the nation’s unwavering MOTION TO ADJOURN $33 billion and will accelerate cleanup support for our fighting men and women as by 35 to 45 years. This is truly a re- they wage war against terrorism. It equips Mr. TAYLOR of Mississippi. Mr. markable commitment to our environ- them with the technology, training and per- Speaker, I move that the House do now ment, and I look forward to additional sonnel they need to attain victory. It also dem- adjourn. sites reaching similar agreements in onstrates our commitment to providing an im- The SPEAKER pro tempore (Mr. the future. proved quality of life in the granting of funds LATOURETTE). The question is on the Mr. Speaker, this agreement will pro- for upgrades to military living and working fa- motion to adjourn offered by the gen- vide a 5-year funding commitment in- cilities. tleman from Mississippi (Mr. TAYLOR). stead of the year-to-year hassle that However, due to the structured rule, we The question was taken; and the we go through every year. have been denied the opportunity to debate Speaker pro tempore announced that Mr. Speaker, I urge Members to sup- the amendment I introduced. the noes appeared to have it. port the rule and the underlying legis- My amendment would have increased fund- Mr. TAYLOR of Mississippi. Mr. lation. ing currently authorized for military health care Speaker, I object to the vote on the Mr. FROST. Mr. Speaker, I yield 2 by $2.5 million, specifically for retires and their ground that a quorum is not present minutes to the gentleman from Florida dependents. and make the point of order that a (Mr. HASTINGS). Mr. Speaker, in addition to serving active quorum is not present. (Mr. HASTINGS of Florida asked and duty military and their families, the military The SPEAKER pro tempore. Evi- was given permission to revise and ex- health system provides services to military re- dently a quorum is not present. tend his remarks.) tirees and their dependents. While the number The Sergeant at Arms will notify ab- Mr. HASTINGS of Florida. Mr. of people on active duty is not projected to in- sent Members. Speaker, I will vote for H.R. 4546, the crease dramatically over the next few years, The vote was taken by electronic de- Bob Stump National Defense Author- the number of retirees and their dependents, vice, and there were—yeas 44, nays 366, ization Act for Fiscal Year 2003. It is especially those over the age of 65, will. not voting 24, as follows:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.022 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2249 [Roll No. 134] Morella Rogers (MI) Sununu and women who represent us. We are Murtha Rohrabacher Sweeney talking in this bill about a better pay YEAS—44 Myrick Ros-Lehtinen Tancredo Allen Holt Payne Nadler Ross Tauscher raise, a pay raise where we are able to Andrews Honda Pelosi Neal Rothman Tauzin keep the brightest and the best. We are Barton Jefferson Sandlin Nethercutt Roukema Taylor (NC) talking about better housing for our Ney Roybal-Allard Berry Lampson Schakowsky Terry Northup Royce men and women; we are talking about Brady (PA) Langevin Shows Thomas Nussle Rush increasing our readiness; we are talk- Capuano Larson (CT) Slaughter Thompson (CA) Oberstar Ryan (WI) Conyers Lee Thompson (MS) ing about research and development; Spratt Obey Ryun (KS) Crowley Lewis (GA) Stark Thornberry we are talking about counterterrorism. DeFazio McDermott Olver Sabo Tanner Thune We are trying to talk about the issues Dingell McGovern Ortiz Sanchez Taylor (MS) Thurman Doggett Miller, George Osborne Sanders which I perceive are important to the Towns Tiahrt Filner Mink Otter Sawyer military in this country. Tiberi Frank Owens Waters Oxley Saxton However, perhaps the most key com- Woolsey Pastor Schiff Tierney Hastings (FL) Pallone ponent is we are going to talk about Hinchey Pascrell Wu Paul Schrock Toomey Pence Scott Turner homeland security today, and there is NAYS—366 Peterson (MN) Sensenbrenner Udall (CO) one amendment which will be discussed Petri Serrano Udall (NM) today that says that no funds for 2003 Ackerman Delahunt Hunter Phelps Sessions Upton Aderholt DeLauro Hyde Pickering Shadegg Velazquez appropriations for the Department of Akin DeLay Inslee Pitts Shaw Visclosky Defense may be used for space-based Armey DeMint Isakson Platts Shays Vitter Baca Deutsch Israel national defense programs. Pombo Sherman Walden Bachus Diaz-Balart Issa Mr. Speaker, I would tell my col- Pomeroy Sherwood Walsh Baird Dicks Istook Portman Shimkus leagues that I believe that now, more Baker Dooley Jackson (IL) Wamp Price (NC) Shuster Watkins (OK) than ever, this Congress should focus Baldacci Doolittle Jenkins Pryce (OH) Simmons Watt (NC) on not only ballistic missile threats Baldwin Doyle John Putnam Simpson Watts (OK) Ballenger Dreier Johnson (CT) Quinn Skelton that face this country, because it is not Weiner Barcia Duncan Johnson (IL) Radanovich Smith (MI) just what is aimed at our military, it is Barr Dunn Johnson, E. B. Rahall Smith (TX) Weldon (FL) what is aimed at our homeland. Our Barrett Edwards Johnson, Sam Weldon (PA) Ramstad Smith (WA) homeland security is now an issue. Bartlett Ehlers Jones (NC) Rangel Snyder Weller Bass Ehrlich Jones (OH) Regula Solis Wexler Mr. Speaker, there are more than 28 Becerra Emerson Kanjorski Rehberg Souder Whitfield countries outside the United States Bentsen Engel Keller Reyes Stearns Wicker that possess not only ballistic missiles, Bereuter English Kelly Reynolds Stenholm Wilson (NM) but the desire and the threat to not Berkley Eshoo Kennedy (MN) Rivers Strickland Wilson (SC) Berman Etheridge Kennedy (RI) Rodriguez Stump Wolf only threaten America, but also our al- Biggert Evans Kerns Roemer Stupak Wynn lies. These 28 countries, as we look Bilirakis Everett Kildee Rogers (KY) Sullivan Young (FL) around, many of them represent bellig- Blagojevich Farr Kilpatrick Blumenauer Fattah Kind (WI) NOT VOTING—24 erent countries who would wish for Blunt Ferguson King (NY) Abercrombie Kaptur Schaffer America to be harmed. These 28 coun- Boehlert Flake Kingston Bishop Maloney (CT) Skeen tries possess the ability to threaten the Boehner Fletcher Kirk Burton Meehan Smith (NJ) United States and our military and our Bonilla Foley Kleczka Clay Moran (VA) Bonior Forbes Knollenberg Traficant allies. Crane Napolitano Watson (CA) Bono Ford Kolbe Cubin Norwood What is important about this debate Boozman Fossella Kucinich Waxman Hall (OH) Ose Young (AK) is that we need to understand what our Borski Frelinghuysen LaFalce Jackson-Lee Peterson (PA) President has said about it. President Boswell Frost LaHood (TX) Riley Boucher Gallegly Lantos Bush has said, America’s development Boyd Ganske Larsen (WA) b 1139 of a missile defense is a search for se- Brady (TX) Gekas Latham curity, not a search for advantage. Brown (FL) Gephardt LaTourette Messrs. SAXTON, COBLE, Brown (OH) Gibbons Leach GALLEGLY, ROGERS of Michigan, Mr. Speaker, homeland security for Brown (SC) Gilchrest Levin and Mrs. MALONEY of New York and America is what this bill is also about. Bryant Gillmor Lewis (CA) Ms. HART changed their vote from I support this rule, I support this bill, Burr Gilman Lewis (KY) and I hope Members will focus on Buyer Gonzalez Linder ‘‘yea’’ to ‘‘nay.’’ Callahan Goode Lipinski So the motion to adjourn was re- homeland security and the support our Calvert Goodlatte LoBiondo President gives for this bill. Camp Gordon Lofgren jected. Cannon Goss Lowey The result of the vote was announced b 1145 Cantor Graham Lucas (KY) as above recorded. Mr. FROST. Mr. Speaker, I yield 1 Capito Granger Lucas (OK) Capps Graves Luther f minute to the gentleman from Massa- Cardin Green (TX) Lynch PROVIDING FOR CONSIDERATION chusetts (Mr. MCGOVERN), a member of Carson (IN) Green (WI) Maloney (NY) the Committee on Rules. Carson (OK) Greenwood Manzullo OF H.R. 4546, BOB STUMP NA- Mr. MCGOVERN. Mr. Speaker, I op- Castle Grucci Markey TIONAL DEFENSE AUTHORIZA- pose this rule. The defense authoriza- Chabot Gutierrez Mascara TION ACT FOR FISCAL YEAR 2003 Chambliss Gutknecht Matheson tion bill provides a waiver to the Sec- Clayton Hall (TX) Matsui The SPEAKER pro tempore (Mr. retary of Defense to get around the Clement Hansen McCarthy (MO) LATOURETTE). The Chair would advise Clyburn Harman McCarthy (NY) current cap on U.S. military personnel Coble Hart McCollum that the gentlewoman from North in Colombia. Collins Hastings (WA) McCrery Carolina (Mrs. MYRICK) has 20 minutes I strongly oppose such a waiver. It is Combest Hayes McHugh remaining, and the gentleman from a serious abrogation of the duties of Condit Hayworth McInnis Cooksey Hefley McIntyre Texas (Mr. FROST) has 19 minutes re- this Congress to monitor and provide Costello Herger McKeon maining. oversight to our military programs and Cox Hill McKinney Mrs. MYRICK. Mr. Speaker, I yield 2 presence in Colombia. I oppose this Coyne Hilleary McNulty minutes to the gentleman from Texas Cramer Hilliard Meek (FL) waiver because it provides the Sec- Crenshaw Hinojosa Meeks (NY) (Mr. SESSIONS), another member of the retary of Defense with the ability for Culberson Hobson Menendez Committee on Rules. an unrestricted escalation of U.S. mili- Cummings Hoeffel Mica Mr. SESSIONS. Mr. Speaker, I thank tary personnel in Colombia and further Cunningham Hoekstra Millender- Davis (CA) Holden McDonald the gentlewoman from North Carolina engages in that country’s 40-year-old Davis (FL) Hooley Miller, Dan for yielding me this time. civil war, a war that Colombia’s gov- Davis (IL) Horn Miller, Gary Mr. Speaker, today we are consid- ernment has failed to adequately sup- Davis, Jo Ann Hostettler Miller, Jeff ering this rule and the debate that cer- Davis, Tom Houghton Mollohan port. Deal Hoyer Moore tainly concerns our support of the The gentleman from Mississippi (Mr. DeGette Hulshof Moran (KS) United States military and the men TAYLOR) offered an amendment to

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.003 pfrm15 PsN: H09PT1 H2250 CONGRESSIONAL RECORD — HOUSE May 9, 2002 strike the waiver language and main- women in uniform to continue pros- should not be treated like second-class tain the cap. Unfortunately, that ecuting successfully the war on ter- citizens. Our amendment would have amendment was not made in order. rorism. prohibited the military from requiring Mr. Speaker, this a huge issue. We The bill in front of us today marks or strongly encouraging servicewomen have seen waivers used and abused. Mr. the most significant increase to the de- to wear abayas and would have stopped Speaker, this bill strips away the prin- fense budget since 1986. It has targeted forcing the American taxpayer to pay cipal safeguard Congress has insisted two of the most critical areas which for them. upon to protect us from an escalating are crucial to maintaining a healthy As we can see, the abaya and head military mission in Colombia. It de- and robust military: quality of life and scarf cover the entire body from head serves a debate. readiness. to toe. The State Department does not I urge my colleagues to vote ‘‘no’’ on For the soldiers and airmen in my require or encourage any of its employ- the previous question so we can bring district, Fort Bragg and Pope Air ees to wear the abaya on duty precisely up the Taylor amendment and other Force Base in North Carolina, the abil- because they are representing the amendments, and if we are not success- ity to adequately care for their fami- United States. Are our military not ful in defeating the previous question, lies and train for the mission for which doing the same? Not even the spouses then vote against the rule. they are called are two issues second to and dependents of the State Depart- Mrs. MYRICK. Mr. Speaker, I yield 4 none. I believe this legislation makes ment staff wear the abaya. minutes to the gentleman from North significant progress in these areas. The government of Saudi Arabia does Carolina (Mr. HAYES), my neighbor. Furthermore, the bill funds the de- not require non-Muslim women to wear (Mr. HAYES asked and was given velopment and testing of an effective the abaya, and neither should we. Gen- permission to revise and extend his re- ballistic missile defense system. eral Schwarzkopf agrees. During the marks.) Mr. Speaker, it is a gross injustice Gulf War, he never issued such a man- Mr. HAYES. Mr. Speaker, I thank that it took unspeakable tragedies in date. Male servicemembers are not re- the gentlewoman for yielding time to September to focus the public eye on quired to wear the abaya, grow beards, me. the need for a more robust defense or embrace any Islamic religious be- Mr. Speaker, today I rise strongly in budget. I feel the legislation in front of liefs in this way, so neither should the support of the rule that would allow for us today takes the first step, and the women. consideration of H.R. 4546, the Bob rule provides for consideration and is Forcing our female troops to wear Stump National Defense Authorization fair and effective. We are establishing a the abaya has a negative impact on our Act for 2003. clear and strong course to rebuild our recruitment and diminishes morale, The tragic events of September 11, Nation’s defenses. unit cohesion, and the chain of com- 2001, have thrust our Nation’s military I urge my colleagues to send a mes- mand headed by female into the spotlight, and called to duty sage loud and clear to our soldiers, servicemembers. Most of all, it is not the brave men and women of the U.S. sailors, airmen, and Marines that we necessary. As I said, the Saudi govern- Armed Forces. Once again, U.S. citi- will strongly support them and give ment does not require non-Muslim zens are rallying behind them in strong them the resources necessary to per- women to wear the abaya. I urge my colleagues to oppose the support of the harrowing mission they form the mission. have been called upon to perform, and rule. Mr. Speaker, before I close, I would Mrs. MYRICK. Mr. Speaker, I yield today the U.S. Congress has the duty also like to pay tribute to my friend myself such time as I may consume. to pass this important legislation that and colleague, the chairman of the I just wanted to issue a point of clari- will help provide the necessary re- Committee on Armed Services, the fication. It is my understanding that a sources for these brave men and women gentleman from Arizona (Mr. STUMP). Federal lawsuit has been filed on this to do their job. He has served honorably, courageously, issue, because I also support that. It is Where were the Members on Sep- and effectively. He will be sorely very inappropriate for Congress to get tember 11? I was in the Pentagon at missed. He personifies national secu- involved in this in the middle of the 8:47 a.m. discussing the defense bill rity by his service in our military and lawsuit. with Secretary of Defense. My question in our Congress. Mr. Speaker, I yield 31⁄2 minutes to to him that morning was, when will I say to the gentleman from Arizona the gentleman from Pennsylvania (Mr. people realize that national security is (Mr. STUMP), best wishes and Godspeed. WELDON). our number one priority? His answer When it comes to defending our coun- (Mr. WELDON of Pennsylvania asked was to agree and say that it would take try, our families, and our freedom, and was given permission to revise and a major incident for this to happen. there is no higher priority than na- extend his remarks.) That was 8:47 a.m. on September 11. tional security. To this end, I think the Mr. WELDON of Pennsylvania. Mr. Mr. Speaker, this rule and the under- Marine Corps says it best: We must al- Speaker, I thank the gentlewoman for lying legislation first and foremost ways be faithful; Semper Fi. yielding time to me. I thank our col- take care of the most vital asset in our I urge my colleagues to vote in favor leagues for working on what I think is military: our people. It provides every of the rule for national security and in a good, bipartisan defense bill. servicemember with a 4.1 percent pay favor of H.R. 4546, the Bob Stump Na- As my colleagues know, I voted increase. It also begins a transition tional Defense Authorization Act for against the President’s budget on the program to fully fund concurrent re- fiscal year 2003. Semper Fi. House floor because I was not satisfied ceipt of veterans’ disability and retire- Mr. FROST. Mr. Speaker, I yield 2 with the level of defense spending be- ment pay. It increases housing allow- minutes to the gentleman from Rhode cause of our inability to meet our re- ances and boosts special pay while ex- Island (Mr. LANGEVIN). source needs. tending enlistment and reenlistment Mr. LANGEVIN. Mr. Speaker, I rise I give total credit to the chairman, bonuses. in strong opposition to this rule. The the gentleman from Arizona (Mr. The defense authorization bill in- Committee on Rules has denied the STUMP), and the gentleman from Mis- creases our manpower by nearly 1 per- House the opportunity to eliminate the souri (Mr. SKELTON) for working to- cent, the largest single increase since demeaning practice of making only gether to get us a portion of that $10 1986. It builds upon our work last year American servicewomen stationed in billion to help with the modernization and continues to reverse the decline of Saudi Arabia wear an abaya, a reli- problems we have. military readiness by funding key oper- gious garment of faith most of them do The fact is, we took a holiday in the ations, maintenance, and training ac- not follow. These women are on the nineties and we are paying for it today. counts. front lines risking their lives fighting If we look at the shipbuilding account, This financial support devoted to our to protect our freedom and democracy which the gentleman from Mississippi national security is long in coming. I and to defend Saudi Arabia itself. (Mr. TAYLOR) has been fighting for, we am proud to say that as a member of The Langevin-Hostettler amendment are building down to a 235-ship Navy the Committee on Armed Services, this should have been ruled in order. with our current funding level. The av- legislation will enable our men and Women make first-class soldiers and erage age of our tactical fighters is 17

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.026 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2251 years old. That B–52 bomber will be 7 every piece of property to be built up Two weeks ago the Department of Defense years old before it is retired. We have so the endangered species had no place (DoD) sent a legislative proposal to the Com- cut back across the board and now we to go except for our military base? And mittee on Armed Services seeking broad ex- are trying to play catch-up, and it is now to come back and say somehow emptions from six of our Nation’s most impor- impossible. This bill makes a good the military has to bear the brunt is tant environmental laws—the Clean Air Act, downpayment in trying to reverse that, absolutely outrageous. Yet, that is the Superfund, the Resource Conservation and but it is not enough. fact today. Recovery Act, the Migratory Bird Treaty Act, I want to respond to one of the issues I encourage my colleagues to vote for the Marine Mammal Protection Act, and the raised by my colleagues on the envi- the rule and to vote for final passage. Endangered Species Act. ronment. I will take a back seat to no Again, I commend my leaders for the Armed Services ultimately did not seek to one on environmental votes. I have great job they did with this legislation. undo the important environmental provisions been a green Republican, voting and Mr. FROST. Mr. Speaker, I yield 2 contained in four of the six laws. Unfortu- endorsing and cosponsoring the Clean minutes to the gentleman from Michi- nately, the Migratory Bird Act and the Endan- Air Act, clean water, endangered spe- gan (Mr. DINGELL). gered species Act did not fare so well. Mr. Ra- cies, wetlands protection. I serve on (Mr. DINGELLl asked and was given hall and I, with several of our colleagues, of- the Migratory Bird Commission. I permission to revise and extend his re- fered an amendment to strike those broad and voted against the environmental rid- marks.) unwarranted exemptions. But the Republican ers. Mr. DINGELL. Mr. Speaker, I rise in leadership will not allow a vote today to undo This bill does not gut our environ- opposition to the rule and I rise in op- the damage. That is why I ask my colleagues mental laws. There is a need for us to position to the previous question. to defeat the previous question. Mr. Speaker, this is a fine example of make sure that our military is prop- We absolutely support the need to maintain high-handed arrogance by the Repub- erly trained. At Camp Pendleton in military readiness in the interests of national lican leadership and the Committee on California, the number one training security. That is why when we wrote the laws Rules. What is wrong with having a site for our Marines’ amphibious force, we inserted specific provisions to ensure there vote to address the problems which they come off of the ships, the landing was no conflict between protecting our na- exist with regard to a piece of legisla- craft, and they have to board buses to tional security and complying with our environ- tion which does not permit the House go across an area where some endan- mental laws. to require the regular order and to see This is the case with the Migratory Bird gered species are. Then they come back to it we have a chance to discuss all of on the ground and do their training. Treaty Act of 1981, one of our oldest con- the questions which relate to impor- servation statutes. The Secretary of Interior These are the same people that we ask tant environmental matters? to risk their lives. has the authority to determine the cir- I have been dealing with the military cumstances under which migratory birds can What we are saying in this bill is we for years. They constantly seek to get need to have some rifle-shot provisions be taken, killed or possessed and issue regu- out from under environmental laws; lations permitting such activities. The United to let this training take place. This is and the military bases in this Nation not about any rollback; this is not States has fought in two World Wars, the Ko- are some of the most skunked up, de- rean War, Vietnam, and the Persian Gulf War about going back to the 1930s. This is filed, and dirty places, contaminated about a very commonsense, bipartisan with the 1918 Act in place. I fail to see why with hazardous waste, radioactivity our current war against terrorism would now approach to let our military and our and other things. soldiers, sailors, corpsmen, and Ma- call for its elimination. They seek yet another opportunity The members of this body should also be rines be equated to a snail darter. Is a to escape the requirements of law that aware of the ridiculous arguments that the snail darter’s life more important than say we are all going to together protect DoD is making in court to support its efforts to the soldier? our environment against the kind of exempt itself. The whole issue of migratory birds, high-handed arrogance that the mili- In the FDM case, DoD claimed: cut me a break. Maybe we should buy tary engages in. . . . plaintiffs have suffered insufficient in- a duck stamp and put it on our planes, There is provision in each of the laws jury because the more birds that the defend- because for a $15 duck stamp we are le- which were challenged originally to ants (DoD) kill, the more enjoyment Mr. gally allowed to kill birds; but yet we permit the military to seek relief and Frew (a plaintiff) will get from seeing the are saying we should not have an ex- to get it. And there is a regular process ones that remain: ‘‘bird watchers get more emption so our military can properly around here which would permit the enjoyment spotting a rare bird than they do train. military to have the ordinary hearings spotting a common one.’’ Those who say that somehow this bill and find out what relief they need. Let me also quote Judge Sullivan’s finding is rolling back environmental laws in No action of that kind was taken in with respect to DoD’s argument (on page 17 this country are grossly misinformed. I the committees of jurisdiction; and the of his opinion): invite them to work with us. We are Committee on Armed Services, with its Suffice it to say, there is absolutely no sup- not about hurting the environment. If usual arrogance, saw to it that there port in the law for the view that environ- we look at the Navy’s research budget, was no opportunity for the environ- mentalists should get enjoyment out of the destruction of natural resources because more money is spent on oceanographic mentalists to be heard, no opportunity that destruction makes the remaining re- research by the Navy than any Federal for Members to be heard, no oppor- sources more scarce and therefore valuable. agency in this country. Every oceano- tunity to complete a record to justify The Court hopes that the federal government graphic research school, Scripps, whether or not this is appropriate. will refrain from making or adopting such Woods Hole, gets all or a bulk of their Clearly, when they are behaving in frivolous arguments in the future. money from naval research accounts. this kind of a sneaky and dishonest With regard to the Endangered Species Act We are trying to do the right thing. fashion, it is quite appropriate for the (ESA), the military again seeks to have ex- We are also trying to protect our House to give them a rap on the knuck- emptions for which no other Federal Agencies troops. We are also trying to give some les and say, we think you ought to are eligible. ESA requires that land where relief so our military personnel can be allow this matter to be debated. We threatened or endangered species live be des- properly trained and equipped when think you at least ought to give an op- ignated critical habitat. The military does not they are called upon to protect Amer- portunity for an amendment to be con- want to comply with this law like every other ica. sidered to strike this. federal agency and every other American cit- Mr. Speaker, it really boggles my They seek an exemption from the Mi- izen does. As the author of ESA, I can assure mind. When I took a delegation out to gratory Bird Act. I would note that you that exemptions are available for reasons California and we flew by helicopter this Nation has fought World War I, of national security. In fact, Section 7 of ESA along the coast, the only open area left World War II, and a number of other allows agencies to get waivers from the Fish along California’s coast was Camp Pen- wars with that law on the books, and a and Wildlife Service. Ironically, the Pentagon dleton. Where were the State officials? number of police and military actions wants a blanket waiver even though they have Where were the county commissioners? with the others. I say vote down the never sought a Section 7 exemption. I used to be a county commissioner in rule and vote down the previous ques- Needless to say, DoD proposals have gone local zoning and planning, to allow tion. through a most curious legislative process so

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\K09MY7.028 pfrm15 PsN: H09PT1 H2252 CONGRESSIONAL RECORD — HOUSE May 9, 2002 far. The relevant Committees with expertise losers and he will award the winners in field. And for probably the first time in have been bypassed. No hearings have been missile defense, those systems that our history, every American commu- held on these significant exemptions. And now work. And so we are on a pretty good nity is a potential target for our we don’t have a chance to vote on the House track there. enemy. And I think it is important Floor. Lastly, we do some good stuff for our that as the urgency we all felt from A stealth process has been employed to cir- people, and our people in this ongoing September 11 begins to fade away and cumvent the Committee of jurisdiction, to deny war, this conflict we are fighting right we have a drift, perhaps, back towards the public the opportunity to testify, and to un- now, have proven to be, as usual, our complacency, that we remember that dermine two of our most important environ- greatest assets. We have the 4.1 percent our enemy in this situation is very mental laws. Defeat the previous question so pay raise. We have more targeted to dangerous, indeed. Their aim is to kill we have the opportunity to reverse this envi- certain areas where we need a little as many Americans as they possibly ronmental outrage. more help, but all in all we do a pretty can. good job for our people. So people, b 1200 Mr. Speaker, the President gave an modernization, the ability to defend important speech I believe at the Cita- Mrs. MYRICK. Mr. Speaker, I yield 3 against incoming ballistic missiles, del last December when he said, ‘‘The minutes to the gentleman from Cali- and some good money on some new great threat to civilization is that a fornia (Mr. HUNTER). technology in the future with R&D is few evil men will multiply their mur- Mr. HUNTER. Mr. Speaker, I thank in this package. Please support this der and gaining the means to kill on a the gentlewoman for yielding me time. package. It is the right thing. And scale equal to their hatred.’’ I think it is clear now that as we enter every Member should remember as we Mr. Speaker, I think that has pro- this new century that we entered with vote this bill today, we are in a war found implications for us. We have such great optimism a few months ago right now. We need to get the tools faced evil in the world before. We have that this century is going to be as dan- that our military needs, that the Presi- faced an evil system with the means to gerous as the last one in which we lost dent needs to carry out this mission. destroy us before during the Cold War. 619,000 Americans killed in battlefields Please vote this bill up, vote the rule But never before have we faced a situa- around the world. and vote the bill. tion where a few evil men could gain Going into this new century, it is Mr. FROST. Mr. Speaker, I yield 1 the means to kill on a scale equal to more important than ever that we de- minute to the gentleman from Massa- their hatred. And I think that as a velop what I would call broad military chusetts (Mr. FRANK). backdrop to everything that we are capability. And that means that we, Mr. FRANK. Mr. Speaker, this bill il- considering, whether it is pay and ben- and I think Democrats and Republicans lustrates an apparent Republican prin- efits, whether it is certain particular ciple, namely, that there should be an on the Committee on Armed Services weapons systems we ought to buy, inverse relationship between one’s understood and marked up a bill, that whether it is a defense policy regarding commitment to practicing democracy toward those ends that we must have some issues or other issue or other, we at home and exporting it abroad. We the ability to deter and, if necessary, ought to keep this context in mind and are doing a great deal to try and ad- to fight a number of different types of the dangers that we face. conflicts. That means that we have to vance democracy overseas, but here we In addition to the war on terrorism, are engaging in a travesty of demo- be able to stop a conventional armored we have very serious tension in the cratic debate being shut down. attack like the one that was launched Middle East. We have continuing ten- by Saddam Hussein in the Gulf War. We will have spent today in this Chamber more time honoring the sion between India and Pakistan, two We have to be able to handle a guerilla nuclear powers. We continue to have warfare operation. Obviously we have former Members than we will have in debating any single aspect of military difficulties and issues with North to be able to handle a terrorist and to Korea. Of course, China and Russia are deal a blow to those who would strike policy. Now, former Members are won- derful. Many of us some day hope to be of concern. And that is the inter- us on our homeland. We have to stop national situation in which we find this new threat, this emerging threat former Members, but to put that ahead of debating environmental policy, nu- ourselves. of incoming ballistic missiles, the first This bill, I believe, will help make us of which killed our troops in the Gulf clear policy level of spending makes no sense. A number of very important stronger. It takes some important War almost a decade ago, in fact, more issues have been, by the Republican steps towards defining the Department than a decade ago. So we have to have leadership, excluded from today’s de- of Defense’s role in protecting our broad military capability. We cannot bate. Why? We were scheduled to meet homeland security. It takes some im- have a specialty military like a lot of tomorrow, but Members have now ap- portant steps towards transforming our our allies have. That means we have to parently been told that we should put military so that we are ready to face spend money. aside any further debate on these the challenges of the future, not I think, frankly, the chairman of the issues. A free day tomorrow is more refight the wars of the past. Things Subcommittee on Military Procure- important than thorough debate today. like joint training and experimen- ment of the Committee on Armed Serv- The notion that you take this enor- tation are talked about here. But, Mr. ices, the gentleman from Pennsylvania mous chunk of the budget, all of these Speaker, I think more important than (Mr. WELDON), did correctly state that important issues, and cram them into any of these particulars is the neces- we are behind the curve in terms of one part of the day, is a travesty of de- sity for this House to take this with all modernization. If we replaced all the mocracy unworthy of the people’s the seriousness which the international tanks, trucks, ships and planes on a House. situation demands. steady-state basis that are now aging, Mrs. MYRICK. Mr. Speaker, I yield 3 Mr. FROST. Mr. Speaker, I yield 3 we would be spending an additional $30 minutes to the gentleman from Texas minutes to the gentleman from South billion a year on national security. We (Mr. THORNBERRY). Carolina (Mr. SPRATT). have turned the corner. We have made Mr. THORNBERRY. Mr. Speaker, I (Mr. SPRATT asked and was given the down payment. We are expensing thank the gentlewoman for yielding me permission to revise and extend his re- about $71.8 billion this year, although time. marks.) we have a baseline of about 90 that we Mr. Speaker, I think it may be appro- Mr. SPRATT. Mr. Speaker, I have should be achieving. priate at this stage to say a few words served in the House for 20 years and for Now we should also perhaps be spend- about the context in which we are con- 20 years I have served on the House ing a little bit more money on missile sidering this defense authorization bill Committee on Armed Services. I speak defense, in my estimation. But we do this year, for it is truly different than from experience and mince no words have a pretty good tranche of money in the context, the environment, the when I say this rule is an outrage, there. We have a good guy, General international situation in which we nothing less than that. In the 1980s Kadish, who is working this program, have considered it in previous years. when I also served here, we had an- who will be accountable to this Con- The United States is currently en- other enormous buildup in our national gress, who is going to throw out the gaged in a war. We have troops in the defense. And every year when we came

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.006 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2253 to the floor with this defense author- have an opportunity to register opposi- ness following that ceremony is a rule ization bill, we would have 100 to 200 tion. We will be a full partner in what on defense authorization that con- amendments filed to the Committee on I think is a fundamentally serious deci- tinues the march of marginalization of Rules, and we bent over backwards to sion. That amendment was not made in this Chamber. There is, Mr. Speaker, a make most of them in order. We had a order. This is a rigged rule. It shuts out national debate raging about defense full, fair and free debate in the well of debate. It makes a mockery of the Con- policy in this country. It is healthy, it this House. It was a free market idea, stitution. Vote against the previous is appropriate, and we all have strong but it is no more. question, vote against the rule. feelings about it, their concern about We lived in those days up to article 1, Mrs. MYRICK. Mr. Speaker, I yield the nature, extent and direction of na- clause 8, the solemn responsibility the myself such time as I may consume. tional defense, but not on the floor of Constitution gives us. We gave these Just a point of clarification, Mr. this Chamber. issues serious consideration. The con- Speaker. There is a Tauscher amend- I have offered an amendment, for in- sideration they merit. ment that is allowed and there were 10 stance, to strike funding for the Cru- We had another tradition that some- Democrat amendments, 3 bipartisan, sader. Along with the gentleman from how has been lost in the last 5 or 6 and 12 Republican. Texas (Mr. THORNBERRY) and the Sec- years. Senior members of the com- Mr. Speaker, I yield 2 minutes to the retary of Defense, we have deep con- mittee with experience were given def- gentlewoman from Virginia (Mrs. JO cerns about this. I would hope that we erence on the Committee on Rules. If ANN DAVIS). spend this money cleaning up the thou- we brought amendments to be consid- Mrs. JO ANN DAVIS of Virginia. Mr. sands of sites across the country that ered, the Committee on Rules would Speaker, I rise today in support of the are polluted with military toxics and give some weight to the fact that we rule and to draw attention to a part of unexploded ordinance which killed two had some experience on the committee. H.R. 4546 that is critical in helping to of our servicemen in this country a few I brought four rules. I did not abuse protect the environment and keeping weeks ago. But, no, due to this rule and the privilege. I brought four amend- America’s commitment to care for our the management of this piece of legis- ments to the Committee on Rules yes- Nation’s reserve fleets, also known as lation, we are going to remain silent. I terday and asked that they be made in the Ghost Fleet, located in the James think that is sad, Mr. Speaker. I expect order. One was an amendment that was River. better from this Chamber. made at the behest of the Department MARAD is mandated to dispose of all 1215 of Defense. Another one was an amend- national defense reserve fleet ships by b ment that was made in order because September 30, 2006. The authorization Mrs. MYRICK. Mr. Speaker, I reserve also another amendment, a second relating to ship disposal and scrapping the balance of my time. order amendment, was made in order for the Maritime Administration is of Mr. FROST. Mr. Speaker, I yield 1 that would change it to the liking of critical importance. I am happy to re- minute to the gentleman from Oregon the gentleman from California (Mr. port that the merchant marine panel, (Mr. DEFAZIO). HUNTER). I will support that amend- with my strong support, just author- Mr. DEFAZIO. Mr. Speaker, accord- ment, but that really makes it his ized 20 million to more quickly dispose ing to the GAO and Secretary Rums- rather than mine. of surplus vessels that cause serious feld, the Pentagon cannot account for The two other amendments that I potential danger to our environment. I $1 trillion, T-trillion, of expenditure sought were important amendments. would like to see more dollars allo- and acquisition costs over the last dec- Neither was made in order. Now they cated to this national priority, but ade, a bookkeeping shambles that made in order amendments for non- after zero dollars in fiscal year 2002, I makes Arthur Andersen and Enron committee members. But when the believe this funding puts us back on look somewhat respectable. gentleman from Maine (Mr. ALLEN), track to rid our fleet of these aging So what is the response in this who is a member of the committee, ships. United States House of Representa- asked for an amendment, he was Additionally, this measure also al- tives, the people’s House, in consid- stiffed. The gentlewoman from Cali- lows for financial assistance to envi- ering this bill for 1 year, $43 billion in- fornia (Mrs. TAUSCHER) was stiffed. I ronmentally mitigate and reef these crease for a budget that will total more was stiffed. Noncommittee members same vessels. We must begin to think than $400 billion? Hear no evil, see no who offered amendments that they out of the box to solve this looming evil and speak no evil. thought might be ‘‘got you’’ amend- problem. Cleaning, then reefing, these No amendment to question any Pen- ments, they went ahead and made in ships will create cost savings and will tagon program, no matter how behind order, but not ours which were seri- allow us to scrap them more rapidly. schedule, overbudget or unneeded, will ously considered and we wanted an We have to work toward the September be allowed. It is an expensive debate, open and free debate on those issues. 30, 2006 deadline and to encourage ade- $833 million a minute, but not exten- One was nuclear testing. quate funding this year to get the job sive in examining the priorities, waste I sense a slow, subtle about-face in done. and abuse at the Pentagon. our policy of moving away from nu- Mr. Speaker, I would like to thank I hoped to offer a number of amend- clear weapons, particularly tactical our distinguished Committee on Armed ments for troubled programs, particu- nuclear weapons, particularly early to Services chairman, the gentleman from larly one on the $12 billion Cold War- use nuclear weapons towards nuclear Arizona (Mr. STUMP), and especially era artillery system Crusader that Sec- weapons and even a resumption of nu- thank the gentleman from California retary Rumsfeld says is not needed and clear testing. That may be the right (Mr. HUNTER) of the maritime marine he wants to kill, but it will not be al- policy. It may be the wrong policy. In panel for his work on this matter. I say lowed nor will an amendment on the F– any event, it is a serious policy issue. thank you, Mr. Speaker. I support the 22, the Comanche. As we make this move subtly, we rule and I ask all of my colleagues to Stifling debate does not constitute should have a full, free, fair and open support this authorization. national security readiness for this debate. And all I wanted to say was, Mr. FROST. Mr. Speaker, I yield 1 country. I believe it does a disservice Mr. President, by virtue of this act, we minute to the gentleman from Oregon to the people in uniform, those who go ask you solemnly for 12 months notice (Mr. BLUMENAUER). without necessities while we put on before you make the decision to re- Mr. BLUMENAUER. Mr. Speaker, I pedestals gold-plated turkeys. sume nuclear testing. thank the gentleman from Texas (Mr. Mr. FROST. Mr. Speaker, I yield 2 As a matter of fact, it will not im- FROST) for yielding me time and for his minutes to the gentleman from Mis- pede in any way the resumption of nu- courtesy. sissippi (Mr. SHOWS). clear testing. DOE says it will take Mr. Speaker, I stood on the floor ear- Mr. SHOWS. Mr. Speaker, I thank them today 24 to 36 months. But it lier this morning and heard our distin- the gentleman from Texas (Mr. FROST) would allow us 1 authorization appro- guished Republican leader extol the in- for yielding me the time. priations cycle before that solemn de- stitution of this House to the former Mr. Speaker, I rise in opposition to cision was finally taken. We would Members. Then our first order of busi- the rule governing the debate on the

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.033 pfrm15 PsN: H09PT1 H2254 CONGRESSIONAL RECORD — HOUSE May 9, 2002 National Defense Authorization Act. gan (Mr. DINGELL), and eight of our col- In our view, the House should not be stam- No one in this Chamber is a stronger leagues, we filed an amendment to peded into gutting key environmental laws advocate for the military than I am, strike the unwise exemptions to the based on illusory and inconclusive allega- tions by DoD. It defies logic that suddenly and I intend to vote for final passage of Migratory Bird Treaty Act and the En- we should surrender to demands for new the defense bill; but the rule prevents dangered Species Act, which have been statutory exemptions so that the environ- us from having an honest debate of two attached to this important bill. Unfor- ment no longer matters to our largest and amendments that were offered by my- tunately, the Committee on Rules did most powerful federal agency. self and the gentleman from Mis- make our amendment in order, even As longstanding proponents of these crit- sissippi (Mr. TAYLOR). though I am the ranking member of ical environmental laws, we urge you to vote First, the defense bill includes a re- the Committee on Resources, whose ju- ‘‘no’’ on the previous question on the rule on H.R. 4546. quirement for a GAO report on the cur- risdiction has been abused by this bill. Sincerely, rent state of health care under This rule adds insult to injury. Not NICK J. RAHALL III, TRICARE. Mr. Speaker, if we have an- only has Resources been excluded from Ranking Democratic other study on health care for our mili- the process, but meaningful public Member, Committee tary retirees, we will not have any left. hearings have not been held on these on Resources. Too often retirees cannot get timely important issues. Members will be de- JOHN D. DINGELL, health care at military bases because nied a fair opportunity to debate and Ranking Democratic TRICARE’s space-available provisions vote on these important issues under Member, Committee Energy and Com- send them to the end of the line. Other the rule in its present form, but if we merce. retirees who do not live near bases defeat the previous question, the MIGRATORY BIRD TREATY ACT (MBTA) [SECTION have difficulty in finding private doc- amendment to strike these objection- 311 OF H.R. 4546] tors who will accept TRICARE, and the able anti-environmental exemptions The MBTA of 1918, one of our Nation’s old- system often requires our sick and el- may be offered. est and most enduring conservation statutes, derly to travel long distances to mili- We should not sanction this bill’s sets forth U.S. obligations under the Conven- tary doctors and bases. sneak attack on our environmental tion for the Protection of Migratory Birds My amendment would have replaced laws. This is not a fair rule, and I ask with Canada. It also provides implementing the GAO study with real health care al- Members to defeat the previous ques- authority for subsequent Conventions with Mexico (1936), Japan (1972) and Russia (1976) ternatives by inserting the text of H.R. tion. which guide the cooperative conservation 179, Keep Our Promise to America’s STRIKE THE ANTI-ENVIRONMENTAL RIDERS ON management of North America’s migratory Military Retirees Act. It would en- DOD AUTHORIZATION VOTE TO DEFEAT THE birds. hance the ability to participate in the PREVIOUS QUESTION ON THE RULE H.R. 4546 would unilaterally exempt mili- same health care system that Federal DEAR COLLEAGUE: We urge you to vote to tary readiness activities from MBTA re- and congressional retirees can elect. defeat the previous question on the rule for quirements. This would compromise U.S. international treaty obligations and could My amendment is fair and does not cre- the Bob Stump National Defense Authoriza- tion Act for FY 2003 (H.R. 4546) so that establish a negative precedent for other sig- ate another bureaucracy. H.R. 179 has amendments may be offered to strike anti- natory nations to exempt their own activi- 317 cosponsors in this House, including environmental riders. This legislation— ties from such obligations or consider other most of the Members on the Committee while important to our national security and forms of retaliation. on Rules, but the Committee on Rules military preparedness—has been misused as This bill would grant the military an un- will not let us debate it. a vehicle to bypass committee jurisdiction precedented, far less-restricted self-regu- The Committee on Rules has also and public process in order to create unprec- latory authority. No federal agency or state edented and unwarranted exemptions to key has such an authority. struck down the gentleman from Mis- H.R. 4546 would negatively affect migra- environmental laws. sissippi’s (Mr. TAYLOR) amendment to We would clearly have preferred that Mem- tory bird management. Removing military put off another round of base closures. bers have the opportunity to vote directly to readiness and training activities from com- This is no time to be shutting down our remove the harmful environmental provi- pliance with the MBTA would likely increase unreported incidental mortalities. Migratory military bases when we are engaged in sions from H.R. 4546. But the Committee on bird population estimates might become far Rules has refused to give Members that war. When we have shut down bases in less accurate, the listing of endangered spe- choice. Our amendment, which was cospon- the past, we have also shut down mili- cies could increase, and regulated hunting sored by eight of our colleagues, would have tary health care for our Mississippians seasons could be delayed or made more re- and all over the country. Thousands of strategically stricken both section 311 and strictive. section 312, which unwisely exempt DoD A legislative ‘‘fix’’ is premature and unnec- active and retired families who depend from compliance with the Migratory Bird on the Meridian Naval Air Station and essary. Section 3 of the MBTA provides Treaty Act and the Endangered Species Act, broad authority to the Secretary of the Inte- Columbus Air Force Base, among oth- respectively. Moreover, sweeping changes to rior to determine when the incidental ‘‘tak- ers, for their health care, these and these laws are unnecessary: Section 7 of the ing’’ of migratory birds is compatible and to many other facilities could face clo- ESA specifically provides for a national se- develop regulations within the law’s context. sures; but the Committee on Rules will curity exemption (which DoD has never in- In fact, the Fish and Wildlife Service and De- not even let us talk about it. voked) and DoD and the U.S. Fish and Wild- partment of defense are close to finalizing a Mr. Speaker, we need to debate these life Service are close to finalizing an admin- Memorandum of Agreement establishing an issues today, but the rule does not istrative agreement to resolve Migratory administrative process to resolve migratory Bird Treaty Act disputes. allow it. So I urge my colleagues to bird disputes. In effect, proponents of these anti-environ- The U.S. has fought in two World War, the vote ‘‘no’’ on this rule. Tell the Com- mental riders seek to accomplish through Korean War, Vietnam, and the Persian Gulf mittee on Rules that military health the back door of the Armed Services Com- War with the MBTA in place. Since 1916 only care is an essential component of na- mittee and a closed rule what they could not one modification of this magnitude occurred tional defense. through the front door of open public hear- (1997) and that was only after 20 years of ne- Mr. FROST. Mr. Speaker, I yield 1 ings and careful consideration in the regular gotiation. minute to the gentleman from West legislative process. While we fully appreciate ENDANGERED SPECIES ACT (ESA) [SECTION 312 OF the importance of military training and Virginia (Mr. RAHALL). H.R. 4546] readiness, we also do not think that DoD, in The ESA requires, with limited exceptions, (Mr. RAHALL asked and was given the very limited public process to date, has permission to revise and extend his re- the designation of critical habitat for all en- made the case that exemptions to important dangered or threatened species. Federal marks and include extraneous mate- and long-standing environmental laws are agencies are required to consult with the rial.) necessary or that training is greatly im- U.S. Fish and Wildlife Service (USFWS) Mr. RAHALL. Mr. Speaker, I do rise paired because of those laws. under section 7 in order to avoid actions that in opposition to the rule in its present In fact, GAO—in a soon to be a released re- destroy or adversely modify critical habitat. form and urge Members to vote to de- port—will inform Congress that readiness H.R. 4546 would exclude military lands data provided by the military does not indi- from critical habitat designation under the feat the previous question so that cate that environmental laws or other ‘‘en- amendments to strike anti-environ- ESA, if an Integrated Natural Resources croachment’’ by urbanization has signifi- Plan (INRMP) has been developed. mental riders may be offered. cantly affected training readiness. To the Blanket legislative exemptions are not Along with the distinguished dean of contrary, DoD continues to report high lev- needed. Section 7 of the ESA already pro- the House, the gentleman from Michi- els of training readiness at almost all units. vides an exemption for any agency action for

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.035 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2255 reasons of national security. According to Mr. FROST. Mr. Speaker, how much going to close, the bases in the gentle- the USFWS, the Secretary of defense has time is remaining? woman from Ohio’s (Ms. PRYCE) State never sought a section 7 exemption. The SPEAKER pro tempore (Mr. are going to close, whether or not the Critical habitat designation has also been precluded pursuant to ESA,. when concerns LATOURETTE). The gentleman from bases in Georgia, where the gentleman about the impacts on military training ac- Texas (Mr. FROST) has 3 minutes re- from Georgia (Mr. LINDER) who is on tivities were raised. maining, and the gentlewoman from the Committee on Rules, are going to It is the critical practice of the USFWS to North Carolina (Mrs. MYRICK) has 21⁄2 close, decide whether or not the gen- consider excluding areas covered by INRMPs minutes remaining. tleman from Florida’s (Mr. GOSS) and from critical habitat designation if certain Mr. FROST. Mr. Speaker, I yield 21⁄2 the gentleman from Florida’s (Mr. conservation criteria are met. Contrary to minutes to the gentleman from Mis- DIAZ-BALART) bases in Florida will DoD assertions, the Clinton Administration did not determine that installations with sissippi (Mr. TAYLOR). close, decide whether or not the bases INRMPs were automatically excluded from Mr. TAYLOR of Mississippi. Mr. again that every single Member of this critical habitat designation. Speaker, the President’s budget is a re- body represents, whether or not they H.R. 4546 would require the USFWS to sub- quest for $98 million of the American are going to close. stitute an INRMP for critical habitat if taxpayers’ dollars to defend a pipeline Base closure has not saved the tax- ‘‘such plan addresses special management in Colombia owned by Occidental Pe- payers of the United States one penny. considerations or protections’’ with no fur- troleum through which Colombia Na- It has not purchased one weapons sys- ther explanation or definition of this stand- tem; and to make matters worse, we ard. tional Oil Company oil flows. They had INRMPs do not provide the same level of record profits last year, but the Colom- are now looking at spending money to protection as critical habitat designations. bia National Oil Company wants the replace the bases that we closed 3 years The ESA has been in place since 1973. Our American taxpayer to pay to defend it. ago because the military realized they military maintained its readiness through- What is worse than that is the Presi- made a terrible mistake in closing out the Cold War and trained for and exe- dent is now trying to change the rules bases like Cecil Field in Florida. As we cuted Operation Desert Storm in 1991 during that limit American involvement in are about to put the Joint Strike the Persian Gulf War with current laws in Fighter out in the field, we have now place. Colombia to less than 500 troops so that American troops, the sons and got to go out and buy property to re- Mr. FROST. Mr. Speaker, I yield 2 place the bases that we closed just a minutes to the gentleman from Maine daughters of Mississippi, of Georgia, of Alabama can go defend a pipeline that few years ago. (Mr. ALLEN). the Colombians themselves will not de- Mr. FROST. Mr. Speaker, I yield my- Mr. ALLEN. Mr. Speaker, the House self such time as I may consume. Committee on Armed Services does so fend. While the Colombians have cut their defense budget and made it easier I urge Members to defeat the pre- much of its work on a bipartisan basis, vious question. If the previous question but this rule is an outrage. The Repub- to avoid military service there, they are working with our State Depart- is defeated, I will offer an amendment lican leadership has allowed what will to the rule which will allow the House probably be about a dozen amendments ment to get American kids to go fight their war for them. to consider a number of important not considered en bloc to a defense bill amendments which Democratic Mem- authorizing $393 billion. I think this House ought to vote on that. I think we ought to have a cap on bers proposed to this bill. In the past, under Democratic leader- Mr. FROST. Mr. Speaker, I yield the the number of troops that serve in Co- ship, dozens of amendments over sev- remaining time to the gentleman from lombia; and if the President wants to eral days was the rule. Why so little Missouri (Mr. GEPHARDT), the Demo- make the case for American kids to die debate permitted? So Members can go cratic leader. home tonight and not have to vote on in Colombia, let him come forward, and (Mr. GEPHARDT asked and was Friday and not have to deal with con- then let this House vote on it. given permission to revise and extend troversial matters. Why so few amend- Number two, we are at war. Do my his remarks.) ments? So the American people will colleagues not think it would make Mr. GEPHARDT. Mr. Speaker, I rise not hear what Democrats have to say. sense not to close bases while we are at in strong opposition to this rule. Make The House Republicans are squeezing war? Do my colleagues not think it no mistake about it, Democrats are in the life out of democratic debate in the makes sense not to close commissaries strong support of providing much-need- people’s House. They have blocked and hospitals that our military retir- ed and deserved resources for our men amendments to prevent exempting the ees, who half of which live near a base, and women in uniform in a time of war; Defense Department from our environ- close them while these people are in and we stand with the President in the mental laws. They rejected my amend- their senior years? Do my colleagues war against terrorism, which this legis- ment to stop the development of a pro- not think it makes sense not to have lation will allow us to wage more effec- posal to use nuclear weapons to blow every single person who works for the tively in the year ahead. up missiles above American cities, a Department of Defense wondering There are a number of very impor- really dumb idea. whether or not they have a job tomor- tant issues that deserve and need to be They barred amendments by the gen- row? debated as we move our military into a tlewoman from California (Mrs. I have asked the Republican Congress new era. Republicans are using this bill TAUSCHER) and the gentleman from for a vote to kill base closure because to undermine the Endangered Species South Carolina (Mr. SPRATT) that base closure has not saved one dime. Act, the Migratory Bird Treaty, and would have led to a longer floor debate We have not purchased one weapons the Wilderness Act. They refuse to ac- over the emerging Republican plans to systems with money from the base clo- cept input from the States, local com- develop and use on a first-strike basis sures. We have given away the prop- munities, environmentalists, even the new tactical nuclear weapons. erties; and better than that, we spent committee of jurisdiction over these They blocked debate over aid to Co- $13 billion in taxpayers’ money to clean environmental issues, the Committee lombia and base closings. When Repub- up bases that used to be good for sol- on Resources, before action was taken licans change our defense policies, diers, but then we had to pay to clean on this bill. They are eroding environ- change our environmental policies, them up before we gave them away to mental protections in a way that is change our nuclear policies without a the local communities. completely inappropriate and unneces- full and fair debate, this country loses. I urge my colleagues to vote against sary. Democrats and Republicans stand this rule so we can have an up or down There are also critical nuclear poli- shoulder to shoulder in the war on ter- vote as to whether or not American cies that are being excluded from this rorism. This rule makes a mockery of kids are going to die in Colombia. debate like the future of nuclear test- our unity. We are weaker as a country I urge my colleagues to have an up or ing, the direction of our national mis- when the Republican majority in this down vote on whether or not the base sile defense program, the funding for House slams the door on a full and fair in the gentlewoman from North Caro- our non-proliferation programs in Rus- debate. lina’s (Mrs. MYRICK) State is going to sia and a host of other issues, including I urge my colleagues to defeat this close, the bases in the gentleman from congressional oversight of military tri- rule, vote down this rule. California’s (Mr. DREIER) State are bunals, U.S. policy toward Colombia,

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.012 pfrm15 PsN: H09PT1 H2256 CONGRESSIONAL RECORD — HOUSE May 9, 2002 and management and oversight of tape that has been laid out in an envi- percent, payable by the department from major procurement programs. ronmentally-sensitive manner. The which the employee retired.’’. This is symptomatic of a pattern we Marines that replicate the Iwo Jima- (b) COVERAGE FOR OTHER RETIREES AND DE- have seen in the past months of a ma- type assault on the beaches have to PENDENTS.—(1) Section 1108 of title 10, United States Code, is amended to read as follows: jority that wants to close down debate dismount from the landing craft and on issues that are critical to the Amer- get in buses and be bused up to an envi- ‘‘§ 1108. Health care coverage through Fed- eral Employees Health Benefits program ican people. This has become a gag rule ronmentally-acceptable point to where ‘‘(a) FEHBP OPTION.—The Secretary of De- House, by a majority that is simply un- they can commence their assault to fense, after consulting with the other admin- interested on the issue of free and fair practice to give their lives to this istering Secretaries, shall enter into an debate. This Republican leadership country. Go to bases like Mountain agreement with the Office of Personnel Man- shuts down debate on our alternative Home Air Force Base in Idaho, where agement to provide coverage to eligible amendments in the pension reform bill. only one plane at a time can train on beneficiaries described in subsection (b) Just a few weeks ago, they refused to the training field, which is like having under the health benefits plans offered make our amendments in order on the one football player on the team be al- through the Federal Employees Health Bene- budget debate and they did not make lowed out on the field at the same fits program under chapter 89 of title 5. ‘‘(b) ELIGIBLE BENEFICIARIES; COVERAGE.— the Moore substitute in order either in time. (1) An eligible beneficiary under this sub- that debate; and months ago this lead- These are reasonable positions that section is— ership denied a responsible debate on we have taken, reasonable restrictions ‘‘(A) a member or former member of the campaign finance reform. They wanted on the environmental laws to help our uniformed services described in section to break the bill into pieces in an effort people stay alive on the battlefield. 1074(b) of this title; to sink it. So they forced the House to Mrs. MYRICK. Mr. Speaker, I would ‘‘(B) an individual who is an unremarried use a discharge petition just to get the like to inquire if the gentleman from former spouse of a member or former mem- bill on the floor with a fair process. Texas’ time has expired. ber described in section 1072(2)(F) or Then with the debt ceiling, the word The SPEAKER pro tempore. It has. 1072(2)(G); ‘‘(C) an individual who is— is that we will not have a free and fair The amendment previously referred ‘‘(i) a dependent of a deceased member or debate about how to deal with the mis- to by Mr. FROST is as follows: former member described in section 1076(b) guided Republican economic program AMENDMENT TO HOUSE RESOLUTION 415 or 1076(a)(2)(B) of this title or of a member that was passed last year. Republicans At the end of the resolution insert the fol- who died while on active duty for a period of are talking about tacking that bill on lowing: more than 30 days; and the supplemental appropriation. SEC. 6. Notwithstanding any other provi- ‘‘(ii) a member of family as defined in sec- Again, let us not have a debate, let us sion of this resolution, it shall be in order to tion 8901(5) of title 5; or not even have a questioning, let us not consider, without intervention of any points ‘‘(D) an individual who is— of order, the amendments offered to the com- ‘‘(i) a dependent of a living member or have a free discussion of issues that af- mittee amendment in the nature of a sub- former member described in section 1076(b)(1) fect Americans in their everyday lives. stitute printed in section 7 of this resolution. of this title; and I think this rule is an abomination. Each amendment may be offered only by the ‘‘(ii) a member of family as defined in sec- In the days before this, we always had proponent specified in section 7 or a des- tion 8901(5) of title 5. pretty much an open rule on defense ignee, shall be considered as read, and shall ‘‘(2) Eligible beneficiaries may enroll in a bills. There were times in the past that be debatable for 30 minutes, equally divided Federal Employees Health Benefit plan we have taken a week to consider a de- and controlled by the proponent and an op- under chapter 89 of title 5 under this section fense bill, and we allowed Republican ponent. for self-only coverage or for self and family SEC. 7. The amendments described in sec- coverage which includes any dependent of and Democratic amendments alike. Let tion 6 are as follows: the member or former member who is a fam- me tell my colleagues that these are AMENDMENT TO H.R. 4546, AS REPORTED ily member for purposes of such chapter. important issues that people care OFFERED BY MR. HINCHEY OF NEW YORK ‘‘(3) A person eligible for coverage under about out in the country. this subsection shall not be required to sat- (For himself, Mr. Pallone of New Jersey, and isfy any eligibility criteria specified in chap- Ms. Sanchez of California) b 1230 ter 89 of title 5 (except as provided in para- This House is being run with gag Strike title XIV (page 240, beginning line graph (1)(C) or (1)(D)) as a condition for en- rules day in and day out. It must end. 14), relating to the Utah Test and Training rollment in health benefits plans offered Range. Vote against the previous question; through the Federal Employees Health Bene- vote against this rule. Let us let Amer- fits program under this section. AMENDMENT TO H.R. 4546, AS REPORTED ‘‘(4) For purposes of determining whether ica into its own defense policy. OFFERED BY MR. SHOWS OF MISSISSIPPI an individual is a member of family under Mr. FROST. Mr. Speaker, I ask unan- Strike section 712 (page ll, lines ll paragraph (5) of section 8901 of title 5 for pur- imous consent that the text of my pro- through ll) and insert the following new poses of paragraph (1)(C) or (1)(D), a member posed amendment be printed in the section: or former member described in section RECORD immediately before the vote on SEC. 712. COVERAGE OF MILITARY RETIREES 1076(b) or 1076(a)(2)(B) of this title shall be the previous question. UNDER THE FEDERAL EMPLOYEES deemed to be an employee under such sec- The SPEAKER pro tempore (Mr. HEALTH BENEFITS PROGRAM. tion. (a) EARNED COVERAGE FOR CERTAIN RETIR- ‘‘(5) An eligible beneficiary who is eligible LATOURETTE). Is there objection to the EES AND DEPENDENTS.—Chapter 89 of title 5, to enroll in the Federal Employees Health request of the gentleman from Texas? United States Code, is amended— Benefits program as an employee under There was no objection. (1) in section 8905, by adding at the end the chapter 89 of title 5 is not eligible to enroll Mrs. MYRICK. Mr. Speaker, I yield 1 following new subsection: in a Federal Employees Health Benefits plan minute to the gentleman from Cali- ‘‘(i) For purposes of this section, the term under this section. fornia (Mr. HUNTER). ‘employee’ includes a retired member of the ‘‘(6) An eligible beneficiary who enrolls in Mr. HUNTER. Mr. Speaker, I thank uniformed services (as defined in section the Federal Employees Health Benefits pro- the gentlewoman for yielding me this 101(a)(5) of title 10) who began service before gram under this section shall not be eligible time. I just wanted to follow the mi- June 7, 1956. A surviving widow or widower of to receive health care under section 1086 or such a retired member may also enroll in an section 1097. Such a beneficiary may con- nority leader’s comments with the ob- approved health benefits plan described by tinue to receive health care in a military servation that we are in a war right section 8903 or 8903a of this title as an indi- medical treatment facility, in which case the now. We have people on the battlefield vidual.’’; and treatment facility shall be reimbursed by whose survival depends on good train- (2) in section 8906(b)— the Federal Employees Health Benefits pro- ing. (A) in paragraph (1), by striking ‘‘para- gram for health care services or drugs re- At many of our training bases around graphs (2) and (3)’’ and inserting ‘‘paragraphs ceived by the beneficiary. the United States, the environmental (2) through (5)’’; and ‘‘(c) CHANGE OF HEALTH BENEFITS PLAN.— encroachments have become so strong (B) by adding at the end the following new An eligible beneficiary enrolled in a Federal paragraph: Employees Health Benefits plan under this that today at Camp Pendleton you can ‘‘(5) In the case of an employee described in section may change health benefits plans only use about a third of the training section 8905(i) or the surviving widow or wid- and coverage in the same manner as any ground that is available. You have to ower of such an employee, the Government other Federal Employees Health Benefits build foxholes only where you have contribution for health benefits shall be 100 program beneficiary may change such plans.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.039 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2257

‘‘(d) GOVERNMENT CONTRIBUTIONS.—The AMENDMENT TO H.R. 4546, AS REPORTED OF- AMENDMENT TO H.R. 4546, AS REPORTED OF- amount of the Government contribution for FERED BY MR. DEFAZIO OF OREGON OR MR. FERED BY MR. DEFAZIO OF OREGON OR MR. an eligible beneficiary who enrolls in a FRANK OF MASSACHUSETTS STARK OF CALIFORNIA health benefits plan under chapter 89 of title At the end of subtitle B of title II (page 45, At the end of subtitle A of title II (page 31, 5 in accordance with this section may not ex- after line 9), insert the following new sec- after line 19), insert the following new sec- ceed the amount of the Government con- tion: tion: tribution which would be payable if the SEC. ll. TERMINATION OF FUNDING FOR THE electing beneficiary were an employee (as de- SEC. 217. LIMITATION ON OBLIGATION OF FUNDS CRUSADER ARTILLERY PROGRAM. fined for purposes of such chapter) enrolled FOR CRUSADER ARTILLERY PRO- The amount provided in section 201(1) for in the same health benefits plan and level of GRAM. the Army is hereby reduced by $475,200,000, to benefits. (a) LIMITATION.—None of the funds author- be derived from amounts for the Crusader ar- ‘‘(e) SEPARATE RISK POOLS.—The Director tillery program. of the Office of Personnel Management shall ized to be appropriated for fiscal year 2003 for research, development, test, and evaluation require health benefits plans under chapter AMENDMENT TO H.R. 4546, AS REPORTED for the Crusader artillery program of the 89 of title 5 to maintain a separate risk pool OFFERED BY MR. DEFAZIO OF OREGON Army may be obligated until the Secretary for purposes of establishing premium rates At the end of subtitle C of title I (page 23, of Defense, in consultation with the Sec- for eligible beneficiaries who enroll in such a after line 5), insert the following new sec- plan in accordance with this section.’’. retary of the Army and the Director of Oper- tion: ational Test and Evaluation, submits to the (2) The item relating to section 1108 at the SEC. ll. LIMITATION ON F–22 AIRCRAFT LOW- beginning of such chapter is amended to read congressional defense committees a certifi- RATE INITIAL PRODUCTION. as follows: cation of the Secretary of Defense’s contin- The amount provided in section 103(1) for ‘‘1108. Health care coverage through Federal ued support for the program and a report procurement of aircraft for the Air Force is Employees Health Benefits pro- that includes each of the following: hereby reduced by $1,812,000,000, to be derived gram.’’. (1) An assessment of the extent to which by reducing the number of F–22 aircraft au- (3) The amendments made by this sub- critical Crusader technologies have not been thorized for low-rate initial production from section shall take effect on January 1, 2003. demonstrated, at the component and sub- 23 to 13. system level, in an operational environment AMENDMENT TO H.R. 4546, AS REPORTED (also known as technology readiness level 7), AMENDMENT TO H.R. 4546, AS REPORTED OFFERED BY MR. HASTINGS OF FLORIDA and the effect that the status of technology OFFERED BY MR. DEFAZIO OF OREGON testing will have on the milestone B decision At the end of subtitle C of title I (page 23, In section 107, relating to the Defense for the Crusader artillery program. Health Program (page ll, after line ll)— after line 5), insert the following new sec- (2) An assessment of the effect that the tion: (1) insert ‘‘(a) AUTHORIZATION OF APPRO- weight of the Crusader and its resupply vehi- PRIATIONS.—’’ before ‘‘Funds’’; and SEC. 122. F–22 RAPTOR FIGHTER AIRCRAFT PRO- cle will have on the ability to transport the GRAM. (2) by adding at the end the following: system to remote battlefields, including an (a) REQUIREMENT FOR REASSESSMENT OF (b) INCREASE IN HEALTH CARE SERVICES FOR assessment of the importance of deploying THE COST OF THE F–22 WITH A REPORT TO CON- MILITARY RETIREES AND DEPENDENTS.—The two Crusader howitzers on a single C–17 air- GRESS.—The Secretary of the Air Force shall amount provided in subsection (a) is hereby craft. increased by $2,500,000, and the total amount reassess the cost to complete the develop- (3) An assessment of the effect of weight ment program for the F–22 Raptor fighter of the increase shall be available for procure- reductions on the cost of the Crusader and ment for carrying out health case programs, aircraft. The Secretary shall submit to Con- its ability to meet performance require- gress, as a supplement to the fiscal year 2004 projects, and activities for retired members ments. of the Armed Forces and their dependents. budget, information on any amount that the (4) A determination of the potential capa- Secretary determines would be necessary for (c) OFFSETTING REDUCTION.—The amount bilities and timing for deployment of the ini- that development program in addition to the provided in section 105 for the Inspector Gen- tial version of the Future Combat Systems amount of $21,000,000,000 previously reported eral of the Department of Defense is hereby and the implications of those capabilities to Congress as the amount for that program. reduced by $100,000, and the amount provided and deployment schedule on the Crusader’s (b) REQUIREMENT FOR MONITORING KEY in section 301(24) for Support for Inter- utility to the Army. MANUFACTURING PROCESSES.—The Secretary national Sporting Competitions is hereby re- (5) An analysis, in consultation with the of the Air Force shall direct the program of- duced by $2,400,000. Secretary of the Air Force, comparing the fice for the F–22 aircraft program to monitor ability of the Crusader to carry out its mis- the status of key manufacturing processes AMENDMENT TO H.R. 4546, AS REPORTED sion with the ability of aircraft using smart for that program by collecting statistics on OFFERED BY MR. DEFAZIO OF OREGON bombs, global positioning systems, and on- the percentage of key manufacturing proc- the-ground human spotters to carry out that esses in control as the program continues to Page 34, after line 11, insert the following same mission, including an assessment of the new subsection: proceed toward high-rate production. As part utility of the Crusader, compared with the of the report required in subsection (a), the (f) LIMITATION ON AWARDING OF CONTRACT utility of such aircraft, to combat likely fu- Secretary shall provide the congressional de- FOR LOW-RATE INITIAL PRODUCTION.—The ture threats given the force structure of the fense committees with the statistics, and an Secretary of the Army may not award a con- enemy and the terrain in which they oper- tract for low-rate initial production for the analysis of the statistics, collected under ate. this subsection. RAH–66 Comanche aircraft program until the (6) An assessment of the effect of the Secretary of Defense, after receiving the Army’s plans to award contracts for low-rate AMENDMENT TO H.R. 4546, AS REPORTED views of the Director of Operational Test and initial production for the Crusader less than OFFERED BY MR. HOEFFEL OF PENNSYLVANIA Evaluation, submits to the congressional de- one-fourth of the way through the prototype fense committees the Secretary’s certifi- testing schedule on the cost of the Crusader At the end of title X (page 218, after line cation of each of the following: and its ability to meet performance require- 15), insert the following new subtitle: (1) That the plan in the engineering and ments. Subtitle D—Review of Regulations Relating to Mili- manufacturing development phase of the (7) An assessment of the extent to which tary Tribunals SEC. 1041. SHORT TITLE. program is adequate for determining the the automation of the major functions of the This subtitle may be cited as the ‘‘Military operational effectiveness and suitability of Crusader (including aiming, loading, and fir- Tribunal Regulations Review Act’’. the Comanche aircraft before the start of ing the cannon, managing inventory (projec- full-rate production. tiles and propellant), and resupplying the SEC. 1042. CONGRESSIONAL REVIEW. (2) That the Comanche program has made howitzer with fuel and ammunition) exposes (a) PROCEDURES REQUIRED.—(1) Before a adequate progress in development flight the entire system to inoperability due to military tribunal rule takes effect, the testing to date and is on a clear track to software problems, including an analysis of President shall submit to Congress a report demonstrate in operational flight testing, the extent to which the software has been containing— before the start of full-rate production, that tested under operational conditions and an (A) a copy of the military tribunal rule; the aircraft can meet the following key per- analysis of the challenges faced by the crew (B) a concise general statement relating to formance parameters: in repairing potential software glitches in the military tribunal rule; and (A) Vertical rate of climb. battlefield conditions. (C) the proposed effective date of the mili- (B) Night target acquisition range. tary tribunal rule. (C) Radar cross section signature. (b) GAO EVALUATION.—Not later than 60 (2) A military tribunal rule with respect to (D) Infrared engine exhaust signature. days after the Secretary of Defense submits which a report is submitted under paragraph (E) Digital communications with joint and the report under subsection (a), the Comp- (1) shall take effect on the latest of the fol- combined arms forces. troller General shall submit to the congres- lowing: (3) That the Comanche can be produced sional defense committees an evaluation of (A) The last day of the 60-day period begin- within cost, schedule, and quality targets. the report. ning on the submission date for that rule.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.014 pfrm15 PsN: H09PT1 H2258 CONGRESSIONAL RECORD — HOUSE May 9, 2002 (B) If the President, having been presented terpret, or prescribe law or policy, or de- (1) Among the powers granted to Congress with a joint resolution of disapproval with scribing the organization, procedure, or prac- by the Constitution are the following: respect to that rule, returns the joint resolu- tice requirements of a Department or agen- (A) The power to declare war. tion without his signature to the House in cy, with regard to carrying out military tri- (B) The power to lay and collect taxes and which it originated, together with his objec- bunals. to pay the debts and provide for the common tions thereto, the date that is— SEC. 1044. JUDICIAL REVIEW. defense and general welfare of the United (i) the date on which either House, having No determination, finding, action, or omis- States. proceeded to reconsider the joint resolution, sion under this subtitle shall be subject to (C) The powers to raise and support armies, votes on and fails to pass the joint resolu- judicial review. to provide and maintain a navy, to make rules for the government and regulation of tion, the objections of the President to the SEC. 1045. REPORTING REQUIREMENTS FOR contrary notwithstanding; or MILITARY TRIBUNALS. the land and naval forces, to provide for call- ing forth the militia to execute the laws of (ii) if earlier, the date that is 30 days after (a) IN GENERAL.—(1) Subchapter XI of chap- the date on which the joint resolution, with ter 47 of title 10, United States Code (the the United States, to suppress insurrections the President’s objections thereto, was re- Uniform Code of Military Justice) is amend- and repel invasion, to provide for organizing, arming, and disciplining the militia, and for turned by the President to the House in ed by adding at the end the following new governing such part of the militia as may be which it originated. section: (C) The date on which the military tri- employed in the service of the United States. ‘‘§ 940a. Art. 140a. Reports to Congress on bunal rule would have otherwise taken ef- (D) The power to make all laws necessary military tribunals fect, if not for this section (unless a joint and proper for carrying into execution not resolution of disapproval is enacted). ‘‘(a) For each military tribunal, the Presi- only its own powers but also all other powers (3) Notwithstanding paragraph (2), the ef- dent shall submit to Congress periodic re- vested by the Constitution in the Govern- fective date of a military tribunal rule shall ports on the activities of that military tri- ment of the United States, or in any depart- not be delayed by operation of this subtitle bunal. The first such report with respect to ment or officer thereof. beyond the date on which either House of a military tribunal shall be submitted not (E) The power of the purse (‘‘No money Congress votes to reject a joint resolution of later than six months after the date on shall be drawn from the Treasury, but in disapproval. which the military tribunal is convened and Consequence of Appropriations made by (b) EFFECT OF DISAPPROVAL.—(1) A mili- shall include an identification of the accused Law’’). tary tribunal rule shall not take effect (or and the offense charged. Each succeeding re- (2) Section 2(c) of the War Powers Resolu- continue) if a joint resolution of disapproval port with respect to a military tribunal shall tion (50 U.S.C. 1541(c)) states that the Presi- with respect to that military tribunal rule is be submitted not later than six months after dent has constitutional authority to intro- enacted. the date on which the preceding report was duce United States Armed Forces into hos- (2) A military tribunal rule that does not submitted. tilities, or into situations where imminent take effect (or does not continue) under ‘‘(b) A report under this section shall be involvement in hostilities is clearly indi- paragraph (1) may not be reissued in sub- submitted in unclassified form, but may in- cated by the circumstances, only pursuant to stantially the same form, and a new military cluded a classified annex. a declaration of war, specific statutory au- tribunal rule that is substantially the same ‘‘(c) In this section, the term ‘military tri- thority, or a national emergency created by attack upon the United States, its terri- as such a military tribunal rule may not be bunal’ means a military commission or other tories or possessions, or its armed forces. issued, unless the reissued or new military military tribunal (other than a court-mar- (3) In response to the terrorist attacks tribunal rule is specifically authorized by a tial).’’. against the United States that occurred on law enacted after the date of the enactment (2) The table of sections at the beginning of September 11, 2001, section 2(a) of Public Law of the joint resolution of disapproval with re- such subchapter is amended by adding at the 107–40 provides limited authorization to the spect to the original military tribunal rule. end the following new item: ‘‘940a. 140a. Reports to Congress on military President ‘‘to use all necessary and appro- (c) DISAPPROVAL OF RULES THAT HAVE tribunals.’’. priate force against those nations, organiza- TAKEN EFFECT.—Any military tribunal rule tions, or persons [the President] determines that takes effect and later is made of no (b) EFFECTIVE DATE.—Section 940a of title planned, authorized, committed, or aided the force or effect by the enactment of a joint 10 United States Code, as added by sub- terrorist attacks . . . or harbored such orga- resolution of disapproval shall be treated as section (a), shall apply with respect to any nizations or persons, in order to prevent any though such military tribunal rule had never military tribunal covered after, or pending future acts of international terrorism taken effect, except that a trial of a person on, that date of the enactment of this sub- against the United States by such nations, pursuant to such rule that is being carried title. In the case of a military tribunal pend- organizations or persons’’. out before the enactment of such joint reso- ing on the date of the enactment of this sub- (b) SENSE OF CONGRESS.—It is the sense of lution of disapproval shall continue to be title, the first report required by such sec- tion shall be submitted not later than six Congress that deployment of elements of the carried out as though such military tribunal Armed Forces into hostilities outside the rule remains in effect. months after the date of the enactment of this subtitle. United States or into situations where immi- (d) RULE OF CONSTRUCTION.—If the Con- nent involvement in hostilities outside the gress does not enact a joint resolution of dis- United States is clearly indicated by the cir- approval with respect to a military tribunal AMENDMENT TO H.R. 4546, AS REPORTED OFFERED BY MR. TAYLOR OF MISSISSIPPI cumstances should be made only in accord- rule, no court or agency may infer any in- ance with the powers granted to Congress by tent of the Congress from any action or inac- In section 1206, relating to the limitation the Constitution as described in subpara- tion of the Congress with regard to such on number of military personnel in Colom- graphs (A) through (E) of subsection (a)(1) military tribunal rule, related statute, or bia, strike subsections (c) and (d) (page ll, and relevant provisions of law. joint resolution of disapproval. beginning line ll). (e) JOINT RESOLUTION OF DISAPPROVAL DE- AMENDMENT TO H.R. 4546, AS REPORTED FINED.—For purposes of this section, the AMENDMENT TO H.R. 4546, AS REPORTED OFFERED BY MRS. TAUSCHER OF CALIFORNIA term ‘‘joint resolution of disapproval’’ means OFFERED BY MR. TAYLOR OF MISSISSIPPI At the end of subtitle C of title XXXI (page a joint resolution introduced on or after the At the end of title XXVIII (page ll, after 352, after line 24), insert the following new date on which a report referred to in sub- line ll), insert the following new section: section: section (a)(1) is received by Congress, the SEC. ll. REPEAL OF AUTHORIZATION OF ADDI- SEC. 3146. INTERNATIONAL DEMONSTRATION title of which is ‘‘Joint Resolution dis- TIONAL ROUND OF BASE REALIGN- PROJECT ON IMPROVING PROTEC- approving the rule submitted by the Presi- MENTS AND CLOSURES IN 2005. TION OF NUCLEAR MATERIALS IN dent on ll, relating to military tribunals’’, Effective as of December 28, 2001, the Na- FOREIGN COUNTRIES. containing no whereas clauses, and the mat- tional Defense Authorization Act for Fiscal (a) PROJECT REQUIRED.—In carrying out ter after the resolving clause of which is as Year 2002 (Public Law 107–107) is amended by the materials protection, control, and ac- follows: ‘‘That Congress disapproves the rule striking title XXX and the amendments counting program of the Department of En- submitted by the President on ll, relating made by that title relating to the realign- ergy, the Secretary of Energy shall carry out to military tribunals, and such rule shall ment and closure of military installations. a demonstration project under this section have no force or effect.’’ (The blank spaces to improve the level of physical protection of nuclear materials in facilities, whether mili- being appropriately filled in). AMENDMENT TO H.R. 4546, AS REPORTED OF- tary or civilian, of foreign countries. SEC. 1043. DEFINITIONS. FERED BY MR. DEFAZIO OF OREGON OR MR. (b) PARTICIPATING COUNTRIES.—The Sec- PAUL OF TEXAS For purposes of this subtitle: retary shall select not more than three for- (1) The term ‘‘military tribunal’’ means a At the end of title X (page 218, after line eign countries for participation in the dem- military commission or other military tri- 15), insert the following new section: onstration project required by this section. bunal (other than a court-martial). SEC. ll. SENSE OF CONGRESS RELATING TO The Secretary may not select a country that (2) The term ‘‘military tribunal rule’’ CONGRESSIONAL WAR POWERS was included within the former Soviet Union means the whole or part of an agency state- UNDER THE CONSTITUTION. for participation. ment of general or particular applicability (a) FINDINGS.—Congress finds the fol- (c) ELEMENTS.—The demonstration project and future effect designed to implement, in- lowing: required by this section shall include the

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.014 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2259 first two, and may include all three, of the (6) State that the United States remains SEC. 234. PROHIBITION ON DEVELOPMENT AND following elements: committed to its obligations under the Non- DEPLOYMENT OF NUCLEAR-TIPPED (1) During the first three months of such Proliferation Treaty to reduce its nuclear BALLISTIC MISSILE INTERCEPTORS. demonstration project, providing training to weapons arsenal in order to discourage the (a) STATEMENT OF POLICY.—It is the policy local experts in physical protection of nu- spread of nuclear weapons to non-nuclear of the United States not to develop or deploy clear materials, including an exchange of states. nuclear-tipped ballistic missile interceptors. best practices. (b) PROHIBITION ON USE OF FUNDS.—No (2) During the first 12 months of such dem- AMENDMENT TO H.R. 4546, AS REPORTED funds appopriated or otherwise made avail- onstration project, implementation of basic OFFERED BY MR. SPRATT OF SOUTH CAROLINA able to the Department of Defense or the De- improvements, such as upgrading doors and partment of Energy may be obligated or ex- windows, installing barriers, and blocking At the end of subtitle C of title XXXI (page pended to develop or deploy a nuclear-tipped nonessential doors and windows. 352, after line 24), insert the following new ballistic missile interceptor. (3) During the first 24 months of such dem- section: (c) DEFINITION.—In this section: onstration project, implementation of exten- SEC. 3146. PRESIDENTIAL NOTIFICATION TO CON- (1) The term ‘‘nuclear-tipped ballistic mis- sive improvements, such as upgrading the GRESS BEFORE RESUMPTION OF UN- sile interceptor’’ means a ballistic missile perimeter, installing sensors, implementing DERGROUND TESTING OF NUCLEAR WEAPONS. defense system that employs a nuclear deto- personnel access procedures, and providing nation to destroy an incoming missile or re- training in the operation of new equipment (a) NOTIFICATION OF FIRST TEST.—(1) Not entry vehicle. and procedures. less than 12 months before the United States (2) The term ‘‘develop’’ includes any activi- (d) FUNDING.—(1) The amount provided in first conducts an underground test of a nu- ties referred to in section 179(d)(8) of title 10, section 3101 for the activities of the National clear weapon after the date of the enactment Nuclear Security Administration in carrying United States Code, more advanced than fea- of this Act, the President shall submit to sibility studies. out programs necessary for national security Congress a report on the resumption by the is hereby increased by $10,000,000, to be avail- United States of the conduct of such tests. able to carry out this section. The report shall include each of the fol- AMENDMENT TO H.R. 4546, AS REPORTED (2) The amount provided in section 201(4) lowing: OFFERED BY MR. EDWARDS OF TEXAS for Research, Development, Test, and Eval- (1) The date on which the President in- At the end of subtitle C of title XXXI (page uation, Defense-Wide, is hereby increased by tends the first such test to be conducted. $10,000,000, to be derived from program ele- 352, after line 24), insert the following new (2) The President’s certification that the section: ment 0603880C. national security of the United States re- quires that the United States resume con- SEC. 3146. TRANSFER OF FUNDS TO PROVIDE AD- AMENDMENT TO H.R. 4546, AS REPORTED OF- ducting such tests, and an explanation of the DITIONAL AMOUNTS FOR PROGRAM FERED BY MRS. TAUSCHER OF CALIFORNIA RELATING TO ELIMINATION OF reasons why the national security so re- AND MR. ALLEN OF MAINE WEAPONS GRADE PLUTONIUM IN quires. RUSSIA. Strike section 1021 (page 210, line 2, (3) An assessment of the expected reactions (a) INCREASE FOR PROGRAM TO ELIMINATE through page 211, line 20) and insert the fol- of other nations to the resumption by the WEAPONS GRADE PLUTONIUM IN RUSSIA.—The lowing new section 1021: United States of the conduct of such tests. SEC. 1021. SENSE OF CONGRESS ON MAINTE- amount in section 3101 for defense nuclear NANCE OF A RELIABLE AND SECURE (b) REPORT ON TEST READINESS.—Not later nonproliferation is hereby increased by STRATEGIC DETERRENT. than March 1, 2003, the Secretary of Energy $30,000,000, to be available only for the pro- It is the sense of Congress that, consistent shall submit to Congress a report on the op- gram transferred under section 3142. tions for reducing the amount of time re- with the national defense strategy delin- (b) OFFSETTING REDUCTION.—The amount quired to conduct an underground test of a eated in the Quadrennial Defense Review in section 201(4) for the Missile Defense nuclear weapon after a decision to conduct dated September 30, 2001 (as submitted under Agency is hereby reduced by $30,000,000, to be such a test is made. The report shall include section 118 of title 10, United States Code), derived from program element 0603880C, Bal- the following: the global strategic environment, and the listic Missile Defense System Segment. commitments of the United States to the (1) The findings of the study carried out by arms control regimes to which the United the Department of Energy in fiscal year 2002 States is a party, the President should, to that examined such options. AMENDMENT TO H.R. 4546, AS REPORTED ensure the national security of the United (2) The assessment of the Secretary as to OFFERED BY MR. FROST OF TEXAS States and advance the foreign policy goals whether reducing such amount of time to At the end of title X (page 218, after line and vital interests of the United States, take less than 24 to 36 months is feasible. 15), insert the following new section: the following actions: (3) The technical challenges and require- (1) Maintain an operationally deployed ments associated with reducing such amount SEC. ll. REQUIREMENTS FOR NATURALIZATION strategic force of not less than 1,700 oper- of time to less than 24 to 36 months. TO CITIZENSHIP THROUGH SERVICE IN THE ARMED FORCES OF THE ationally deployed nuclear weapons, unless (4) The cost, during the period from fiscal UNITED STATES. determined otherwise by a subsequent Nu- year 2003 to 2012, associated with reducing clear Posture Review and or through nego- such amount of time to less than 24 to 36 (a) PERIOD OF REQUIRED SERVICE REDUCED tiated bilateral or multilateral agreements. months. TO 2 YEARS.—Section 328(a) of the Immigra- (2) Dismantle as many nuclear weapons tion and Nationality Act (8 U.S.C. 1439(a)) is that are not in the operationally deployed amended by striking ‘‘three’’ and inserting AMENDMENT TO H.R. 4546, AS REPORTED ‘‘two’’. forces of the United States as possible, con- OFFERED BY MR. SPRATT OF SOUTH CAROLINA sistent with— (b) PROHIBITION ON IMPOSITION OF FEES RE- (A) the commitments of the United States At the end of subtitle C of title XXXI (page LATING TO NATURALIZATION.—Section 328(b) under bilateral and multilateral agreements; 352, after line 24), insert the following new of the Immigration and Nationality Act (8 and section: U.S.C. 1439(b)) is amended— (B) effective execution of the Single Inte- SEC. 3146. TRANSFER OF FUNDS TO PROVIDE IN- (1) by striking the period at the end of grated Operational Plan. CREASE IN AMOUNTS FOR DEFENSE paragraph (3) and inserting ‘‘; and’’; and (3) Develop advanced conventional weapons NUCLEAR NONPROLIFERATION. (2) by adding after paragraph (3) the fol- and enhanced intelligence to provide better (a) INCREASE FOR DEFENSE NUCLEAR NON- lowing: capability for destroying— PROLIFERATION.—The amount in section 3101 ‘‘(4) notwithstanding any other provision (A) hard and deeply buried targets; and for defense nuclear nonproliferation is here- of law, no fee shall be charged or collected (B) enemy weapons of mass destruction by increased by $10,000,000, to be available from the applicant for filing a petition for and the development and production facili- only for Russian surplus fissile materials dis- naturalization or issuing a certificate of nat- ties of such enemy weapons. position. uralization upon his admission to citizen- ship, and no clerk of any State court shall (4) Report to Congress on any plans to (b) OFFSETTING REDUCTION.—The amount shorten the lead time and enhance the capa- in section 201(4) for the Missile Defense charge or collect any fee for such services bility to conduct underground testing of nu- Agency is hereby reduced by $10,000,000, to be unless the laws of the State require such clear weapons, and, in the case of plans to derived from program element 0603880C, Bal- charge to be made, in which case nothing shorten the lead time to conduct such test- listic Missile Defense System Segment. more than the portion of the fee required to ing, include an assessment of cost, effect on be paid to the State shall be charged or col- the global strategic environment, and pro- lected.’’. AMENDMENT TO H.R. 4546, AS REPORTED OF- jected technical scientific benefits associ- (c) NATURALIZATION THROUGH ENLISTMENT FERED BY MR. ALLEN OF MAINE AND MR. ated with such plans. IN THE ARMED FORCES AND SERVICE WITH AN SPRATT OF SOUTH CAROLINA (5) Ensure, through the stockpile steward- ELIGIBILITY FOR ACCESS TO CLASSIFIED INFOR- ship and management program, that the At the end of subtitle C of title II (page 49, MATION.—The Immigration and Nationality United States nuclear weapons arsenal re- after line 17), insert the following new sec- Act is amended by adding after section 328 mains as safe and reliable as possible. tion: the following new section:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.014 pfrm15 PsN: H09PT1 H2260 CONGRESSIONAL RECORD — HOUSE May 9, 2002

‘‘NATURALIZATION THROUGH ENLISTMENT IN and proved at any hearing thereon. Such al- SEC. 234. LIMITATION ON USE OF FUNDS FOR THE ARMED FORCES OF THE UNITED STATES legation and proof shall also be made as to GROUND-BASED NATIONAL MISSILE AND SERVICE WITH AN ELIGIBILITY FOR AC- any period between the termination of appli- DEFENSE PENDING ANNUAL CER- TIFICATION OF DIRECTOR OF OPER- CESS TO CLASSIFIED INFORMATION’’ cant’s service and the filing of the applica- ATIONAL TEST AND EVALUATION. tion for naturalization. ‘‘SEC. 328A. (a) A person who has served No funds of the Department of Defense honorably at any time in the Armed Forces ‘‘(d) The applicant shall comply with the requirements of section 316(a) of this title, if may be obligated or expended for a fiscal of the United States, who enlisted for such year for ground-based national missile de- service and was not inducted to service, the termination of such service has been more than six months preceding the date of fense until after the Director of Operational whose eligibility for access to classified in- Test and Evaluation submits to Congress in formation has been certified to the Service filing the application for naturalization, ex- cept that such service within five years im- that fiscal year the Director’s certification by the relevant military department, and that the Department of Defense is in full who, if separated from such service, was mediately preceding the date of filing such application shall be considered as residence compliance with the recommendations of the never separated except under honorable con- National Missile Defense Deployment Readi- ditions, may be naturalized without having and physical presence within the United States. ness Review issued by the Director in August resided, continuously immediately preceding 2000. the date of filing such person’s application, ‘‘(e) Any such period or periods of service in the United States for at least five years, under honorable conditions, and good moral and in the State or district of the Service in character, attachment to the principles of AMENDMENT TO H.R. 4546, AS REPORTED the United States in which the application the Constitution of the United States, and OFFERED BY MR. TIERNEY OF MASSACHUSETTS for naturalization is filed for at least three favorable disposition toward the good order At the end of subtitle C of title II (page 49, months, and without having been physically and happiness of the United States, during after line 17), insert the following new sec- present in the United States for any speci- such service, shall be proved by duly authen- tion: fied period, if such application is filed while ticated copies of the records of the executive the applicant is still in the service or within departments having custody of the records of SEC. 234. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF MISSILE DE- six months after the termination of such such service, and such authenticated copies FENSE FACILITIES AT FORT GREELY, service. of records shall be accepted in lieu of compli- ALASKA, PENDING APPROVAL OF DI- ‘‘(b) A person filing a application under ance with the provisions of section 316(a).’’. RECTOR OF OPERATIONAL TEST subsection (a) of this section shall comply in (d) CONDUCT OF NATURALIZATION PRO- AND EVALUATION. all other respects with the requirements of CEEDINGS OVERSEAS FOR MEMBERS OF THE No funds appropriated for fiscal year 2003 this title, except that— ARMED FORCES OF THE UNITED STATES.—Not- for the Department of Defense may be obli- ‘‘(1) no residence within a State or district withstanding any other provision of law, the gated or expended for the construction of of the Service in the United States shall be Attorney General, the Secretary of State, any missile defense facilities at Fort Greely, required; and the Secretary of Defense, shall ensure Alaska, until the Director of Operational ‘‘(2) notwithstanding section 318 insofar as that any applications, interviews, filings, Test and Evaluation approves (in writing) it relates to deportability, such applicant oaths, ceremonies, or other proceedings the adequacy of the plans (including the pro- may be naturalized immediately if the appli- under title III of the Immigration and Na- jected level of funding) for operational test cant be then actually in the Armed Forces of tionality Act relating to naturalization of and evaluation pursuant to section 2399(b) of the United States, and if prior to the filing members of the Armed Forces are available title 10, United States Code. of the application, the applicant shall have through United States embassies and con- appeared before and been examined by a rep- sulates and, as practicable, United States resentative of the Service; military installations overseas. AMENDMENT TO H.R. 4546, AS REPORTED ‘‘(3) the applicant shall furnish to the At- OFFERED BY MS. MCKINNEY OF GEORGIA torney General, prior to any final hearing AMENDMENT TO H.R. 4546, AS REPORTED At the end of subtitle B of title II (page 45, upon his application a certified statement OFFERED BY MS. HOOLEY OF OREGON after line 19), insert the following new sec- from the proper executive department for tion: each period of his service upon which he re- At the end of title III (page 81, after line 18), insert the following new section: SEC. 217. TERMINATION OF CRUSADER PRO- lies for the benefits of this section— GRAM. ‘‘(A) clearly showing that such service was SEC. ll. ADDITIONAL FOOD ITEM AUTHORIZED (a) TERMINATION.—The Secretary of the honorable and that no discharges from serv- FOR PURCHASE FOR COMBAT FEED- Army shall terminate the Crusader program. ice, including periods of service not relied ING PROGRAM. upon by him for the benefits of this section, The Secretary of Defense shall amend the (b) ELIMINATION OF FUNDING.—The amount were other than honorable, list describing the types of shrimp that may in section 201(1) for research, development, ‘‘(B) clearly showing that the applicant en- be purchased for use in the Department of test, and evaluation, Army, is hereby re- tered the Service through enlistment and Defense Combat Feeding Program to include duced by $475,200,000. not induction; and frozen, Pacific pink shrimp (Pandalus ‘‘(C) clearly showing that the applicant jordani), consisting of 350 to 500 shrimp per AMENDMENT TO H.R. 4546 (FY03 DEFENSE AU- was eligible for access to classified informa- pound. THORIZATION BILL) OFFERED BY MR. JONES tion; and OF NORTH CAROLINA ‘‘(4) notwithstanding any other provision AMENDMENT TO H.R. 4546, AS REPORTED At the end of subtitle D of title III (page 64, of law, no fee shall be charged or collected OFFERED BY MR. TIERNEY OF MASSACHUSETTS after line 19), insert the following new sec- from the applicant for filing a petition for At the end of subtitle C of title II (page 49, tion: naturalization or issuing a certificate of nat- after line 17), insert the following new sec- uralization upon his admission to citizen- SEC. 3ll. RIGHTS OF DEPARTMENT OF DE- tion: ship, and no clerk of any State court shall FENSE EMPLOYEES WITH RESPECT SEC. 234. LIMITATION ON USE OF FUNDS FOR TO ACTIONS OR DETERMINATIONS charge or collect any fee for such services UNDER PUBLIC-PRIVATE COMPETI- unless the laws of the State require such GROUND-BASED NATIONAL MISSILE DEFENSE PENDING ANNUAL CER- TIONS. charge to be made, in which case nothing TIFICATION OF DIRECTOR OF OPER- (a) APPEAL RIGHTS.—Section 2467 of title more than the portion of the fee required to ATIONAL TEST AND EVALUATION. 10, United States Code, is amended by adding be paid to the State shall be charged or col- No funds of the Department of Defense at the end the following new subsection: lected. may be obligated or expended for a fiscal ‘‘The certificate or certificates herein pro- ‘‘(d) APPEAL RIGHTS.—(1) A person de- year for ground-based national missile de- scribed in paragraph (2) who is adversely af- vided for shall be conclusive evidence of such fense until after the Director of Operational service and discharge. fected by any action or determination under Test and Evaluation submits to Congress in Office of Management and Budget Circular ‘‘(c) In the case such applicant’s service that fiscal year the Director’s certification was not continuous, the applicant’s resi- A–76 or other public-private competition for that the Missile Defense Agency and the con- the performance of a function for the Depart- dence in the United States and State or dis- tractors of that agency have provided to the trict of the Service in the United States, ment of Defense shall have appeal rights to Director access to all records and data that the Comptroller General. good moral character, attachment to the the Director considers necessary, as required principles of the Constitution of the United ‘‘(2) A person referred to in paragraph (1) is by section 139(e)(3) of title 10, United States an officer or employee of an organization States, and favorable disposition toward the Code. good order and happiness of the United within the Department of Defense that is an States, during any period within five years actual or prospective offeror to perform the immediately preceding the date of filing AMENDMENT TO H.R. 4546, AS REPORTED activity that is the subject of the action or such application between the periods of ap- OFFERED BY MR. TIERNEY OF MASSACHUSETTS determination under paragraph (1).’’. plicant’s service in the Armed Forces, shall At the end of subtitle C of title II (page 49, (b) CLERICAL AMENDMENTS.—(1) The head- be alleged in the application filed under the after line 17), insert the following new sec- ing of such section is amended to read as fol- provisions of subsection (a) of this section, tion: lows:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.014 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2261 ‘‘§ 2467. Cost comparisons: inclusion of retire- SEC. 217. TRANSFER OF FUNDS TO UNEXPLODED Joint Task Force Southwest Asia, and the ment costs; consultation with employees; ORDNANCE PROGRAM. commanders of the Army, Navy, Air Force, appeal rights; waiver of comparison (a) INCREASE FOR UNEXPLODED ORDNANCE and Marine Corps components of the United (2) The table of sections at the beginning of PROGRAM.—The amount provided in section States Central Command and Joint Task chapter 146 of such title is amended by strik- 201(4) for research, development, test, and Force Southwest Asia. ing the item relating to section 2467 and in- evaluation, Defense-wide, is hereby increased (c) PROHIBITION ON USE OF FUNDS FOR PRO- serting the following new item: by $20,000,000, to be available for program CUREMENT OF ABAYAS.—Funds appropriated ‘‘2467. Cost comparisons: inclusion of retire- element 0603716D, for use for unexploded ord- or otherwise made available to the Depart- ment costs; consultation with nance detection and clearance. ment of Defense may not be used to procure employees; appeal rights; waiv- (b) REDUCTION FROM CRUSADER PROGRAM.— abayas for regular or routine issuance to er of comparison.’’. The amount provided in section 201(1) for re- members of the Armed Forces serving in the (c) APPLICATION OF AMENDMENT.—The search, development, test, and evaluation, Kingdom of Saudi Arabia or for any per- amendment made by subsection (a) shall Army, is hereby reduced by $20,000,000, to be sonnel of contractors accompanying the apply with respect to any review under Of- derived from amounts available for the Cru- Armed Forces in the Kingdom of Saudi Ara- fice of Management and Budget Circular A– sader program. bia in the performance of contracts entered 76 or other public-private competition for into with such contractors by the United the performance of a function for the Depart- AMENDMENT TO H.R. 4546, AS REPORTED States. ment of Defense that is commenced on or OFFERED BY MR. BLUMENAUER OF OREGON after the date of the enactment of this Act At the end of subtitle B of title II (page 45, AMENDMENT TO H.R. 4546, AS REPORTED and any review or competition underway on after line 19), insert the following new sec- OFFERED BY MR. UDALL OF COLORADO the date of the enactment of this Act. tion: At the end of subtitle D of title XXXI (page SEC. 217. TRANSFER OF FUNDS TO UNEXPLODED 356, after line 25), insert the following new AMENDMENT TO H.R. 4546 (FY03 DEFENSE AU- ORDNANCE PROGRAMS. section: THORIZATION BILL) OFFERED BY MR. JONES (a) INCREASES FOR UNEXPLODED ORDNANCE SEC. 3153. SENSE OF CONGRESS REGARDING OF NORTH CAROLINA PROGRAM.—(1) The amount provided in sec- COMMITMENT TO CLEANUP AT At the end of subtitle D of title III, insert tion 201(4) for research, development, test, ROCKY FLATS. (a) FINDINGS.—The Congress finds the fol- the following new section: and evaluation, Defense-wide, is hereby in- lowing: creased by $20,000,000, to be available for pro- SEC. 3ll. RIGHTS OF DEPARTMENT OF DE- (1) The United States and the State of Col- FENSE EMPLOYEES WITH RESPECT gram element 0603716D, for use for orado have a compelling interest in achiev- TO ACTIONS OR DETERMINATIONS unexploded ordnance detection and clear- ing the safe and effective cleanup of present UNDER PUBLIC-PRIVATE COMPETI- ance. TIONS. (2) The amount provided in section 301(17) and former nuclear weapons facilities of the (a) APPEAL RIGHTS.—Section 2467 of title for environmental restoration, Defense-wide, Department of Energy, including the Rocky 10, United States Code, is amended by adding is hereby increased by $30,000,000, to be avail- Flats Environmental Technology Site in Col- at the end the following new subsection: able for the military munitions response pro- orado. ‘‘(d) APPEAL RIGHTS.—(1) A person de- gram. (2) Completion of cleanup at Rocky Flats scribed in paragraph (2) shall be considered (3) The amount provided in section 301(18) and closure of that site will allow resources to be an interested party under subchapter V for environmental restoration, formerly used to be redirected to meet the needs of other of chapter 35 of title 31 for purposes of any defense sites, is hereby increased by present and former nuclear weapons sites, in- action or determination that adversely af- $70,000,000, to be available for unexploded cluding sites in Washington, Texas, Idaho, fects the person under Office of Management ordnance cleanup. Ohio, New Mexico, Tennessee, South Caro- and Budget Circular A–76 or other public-pri- lina, and other States. (b) REDUCTION FROM CRUSADER PROGRAM.— vate competition for the performance of a The amount provided in section 201(1) for re- (3) The Department of Energy seeks to function for the Department of Defense. search, development, test, and evaluation, complete cleanup and closure of the Rocky ‘‘(2) A person referred to in paragraph (1) Army, is hereby reduced by $120,000,000, to be Flats site on or before December 15, 2006, and is— derived from amounts available for the Cru- it is in the national interest for that objec- ‘‘(A) an officer or employee of an organiza- sader program. tive to be met. tion within the Department of Defense that (b) SENSE OF CONGRESS.—It is the sense of is an actual or prospective offeror to perform Congress that the Secretary of Energy AMENDMENT TO H.R. 4546, AS REPORTED the activity that is the subject of the action should take all steps necessary and appro- OFFERED BY MR. LANGEVIN OF RHODE ISLAND or determination under paragraph (1); or priate, including removal from the site of all ‘‘(B) the head of any labor organization re- At the end of subtitle F of title V (page plutonium and other wastes, to achieve ferred to in section 7103(a)(4) of title 5 that ll, after line ll), insert the following new cleanup and closure of the Rocky Flats Envi- includes within its membership officers or section: ronmental Technology Site, Colorado, on or employees of an organization referred to in SEC. ll. WEAR OF ABAYAS BY MEMBERS OF THE before December 15, 2006, in a manner con- subparagraph (A).’’. ARMED FORCES IN SAUDI ARABIA. sistent with the Rocky Flats Cleanup Agree- (b) CLERICAL AMENDMENTS.—(1) The head- (a) PROHIBITIONS RELATING TO WEAR OF ment, an intergovernmental agreement, ing of such section is amended to read as fol- ABAYAS.—(1) A member of the Armed Forces dated July 19, 1996, among— lows: may not be required or strongly encouraged (1) the Department of Energy; ‘‘§ 2467. Cost comparisons: inclusion of retire- to wear the abaya garment or any part of the (2) the Environmental Protection Agency; ment costs; consultation with employees; abaya garment while in the Kingdom of and appeal rights; waiver of comparison Saudi Arabia pursuant to a permanent (3) the Department of Public Health and change of station or orders for temporary Environment of the State of Colorado. (2) The table of sections at the beginning of duty. chapter 146 of such title is amended by strik- (2) No adverse action, whether formal or AMENDMENT TO H.R. 4546, AS REPORTED OF- ing the item relating to section 2467 and in- informal, may be taken against a member of FERED BY MR. KUCINICH OF OHIO OR MR. serting the following new item: the Armed Forces who chooses not to wear PAUL OF TEXAS ‘‘2467. Cost comparisons: inclusion of retire- the abaya garment or any part of the abaya ment costs; consultation with At the end of subtitle A of title X (page 196, garment while in the Kingdom of Saudi Ara- employees; appeal rights; waiv- after line 2), insert the following new sec- bia pursuant to a permanent change of sta- er of comparison.’’. tion: tion or orders for temporary duty. SEC. ll. LIMITATION ON FUNDING PENDING (b) INSTRUCTION.—(1) The Secretary of De- AMENDMENT TO H.R. 4546, AS REPORTED COMPLETION OF SUCCESSFUL AU- fense shall provide each member of the DITS. OFFERED BY MR. RAHALL OF WEST VIRGINIA Armed Forces ordered to a permanent (a) IN GENERAL.—Of the total amount ap- (For himself, Mr. Dingell of Michigan, Mr. change of station or temporary duty in the propriated pursuant to authorizations of ap- Maloney of Connecticut, Mr. Allen of Kingdom of Saudi Arabia with instructions propriations in this Act for any component Maine, Mr. Farr of California, Mr. Pallone regarding the prohibitions in subsection (a). of the Department of Defense specified in of New Jersey, Ms. Sanchez of California, Such instructions shall be provided to a subsection (b), not more than 99 percent may Mr. Hinchey of New York, Mr. Meehan of member within 10 days before the date of a be obligated until the Secretary of Defense Massachusetts, and Ms. Lee of California) member’s arrival at a United States military submits to Congress a notice in writing that Strike sections 311 and 312 (page 52, line 10 installation within the Kingdom of Saudi such component has received an unqualified through page 54, line 18). Arabia or immediately upon such arrival. opinion on its audited financial statements The instructions shall be presented orally pursuant to section 3521 of title 31, United AMENDMENT TO H.R. 4546, AS REPORTED and in writing. The written instruction shall States Code. OFFERED BY MR. BLUMENAUER OF OREGON include the full text of this section. (b) COVERED COMPONENTS.—Components of At the end of subtitle B of title II (page 45, (2) In carrying out paragraph (1), the Sec- the Department of Defense subject to sub- after line 19), insert the following new sec- retary shall act through the Commander in section (a) are those components that the Di- tion: Chief, United States Central Command and rector of the Office of Management and

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.014 pfrm15 PsN: H09PT1 H2262 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Budget has identified (as of the date of the under subsection (d) in three successive ing the fiscal year during which the Base enactment of this Act) under subsection (c) years, or if a determination of an increase of Support Contract is awarded or renewed. of section 3515 of title 31, United States Code, at least 25 percent is made by the Secretary as being required to have audited financial three times in any period, funds –appro- AMENDMENT TO H.R. 4546, AS REPORTED statements meeting the requirements of sub- priated for military construction, for re- OFFERED BY MS. JACKSON-LEE OF TEXAS section (b) of that section. search, test, and evaluation, and for procure- At the end of title IV (page 90, after line ment may not be obligated for a major con- 23), insert the following new section: AMENDMENT TO H.R. 4546, AS REPORTED tract under the program. SEC. 422. ADDITIONAL AUTHORIZATION OF AP- OFFERED BY MR. KUCINICH OF OHIO ‘‘(5) In the event of a congressional dec- PROPRIATIONS FOR MILITARY PER- At the end of title II (page 49, after line 17), laration of war, and if the Secretary of De- SONNEL ACCOUNTS. insert the following new section: fense determines that a program subject to (a) INCREASE IN AUTHORIZATION OF APPRO- SEC. ll. LIMITATION ON MISSILE DEFENSE SYS- termination under paragraph (4) is vital to PRIATIONS.—The amount authorized to be ap- TEMS. any operation of the United States Armed propriated in section 421 is increased by As of the date when the total amount ex- Forces pursuant to this declaration of war, $7,784,000,000. pended by the United States since April 1, the President may, for the duration of hos- (b) OFF-SETTING REDUCTION.—The amount 1997, for fixed-base ballistic missile defense tilities, such paragraph may be waived.’’. authorized to be appropriated in section programs has exceeded $50,000,000,000, the 201(4) for research, development, test, and Secretary of Defense shall terminate all such AMENDMENT TO H.R. 4546, AS REPORTED evaluation for Defense-wide activities is re- programs unless before that date the Sec- OFFERED BY MS. VELA´ ZQUEZ OF NEW YORK duced by $7,784,000,000, to be derived from retary certifies to Congress that the Depart- At the end of title VIII (page 174, after line ballistic missile defense programs. ment of Defense has demonstrated in a flight 5), insert the following new section: AMENDMENT TO H.R. 4546, AS REPORTED test that an interceptor missile can destroy SEC. 8ll. EFFECT OF CONSOLIDATED CON- Offered by Ms. Millender-McDonald of California a warhead without relying in the test on any TRACTS ON SMALL BUSINESSES. At the end of title X (page 218, after line device on the target vehicle that an enemy (a) IN GENERAL.—Whenever the Secretary 15), insert the following new section: would not employ. of Defense or the Secretary of a military de- SEC. ll. TERRORIST-RELATED THREATS TO partment awards a consolidated contract PUBLIC TRANSPORTATION. AMENDMENT TO H.R. 4546, AS REPORTED that displaces a small business as a prime (a) ASSESSMENT.—The Secretary of Trans- OFFERED BY MR. KUCINICH OF OHIO contractor, the Secretary shall develop and portation, in consultation with the heads of At the end of title VIII (page 174, after line implement a plan to offset the decrease in other appropriate Federal departments and 5), insert the following new section: prime contract awards to small businesses agencies, shall conduct an assessment of ter- SEC. 8ll. UNIT COST REPORTS. occurring as a result of the consolidated con- rorist-related threats to all forms of public Section 2433 of title 10, United States Code, tract. transportation, including public gathering is amended— (b) PLAN REQUIREMENTS.—A plan under areas related to public transportation. (1) in subsection (b), by adding at the end subsection (a) shall be developed before the (b) REPORT.—Not later than 30 days after the following new paragraph: award of the consolidated contract and shall the date of the enactment of this Act, the ‘‘(5) Whether, since the most recent unit be implemented during the same fiscal year Secretary shall transmit to the President cost report was submitted, a new baseline de- as the fiscal year in which the consolidated and Congress a report on the results of the scription has been established under section contract is awarded. The plan shall provide assessment conducted under this section, in- 2435 of this title. If such new baseline de- for an increase in prime contract awards to cluding the Secretary’s recommendations for scription has been established, the program small businesses during such fiscal year so as legislative and administrative actions. manager shall report whether this new base- to offset the decrease in prime contract Mr. UDALL of Colorado. Mr. Speak- line description was established due to exces- awards by reason of the award of the consoli- dated contract. er, this rule is a serious abuse of power sive cost growth and for the purpose of es- on the part of the Republican leader- tablishing new per unit costs for charting (c) TRANSMISSION TO SBA.—The Secretary cost growth.’’; shall transmit a copy of the plan to the Ad- ship and should be rejected by the (2) in subsection (c), after ‘‘Secretary con- ministrator of the Small Business Adminis- House. cerned,’’ insert ‘‘or if a new baseline descrip- tration not later than 10 days after the date Everyone knows that the Defense Au- tion of the program has been established on which development of the plan is com- thorization bill is one of the most im- since the most recent previous unit cost re- pleted. portant measures that the House will port submitted under subsection (b) due to consider this year. It should be consid- AMENDMENT TO H.R. 4546, AS REPORTED excessive cost growth and for the purpose of ered under a rule that will allow the OFFERED BY MS. VELA´ ZQUEZ OF NEW YORK establishing new per unit costs for charting full House—not just members of the At the end of title VIII (page 174, after line cost growth,’’; Armed Services Committee and some (3) in subsection (d)— 5), insert the following new section: (A) by inserting ‘‘(A)’’ after ‘‘(d)(1)’’; and SEC. 8ll. LIMITATION ON AWARD OF SPECIFIED others favored by the Rules Com- (B) by inserting before paragraph (2) the CONTRACT PENDING ACTION ON mittee—to have an opportunity to par- following: SMALL BUSINESS ADMINISTRATION ticipate in shaping the legislation. ‘‘(B) If, according to the report submitted RECOMMENDATIONS. That is particularly true this year by the program manager under subsections (a) LIMITATION.—No funds may be obligated because the bill as approved by the (b) or (c), a new baseline description of –the for a contract described in subsection (b) Committee includes many controver- until the Secretary of the Army has accepted program has been established since the most sial provisions. recent previous unit cost report submitted in their entirety the recommendations of the Administrator of the Small Business Admin- Some of these controversial provi- due to excessive cost growth and for the pur- sions involve matters appropriate for pose of establishing new per unit costs for istration with respect to that contract con- charting cost growth, the service acquisition tained in the Administrator’s letter to the debate in the context of a bill to au- executive shall consider the current program Secretary dated March 20, 2002. thorize defense programs. They include acquisition unit cost for the program to have (b) COVERED CONTRACT.—Subsection (a) ap- provisions authorizing weapons sys- increased by at least 25 percent.’’; plies with respect to a contract to be award- tems not requested or needed by the (C) by inserting ‘‘(A)’’ immediately after ed by the Army Communications-Electronics Pentagon as well as provisions author- the first place ‘‘(2)’’ appears; and Command under the contract solicitation of that command numbered DAAB07–02–R–G401. izing policy changes in the area of mis- (D) by inserting before paragraph (3) the sile defense and nuclear weapons devel- following: ‘‘(B) If, according to the report submitted AMENDMENT TO H.R. 4546, AS REPORTED opment. ´ by the program manager under subsections OFFERED BY MS. VELAZQUEZ OF NEW YORK But other controversial provisions go (b) or (c), a new baseline description of –the At the end of title VIII (page 174, after line beyond the normal or appropriate program has been established since the most 5), insert the following new section: scope of a defense authorization bill. recent previous unit cost report submitted SEC. 8ll. LIMITATION ON AWARD OF BASE SUP- For example, the bill includes provi- due to excessive cost growth and for the pur- PORT CONTRACTS. sions concerning the Endangered Spe- pose of establishing new per unit costs for No funds available to the Department of cies Act and the Migratory Bird Treaty charting cost growth, the service acquisition Defense may be obligated for a contract re- Act, matters within the jurisdiction of executive shall consider the current program ferred to as a ‘‘Base Support Contract’’ until other Committees, including the Re- the head of the Base Contracting Activity acquisition unit cost for the program to have sources Committee but which our Com- increased by at least 25 percent.’’; and has prepared a written plan specifying how (4) by adding at the end of subsection (e) the Department of Defense is going to in- mittee has had no opportunity to con- the following: crease opportunities for the local small busi- sider. ‘‘(4) If a determination of an increase of at ness community to be awarded prime con- And, in addition, the bill includes an least 15 percent is made by the Secretary tracts with the Department of Defense dur- entire title—Title XIV—that not only

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.014 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2263 includes provisions dealt with in a bill Republicans have chosen to grant the Graves Manzullo Sensenbrenner referred to the Resources Committee DOD broad exemptions from our envi- Green (WI) McCrery Sessions Greenwood McHugh Shadegg but goes further to include matters ronmental laws wrapped in the cloak of Grucci McInnis Shaw within our Committee’s exclusive ju- national security and military readi- Gutknecht McKeon Shays risdiction. Many Armed Services Com- ness. Hansen Mica Sherwood Hart Miller, Dan mittee members themselves have said Shimkus What is really happening here is that Hastings (WA) Miller, Gary Shuster this was ‘‘a procedural foul.’’ those people committed to dismantling Hayes Miller, Jeff Simmons At the very least, the Rules Com- the environmental laws that protect Hayworth Moran (KS) Simpson mittee should have allowed the House Hefley Morella Skeen public health and the environment Herger Myrick an opportunity to consider changing or Smith (MI) can’t do it directly because the public Hilleary Nethercutt Smith (TX) removing these very controversial pro- outcry would be too great. So, instead Hobson Ney Souder visions. But the rule does not allow they wrapped up their arguments in Hoekstra Northup Stearns Horn Norwood Stump that debate to take place. the cloak of national security and tried Hostettler Nussle Sullivan Further, I cannot support the rule be- Houghton Osborne to pass off despoiling the environment Sununu Hulshof Otter cause it would not even allow the and threatening endangered species as Sweeney Hunter Oxley House to consider going on record in Tancredo necessary because of the war on ter- Hyde Paul support of finishing the cleanup and rorism. Isakson Pence Tauzin closure of the Rocky Flats site by 2006. Don’t be fooled by the new national Issa Peterson (PA) Taylor (NC) Istook Petri Terry That former nulcear-bomb plant is security wrapping. This is the same old Thomas right at the edge of the most heavily- Jenkins Pickering package—the elimination of laws in- Johnson (CT) Pitts Thornberry populated part of our state. The En- convenient to some but crucial for pro- Johnson (IL) Platts Thune ergy Department is working to clean it tecting public and environmental Johnson, Sam Pombo Tiahrt up so it can be closed by 2006 and trans- Jones (NC) Portman Tiberi health. Keller Pryce (OH) Toomey ferred to the Interior Department for I urge you to defeat the previous Kelly Putnam Upton management as a National Wildlife question. Kennedy (MN) Quinn Vitter Refuge. This is a matter of highest pri- Kerns Radanovich Walden Let’s defeat this gag Rule that pre- Walsh ority for all Coloradans, and we think King (NY) Ramstad vents us from considering an amend- Kingston Regula Wamp it should be a high priority for the Con- ment to delete these anti-environ- Kirk Rehberg Watkins (OK) gress and the Administration as well. mental riders. Knollenberg Reynolds Watts (OK) So, I filed an amendment that would Kolbe Rogers (KY) Weldon (FL) Mrs. MYRICK. Mr. Speaker, I yield LaHood Rogers (MI) Weldon (PA) have added to this bill a mere ‘‘sense of back the balance of my time, and I Latham Rohrabacher Weller Congress’’ statement reiterating that move the previous question on the res- LaTourette Ros-Lehtinen Whitfield Leach Royce Wicker DOE should do all that is needed to olution. meet the goal of a 2006 closure. But Lewis (CA) Ryan (WI) Wilson (NM) The SPEAKER pro tempore. The Lewis (KY) Ryun (KS) Wilson (SC) this rule does not even allow the House question is on ordering the previous Linder Saxton Wolf to consider adding that to the bill. Just question. LoBiondo Schaffer Young (AK) allowing my amendment would not, by Lucas (OK) Schrock Young (FL) The question was taken; and the itself, have made this rule fully accept- Speaker pro tempore announced that NAYS—202 able. Not allowing just makes the rule the ayes appeared to have it. Abercrombie Dooley Larsen (WA) worse. I urge rejection of the rule. Ackerman Doyle Larson (CT) Mr. MARKEY. Mr. Speaker, I rise in Mr. FROST. Mr. Speaker, I object to Allen Edwards Lee opposition to the Rule. the vote on the ground that a quorum Andrews Ehlers Levin is not present and make the point of Baca Engel Lewis (GA) The Republican attack on our Na- Baird Eshoo Lipinski tion’s environmental laws in this bill order that a quorum is not present. Baldacci Etheridge Lofgren reminds me of the old quote from a The SPEAKER pro tempore. Evi- Baldwin Evans Lowey dently a quorum is not present. Barcia Farr Lucas (KY) U.S. officer during the Tet Offensive— Barrett Fattah Luther ‘‘We had to destroy the village in order The Sergeant at Arms will notify ab- Becerra Filner Lynch to save it.’’ sent Members. Berkley Ford Maloney (NY) Here, we have a situation where the Pursuant to clause 9 of rule XX, the Berman Frank Markey Chair will reduce to 5 minutes the min- Berry Frost Mascara military has told us that it can assure Blagojevich Gephardt Matheson readiness without the exemptions imum time for electronic voting, if or- Blumenauer Gonzalez Matsui being sought by the Republicans. Down dered, on the question of adoption of Bonior Gordon McCarthy (MO) the resolution. Borski Green (TX) McCarthy (NY) at Fort Bragg, for example, the Army Boswell Gutierrez McCollum has been working with the environ- The vote was taken by electronic de- Boyd Hall (TX) McDermott mental community to protect endan- vice, and there were—yeas 215, nays Brady (PA) Harman McGovern gered birds and set aside additional 202, not voting 17, as follows: Brown (FL) Hastings (FL) McIntyre Brown (OH) Hill McKinney land outside of the base for wildlife [Roll No. 135] Capps Hilliard McNulty habitat. Readiness has not suffered— YEAS—215 Capuano Hinchey Meek (FL) Cardin Hinojosa Meeks (NY) just ask the Taliban and Al Queda. Aderholt Calvert Duncan Carson (IN) Hoeffel Menendez Akin Camp Dunn In fact, the environmental laws pro- Carson (OK) Holden Millender- Armey Cannon Ehrlich vide exemptions for activities nec- Clay Holt McDonald Bachus Cantor Emerson Clayton Honda Miller, George essary for national security. And to Baker Capito English Clement Hooley Mink date, no exemption has ever been Ballenger Castle Everett Clyburn Hoyer Mollohan Barr Chabot Ferguson sought by our Armed forces. In fact the Condit Inslee Moore Bartlett Chambliss Flake most damning word the Air Force Conyers Israel Moran (VA) Barton Coble Fletcher Costello Jackson (IL) Murtha could conjure up to describe the effect Bass Collins Foley Coyne Jefferson Nadler Bereuter Combest Forbes of current law is ‘‘subtle.’’ And the Ma- Cramer John Napolitano Biggert Cooksey Fossella rine Corp admitted that the Fish and Crowley Johnson, E. B. Neal Bilirakis Cox Frelinghuysen Cummings Jones (OH) Oberstar Wildlife Service is ‘‘sympathetic’’ to Blunt Crenshaw Gallegly Davis (CA) Kanjorski Obey DOD’s needs. Boehlert Cubin Ganske Davis (FL) Kaptur Olver Boehner Culberson Gekas Our military personnel are well- Davis (IL) Kennedy (RI) Ortiz Bonilla Cunningham Gibbons trained and ready for action and they DeFazio Kildee Owens Bono Davis, Jo Ann Gilchrest DeGette Kilpatrick Pallone have successfully coexisted with envi- Boozman Davis, Tom Gillmor Delahunt Kind (WI) Pascrell ronmental laws for the past 3 decades. Brady (TX) Deal Gilman DeLauro Kleczka Pastor Brown (SC) DeLay Goode Nevertheless, in this legislation the Deutsch Kucinich Payne Bryant DeMint Goodlatte Republican Majority says we must de- Dicks Lampson Pelosi Burr Diaz-Balart Goss Dingell Langevin Peterson (MN) stroy the environment in order to save Buyer Doolittle Graham Doggett Lantos Phelps America from the terrorist threat. The Callahan Dreier Granger

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.050 pfrm15 PsN: H09PT1 H2264 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Pomeroy Schiff Thompson (CA) Kelly Pence Simpson Tancredo Tierney Waters Price (NC) Scott Thompson (MS) Kennedy (MN) Peterson (MN) Skeen Tanner Towns Watt (NC) Rahall Serrano Thurman Kerns Peterson (PA) Skelton Tauscher Turner Weiner Rangel Sherman Tierney King (NY) Petri Smith (MI) Taylor (MS) Udall (CO) Wexler Reyes Shows Towns Kingston Pickering Smith (TX) Thompson (CA) Udall (NM) Woolsey Rivers Skelton Turner Kirk Pitts Souder Thompson (MS) Velazquez Wu Rodriguez Slaughter Udall (CO) Knollenberg Platts Stearns Thurman Visclosky Wynn Roemer Smith (WA) Udall (NM) Kolbe Pombo Stump Ross Snyder NOT VOTING—18 Velazquez LaHood Portman Sullivan Rothman Solis Latham Pryce (OH) Sununu Visclosky Bentsen Jackson-Lee Roukema Roybal-Allard Spratt LaTourette Putnam Sweeney Bishop (TX) Waters Smith (NJ) Rush Stark Leach Quinn Tauzin Boucher LaFalce Watt (NC) Traficant Sabo Stenholm Lewis (CA) Radanovich Taylor (NC) Burton Maloney (CT) Weiner Watson (CA) Sanchez Strickland Lewis (KY) Ramstad Terry Crane Meehan Waxman Sanders Stupak Wexler Linder Regula Thomas Davis (FL) Ose Sandlin Tanner Woolsey LoBiondo Rehberg Thornberry Hall (OH) Riley Sawyer Tauscher Wu Lucas (OK) Reyes Thune Schakowsky Taylor (MS) Wynn Manzullo Reynolds Tiahrt b 1315 McCrery Rogers (KY) Tiberi NOT VOTING—17 McHugh Rogers (MI) Toomey Mr. ORTIZ and Mr. GREEN of Texas Bentsen Jackson-Lee Riley McInnis Rohrabacher Upton changed their vote from ‘‘aye’’ to ‘‘no.’’ Bishop (TX) Roukema McKeon Ros-Lehtinen Vitter Mr. KERNS changed his vote from Boucher LaFalce Smith (NJ) Mica Royce Walden Burton Maloney (CT) Traficant Miller, Dan Ryan (WI) Walsh ‘‘no’’ to ‘‘aye.’’ Crane Meehan Watson (CA) Miller, Gary Ryun (KS) Wamp So the resolution was agreed to. Hall (OH) Ose Waxman Miller, Jeff Saxton Watkins (OK) The result of the vote was announced Moran (KS) Schaffer Watts (OK) as above recorded. 1257 Myrick Schrock Weldon (FL) b Nethercutt Sensenbrenner Weldon (PA) A motion to reconsider was laid on Messrs. RUSH, GEORGE MILLER of Ney Sessions Weller the table. Northup Shadegg Whitfield California, ORTIZ, and Ms. MCCOL- Norwood Shaw Wicker f LUM changed their vote from ‘‘yea’’ to Nussle Shays Wilson (NM) ‘‘nay.’’ Osborne Sherwood Wilson (SC) REMOVAL OF NAME OF MEMBER Mr. HYDE and Mrs. JOHNSON of Otter Shimkus Wolf AS COSPONSOR OF H.R. 975 Oxley Shuster Young (AK) Connecticut changed their vote from Paul Simmons Young (FL) Mr. WATKINS of Oklahoma. Mr. ‘‘nay’’ to ‘‘yea.’’ Speaker, I ask unanimous consent that So the previous question was ordered. NOES—200 the gentleman from Alabama (Mr. The result of the vote was announced Abercrombie Filner McIntyre BACHUS) be removed as a cosponsor of as above recorded. Ackerman Ford McKinney H.R. 975. The SPEAKER pro tempore (Mr. Allen Frank McNulty Andrews Frost Meek (FL) The SPEAKER pro tempore (Mr. LATOURETTE). The question is on the Baca Gephardt Meeks (NY) LATOURETTE). Is there objection to the resolution. Baird Gonzalez Menendez request of the gentleman from Okla- The question was taken; and the Baldacci Gordon Millender- homa? Baldwin Green (TX) McDonald Speaker pro tempore announced that Barcia Gutierrez Miller, George There was no objection. the ayes appeared to have it. Barrett Harman Mink f RECORDED VOTE Becerra Hastings (FL) Mollohan Berkley Hilliard Moore b 1315 Mr. FROST. Mr. Speaker, I demand a Berman Hinchey Moran (VA) recorded vote. Berry Hinojosa Morella MOTION TO ADJOURN A recorded vote was ordered. Blagojevich Hoeffel Murtha The SPEAKER pro tempore. This Blumenauer Holden Nadler Mr. TAYLOR of Mississippi. Mr. Bonior Holt Napolitano Speaker, I move that the House do now will be a 5-minute vote. Borski Honda Neal The vote was taken by electronic de- Boswell Hooley Oberstar adjourn. vice, and there were—ayes 216, noes 200, Boyd Hostettler Obey The SPEAKER pro tempore (Mr. Brady (PA) Hoyer Olver not voting 18, as follows: LATOURETTE). The question is on the Brown (FL) Inslee Ortiz motion to adjourn offered by the gen- [Roll No. 136] Brown (OH) Jackson (IL) Owens Capps Jefferson Pallone tleman from Mississippi (Mr. TAYLOR). AYES—216 Capuano John Pascrell The question was taken; and the Aderholt Cooksey Goodlatte Cardin Johnson (CT) Pastor Speaker pro tempore announced that Akin Cox Goss Carson (IN) Johnson, E. B. Payne Armey Crenshaw Graham Carson (OK) Jones (OH) Pelosi the noes appeared to have it. Bachus Cubin Granger Castle Kanjorski Phelps RECORDED VOTE Baker Culberson Graves Clay Kaptur Pomeroy Ballenger Cunningham Green (WI) Clayton Kennedy (RI) Price (NC) Mr. TAYLOR of Mississippi. Mr. Barr Davis, Jo Ann Greenwood Clement Kildee Rahall Speaker, I demand a recorded vote. Bartlett Davis, Tom Grucci Clyburn Kilpatrick Rangel A recorded vote was ordered. Barton Deal Gutknecht Condit Kind (WI) Rivers The vote was taken by electronic de- Bass DeLay Hall (TX) Conyers Kleczka Rodriguez Bereuter DeMint Hansen Costello Kucinich Roemer vice, and there were—ayes 35, noes 375, Biggert Diaz-Balart Hart Coyne Lampson Ross not voting 24, as follows: Bilirakis Doolittle Hastings (WA) Cramer Langevin Rothman [Roll No. 137] Blunt Dreier Hayes Crowley Lantos Roybal-Allard Boehlert Duncan Hayworth Cummings Larsen (WA) Rush AYES—35 Boehner Dunn Hefley Davis (CA) Larson (CT) Sabo Abercrombie Greenwood Mink Bonilla Ehrlich Herger Davis (IL) Lee Sanchez Allen Hastings (FL) Olver Bono Emerson Hill DeFazio Levin Sanders Berman Hinchey Owens Boozman English Hilleary DeGette Lewis (GA) Sandlin Berry Holt Pallone Brady (TX) Everett Hobson Delahunt Lipinski Sawyer Brady (PA) Johnson, E. B. Schakowsky Brown (SC) Ferguson Hoekstra DeLauro Lofgren Schakowsky Capuano Jones (OH) Shows Bryant Flake Horn Deutsch Lowey Schiff DeFazio Langevin Burr Fletcher Houghton Dicks Lucas (KY) Scott Slaughter Delahunt Lee Stark Buyer Foley Hulshof Dingell Luther Serrano Dingell McDermott Tanner Callahan Forbes Hunter Doggett Lynch Sherman Doggett McGovern Taylor (MS) Calvert Fossella Hyde Dooley Maloney (NY) Shows Filner McIntyre Waters Camp Frelinghuysen Isakson Doyle Markey Slaughter Frank Miller, George Cannon Gallegly Israel Edwards Mascara Smith (WA) Cantor Ganske Issa Ehlers Matheson Snyder NOES—375 Capito Gekas Istook Engel Matsui Solis Ackerman Baca Baldwin Chabot Gibbons Jenkins Eshoo McCarthy (MO) Spratt Aderholt Bachus Ballenger Chambliss Gilchrest Johnson (IL) Etheridge McCarthy (NY) Stark Akin Baird Barcia Coble Gillmor Johnson, Sam Evans McCollum Stenholm Andrews Baker Barr Collins Gilman Jones (NC) Farr McDermott Strickland Armey Baldacci Barrett Combest Goode Keller Fattah McGovern Stupak

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.007 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2265 Bartlett Ganske Matheson Shimkus Tauscher Walden The Chair recognizes the gentleman Barton Gekas Matsui Shuster Tauzin Walsh from Arizona (Mr. STUMP). Bass Gephardt McCarthy (MO) Simmons Taylor (NC) Wamp Becerra Gibbons McCarthy (NY) Simpson Terry Watkins (OK) Mr. STUMP. Mr. Chairman, I yield Bereuter Gilchrest McCollum Skeen Thomas Watt (NC) myself such time as I may consume. Berkley Gillmor McCrery Skelton Thompson (CA) Weiner Mr. Chairman, on May 1 the Com- Biggert Gilman McHugh Smith (MI) Thompson (MS) Weldon (FL) mittee on Armed Services reported Bilirakis Gonzalez McInnis Smith (TX) Thornberry Weldon (PA) Smith (WA) Thune H.R. 4546 on a strong bipartisan vote of Blagojevich Goode McKeon Weller Snyder Thurman Blumenauer Goodlatte McKinney Wexler 57 to one. The bill authorizes appro- Blunt Gordon McNulty Solis Tiahrt Whitfield priations for the Department of De- Boehlert Graham Meek (FL) Souder Tiberi Wicker Boehner Granger Meeks (NY) Spratt Tierney fense and for the Department of Energy Wilson (NM) Bonilla Graves Menendez Stearns Toomey national security programs for a total Wilson (SC) Bonior Green (TX) Mica Stenholm Towns of $383 billion in budget authority, con- Wolf Bono Green (WI) Millender- Strickland Turner sistent with the President’s budget and Boozman Grucci McDonald Stump Udall (CO) Woolsey Borski Gutierrez Miller, Dan Stupak Udall (NM) Wu with the House-passed budget resolu- Boswell Gutknecht Miller, Gary Sullivan Upton Wynn tion. Boyd Hall (TX) Miller, Jeff Sununu Velazquez Young (AK) Over the next few hours, we will de- Brown (FL) Hansen Mollohan Sweeney Visclosky Young (FL) Tancredo Vitter bate and explain the many initiatives Brown (OH) Hart Moore contained in this bill to support and Brown (SC) Hastings (WA) Moran (KS) NOT VOTING—24 Bryant Hayes Moran (VA) strengthen our Armed Forces during Burr Hayworth Morella Bentsen Harman Riley this critical period in our Nation’s his- Bishop Hoyer Buyer Hefley Murtha Roukema tory. I am pleased to once again be able Callahan Herger Myrick Boucher Jackson-Lee Smith (NJ) Calvert Hill Nadler Brady (TX) (TX) Traficant to report to my colleagues that this Camp Hilleary Napolitano Burton Maloney (CT) Watson (CA) legislation embodies the same bipar- Cannon Hilliard Neal Crane Meehan Watts (OK) Dicks Ose tisan spirit that has guided U.S. na- Cantor Hinojosa Nethercutt Waxman tional security policy for decades. Capito Hobson Ney Goss Pelosi Capps Hoeffel Northup Hall (OH) Reyes It provides for pay, housing, fiscal Cardin Hoekstra Norwood b 1332 and physical well-being of our Armed Carson (IN) Holden Nussle Forces members and their families. It Carson (OK) Honda Oberstar Mr. ISRAEL changed his vote from provides for the research and acquisi- Castle Hooley Obey ‘‘aye’’ to ‘‘no.’’ tion of our military arsenal so critical Chabot Horn Ortiz So the motion to adjourn was re- Chambliss Hostettler Osborne to maintaining our combat edge on the Clay Houghton Otter jected. battlefield. It provides for the re- Clayton Hulshof Oxley The result of the vote was announced sources and tools to properly train our Clement Hunter Pascrell as above recorded. Clyburn Hyde Pastor forces to be ready to defend our free- Coble Inslee Paul f doms around the world at a moment’s Collins Isakson Payne REMOVAL OF NAME OF MEMBER notice, and it also provides for our Na- Combest Israel Pence Condit Issa Peterson (MN) AS COSPONSOR OF H.R. 448 tion’s military retirees, who devoted a Conyers Istook Peterson (PA) Mr. FILNER. Mr. Speaker, I ask better time of their lives for this coun- Cooksey Jackson (IL) Petri unanimous consent that I be removed try. Costello Jefferson Phelps Mr. Chairman, this is a very good Cox Jenkins Pickering as a cosponsor of H.R. 448. Coyne John Pitts The SPEAKER pro tempore (Mr. bill. It follows the spending blueprints Cramer Johnson (CT) Platts LATOURETTE). Is there objection to the set forth by the President to make his Crenshaw Johnson (IL) Pombo request of the gentleman from Cali- defense budget the largest since 1990. It Crowley Johnson, Sam Pomeroy also marks the largest single-year in- Cubin Jones (NC) Portman fornia? Culberson Kanjorski Price (NC) There was no objection. crease in defense spending since 1966. Cummings Kaptur Pryce (OH) By marking the fifth consecutive Cunningham Keller Putnam f year of real increases in defense spend- Davis (CA) Kelly Quinn BOB STUMP NATIONAL DEFENSE Davis (FL) Kennedy (MN) Radanovich ing, we are starting to dig out of the Davis (IL) Kennedy (RI) Rahall AUTHORIZATION ACT FOR FIS- budget hole that we created after 13 Davis, Jo Ann Kerns Ramstad CAL YEAR 2003 years of budget cuts. Our Armed Davis, Tom Kildee Rangel Forces, while still the most formidable Deal Kilpatrick Regula The SPEAKER pro tempore. Pursu- DeGette Kind (WI) Rehberg ant to House Resolution 415 and rule fighting force on the planet, face seri- DeLauro King (NY) Reynolds XVIII, the Chair declares the House in ous and fundamental choices in the DeLay Kingston Rivers years ahead. This presents both an op- DeMint Kirk Rodriguez the Committee of the Whole House on Deutsch Kleczka Roemer the State of the Union for the consider- portunity and a risk if the choices we Diaz-Balart Knollenberg Rogers (KY) ation of the bill, H.R. 4546. make are not prudent and do not hedge Dooley Kolbe Rogers (MI) on our bets against the inevitable sur- Doolittle Kucinich Rohrabacher b 1331 prises and challenges that may lie Doyle LaFalce Ros-Lehtinen Dreier LaHood Ross IN THE COMMITTEE OF THE WHOLE ahead. Duncan Lampson Rothman Accordingly, the House resolved The bill before the House sets a pru- Dunn Lantos Roybal-Allard itself into the Committee of the Whole dent course. It recognizes today’s new Edwards Larsen (WA) Royce Ehlers Larson (CT) Rush House on the State of the Union for the reality and accelerates and emphasizes Ehrlich Latham Ryan (WI) consideration of the bill (H.R. 4546) to new tools necessary for the critical Emerson LaTourette Ryun (KS) authorize appropriations for fiscal year fight against terrorism. It makes sure Engel Leach Sabo 2003 for military activities of the De- that our most precious military com- English Levin Sanchez Eshoo Lewis (CA) Sanders partment of Defense, and for military modity and resource, our men and Etheridge Lewis (GA) Sandlin construction, to prescribe military per- women in uniform, are properly com- Evans Lewis (KY) Sawyer sonnel strengths for fiscal year 2003, pensated and taken care of. Everett Linder Saxton AMP It also makes sure we do not forget Farr Lipinski Schaffer and for other purposes, with Mr. C Fattah LoBiondo Schiff in the chair. the basics, the unglamorous elements Ferguson Lofgren Schrock The Clerk read the title of the bill. of the defense budget necessary to Flake Lowey Scott The CHAIRMAN. Pursuant to the make sure it works when called upon. Fletcher Lucas (KY) Sensenbrenner Foley Lucas (OK) Serrano rule, the bill is considered as having Mr. Chairman, on a personal note, Forbes Luther Sessions been read the first time. this marks the last defense authoriza- Ford Lynch Shadegg Under the rule, the gentleman from tion bill that I will have the privilege Fossella Maloney (NY) Shaw Arizona (Mr. STUMP) and the gen- to manage before this great House. It Frelinghuysen Manzullo Shays Frost Markey Sherman tleman from Missouri (Mr. SKELTON) has been an honor to serve and have Gallegly Mascara Sherwood each will control 30 minutes. the trust of my colleagues to be able to

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.008 pfrm15 PsN: H09PT1 H2266 CONGRESSIONAL RECORD — HOUSE May 9, 2002 lead two great committees over the tleman from Arizona (Mr. STUMP) for Our members participated fully, Mr. past 8 years, and I will greatly miss the his great service to our country, not Chairman; and I think we have put to- friendship and bipartisanship, the sense only in the House of Representatives, gether a good package. I want to again of mission that allows the Committee but also as a 16-year-old kid who joined thank the chairman of the full com- on Veterans Affairs and the Committee the U.S. Navy in World War II. That mittee for this opportunity. on Armed Services to quietly and effec- great ethic of service to the Nation has Mr. SKELTON. Mr. Chairman, I yield tively do their important work on be- carried through, and the gentleman 2 minutes to the gentleman from Texas half of our Nation’s veterans and mili- from Arizona (Chairman STUMP) has (Mr. ORTIZ). tary forces. put together a great bill which is es- (Mr. ORTIZ asked and was given per- I urge my colleagues to support this sential to this country right now be- mission to revise and extend his re- important legislation. cause we are in a war. marks.) Mr. Chairman, I reserve the balance I made a few comments during the Mr. ORTIZ. I thank the gentleman of my time. rule that I think covered to some de- for yielding time to me, Mr. Chairman. Mr. SKELTON. Mr. Chairman, I yield gree my work and the work of the Sub- Mr. Chairman, I rise in strong sup- myself 2 minutes. committee on Military Research and port of H.R. 4546, the Bob Stump Na- Mr. Chairman, I urge my colleagues Development and our contribution to tional Defense Authorization Act for to support the Bob Stump National De- the bill. Fiscal Year 2003. fense Authorization Act for Fiscal Year Basically, we are working to try and Mr. Chairman, I want to specifically 2003. This bill, properly so, is named in put some money into some high-lever- address the provisions in the act relat- honor of our chairman, who has stated age areas. We have done a pretty good ing to military readiness. First, I his intention not to return to this job along those lines. There is missiles thank the Subcommittee on Military body; and I thank him for the work and missile defense. That is the ability Readiness leadership and my col- that he has done on the bipartisan to stop missiles, from the slow-moving leagues on both sides of the committee amendment within the committee SCUDS, or the Model-Ts of the offen- here for doing a great job, and at the itself. sive missiles, all the way up to the fast same time to the staff for doing a great The committee unanimously named ICBMs that can be thrown all the way job, and for the manner in which they this bill for him. This is an excellent across a great ocean at a nation. Our conducted the business of the sub- bill. It passed by a vote of 57 to one. It ability to stop those missiles right now committee this session. authorizes $393 billion for defense pro- does not exist except in the very low- I also wants to express my apprecia- grams, which includes $15.5 billion for performance area, and we are moving tion to my good friend, the gentleman the Department of Energy defense-re- aggressively with a $7.9 billion pro- from Arizona (Chairman STUMP), who lated matters. gram. has now decided to retire, for his The bill makes a number of vital The leader of that program, General friendship and for his leadership these readiness and modernization improve- Kadish, is, I think, acknowledged by last few years that we have worked to- ments, and it does a good job in keep- Democrats and Republicans to be an gether. Mr. Chairman, we are going to ing our forces the best trained and the extraordinary steward of this program. miss you. best equipped in the world. The qual- We have given him some very broad ity-of-life issues are excellent for our funding categories in missile defense; Also, I say thanks to the gentleman servicemembers and their families. In and we have told him to go out and test from Colorado (Mr. HEFLEY) for his per- particular, there is a 4.1 percent pay this stuff, test it in very difficult situa- sonal involvement and the extraor- raise, with targeted raises, and I am tions, put a lot of stress on the sys- dinary steps he took in getting us to also pleased to state that there is an tems, and throw out the losers and pro- this point in developing the readiness increase in the end strength for all mote the winners. That means to spend portion of fiscal year 2003. Although we services, a much, much needed im- money where it is going to be effective worked at an accelerated pace this ses- provement. for American security. sion, we had an opportunity to see Many missions are being performed So we have given General Kadish a readiness through a different set of by our men and women in uniform that great deal of discretion. I think it is eyes, the eyes of the leaders of the sol- make it clear that we need more peo- discretion well placed. We have kept diers, sailors, and airmen who are en- ple. There is an increase of some $4 that budget very well funded. trusted with the awesome responsi- million in military construction and Lastly, Mr. Chairman, we have put bility of carrying out our responsi- family housing that also adds to the money in a couple of vulnerable areas. bility at the forefront, in harm’s way. quality of life. We were able to increase We have put money in the area that We heard them talk about the funding for procurement, research and has been a real concern to the United charges of repair parts, the extra hours development, and military construc- States, and that is our ability to de- they spent trying to maintain old tion. fend our ships against increasing per- equipment, and the difficulties encoun- My principal reservations with this formance of antiship missiles that po- tered in trying to conduct realistic bill do concern matters relating to the tential adversaries are developing training. While we in this body may environment and nuclear weapons pol- around the world. differ on some policies and program ob- icy. But with that said, at the end of We have also put some money, some jectives, we in the subcommittee were the day, Mr. Chairman, this is an excel- additional dollars, into our mine-clear- able to get a better appreciation of the lent bill. It will help our readiness; it ing and mine-detection capability, a challenges that they face in performing will help our troops, whether they be very important area for us because now their duties. For their effort, we can all on the field or on post or on base in we are moving from the deep ocean be proud of it. this country. We are very proud of Navy and deep ocean conflict scenarios Mr. Chairman, the readiness provi- what they do, so this is a major step in into the so-called littorals, right up sion in this bill reflects some of the supporting them. against the shore where minefields are steps I believe are necessary with the Mr. Chairman, I reserve the balance going to play an increasing role. So we dollars available to make their task of my time. have put money there. easier. It does not provide all that is Mr. STUMP. Mr. Chairman, I am Also we see some potential adver- needed. Much more funding could be pleased to yield 3 minutes to the gen- saries building now these new sub- used. At the same time, I believe that tleman from California (Mr. HUNTER), marine classes, mainly diesel subs, but this is a good bill. I encourage our chairman of our Subcommittee on subs that are very quiet that can hold Members of the House to vote for a Military Research and Development. choke points that can cause us severe very responsible bill. Mr. HUNTER. Mr. Chairman, I thank problems in strategic areas of the Mr. STUMP. Mr. Chairman, I am the gentleman for yielding time to me. world and where our ability to detect pleased to yield 3 minutes to the gen- Mr. Chairman, I just wanted to join those submarines is critical. So we tleman from New Jersey (Mr. SAXTON), the other members of the Committee have put more money in research and the chairman of our Subcommittee on and of the House in thanking the gen- development against those areas. Military Construction.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.049 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2267 b 1345 that extent, we have included monies (Mr. TAYLOR), I disagree with him on Mr. SAXTON. Mr. Chairman, I rise in to enhance quality of life and to pro- base closure but he had every right to strong support of H.R. 4546, the Bob vide the necessary facilities in this re- bring his amendment to this floor; the Stump Authorization Act for Fiscal gard. gentleman from Connecticut (Mr. Year 2003. Last week the Committee on So, Mr. Chairman, I ask everyone to MALONEY) and the gentleman from Armed Services, as has been said here a support this bill today. I hope it will be Maine (Mr. ALLEN), both excellent couple of times previously, voted on a another great bipartisan vote at the members of the Committee on Armed great bipartisan vote, almost unani- conclusion of the debate, which will Services; the gentleman from Texas mously, to continue the committee’s occur sometime around 8 o’clock, and (Mr. FROST), the ranking member on tradition of bipartisanship in address- let me again thank my friend the gen- the Committee on Rules and a strong ing the defense needs of this Nation. tleman from Arizona (Mr. STUMP) for supporter of our national defense, was As we should expect, this bill con- his wonderful work as chairman of this denied an amendment; the gentleman tains several initiatives that will aid committee. from South Carolina (Mr. SPRATT) de- the Armed Services in their ongoing Mr. SKELTON. Mr. Chairman, I yield nied an amendment. war against terrorism on behalf of the 2 minutes to the gentleman from Ar- This arrogance of power, Mr. Chair- American people and, indeed, on behalf kansas (Mr. SNYDER) for purposes of de- man, has to stop in this body. of the citizens of the world. I have the bate. Mr. STUMP. Mr. Chairman, I yield 3 honor of chairing two bodies involved Mr. SNYDER. Mr. Chairman, I want minutes to the gentleman from Colo- in this effort, the Special Oversight to extend my thanks to the gentleman rado (Mr. HEFLEY), the chairman of our Panel on Terrorism and the Sub- from Arizona (Mr. STUMP) for the great Subcommittee on Readiness. committee on Military Installations work he has done throughout his ca- Mr. HEFLEY. Mr. Chairman, I would and Facilities. reer in this House. He has also been my be remiss if I did not recognize the con- The Special Oversight Panel on Ter- chairman on the Committee on Vet- tribution of the gentleman from Ari- rorism has been extremely active in erans’ Affairs and I very much appre- zona (Mr. STUMP), who leads our com- educating Members of the clandestine ciate him. And to the gentleman from mittee, and the gentleman is truly a ways of terrorists and seeking innova- New York (Mr. MCHUGH), who is the great American. I do not throw that tive ways to protect American forces. chairman of the Subcommittee on Per- phrase around very casually. He has led The Subcommittee on Military instal- sonnel, of which I am ranking member. the committee well. I think he has the lations and Facilities has also been ex- This bill has many, many good things respect of his entire committee. We are tremely active in our area of responsi- in it, including a pay raise for our men going to miss him. It is a bad decision bility in approving a multitude of im- and women in uniform. It decreases the to leave the House of Representatives portant projects necessary for im- out-of-pocket expenses for housing. and leave us behind. We love the gen- proved force protection of military There is an increase in end strength, tleman, and I have appreciated the op- bases. recognizing the realities of the world portunity to serve with him and call This bill does much more than en- that we are facing today. him a friend. force protection, however, and I want I also want to say a word about Mr. Chairman, I rise today in strong to be sure that Members know that TRICARE, which has been a very good support of H.R. 4546, the National De- this need was carefully addressed by program, improving over the last cou- fense Authorization Act for Fiscal Year approving only projects that were re- ple of years, but we have some poten- 2003. I believe the committee has done quested by the Department of Defense tial problems with it and this bill in- a superb job in fulfilling its role in and by making sure that these monies cludes within it a mandate that GAO oversight of the Department of Defense will be spent well. study some of the potential problems and has done its best to provide the I want to also thank Tom Hawley, with TRICARE. Specifically, one is necessary funding to improve the read- our staffer, for all of the work that he some of the paperwork problems that iness of our military forces. did in making sure that necessary our providers are facing, like Let us not forget, however, that for measures were put in place in a very ef- preauthorization. We had a lengthy many years we have seen our military ficient way. hearing at the subcommittee level do more and more with less and less, Also, always I work closely with my about the problems they are having, and now as we are engaged in the war counterpart and good friend the gen- and this is leading to provider dropout. on terrorism we are asking our mili- tleman from Ohio (Mr. HOBSON) of the And while the overall numbers look tary men and women to do even more. Subcommittee on Military Construc- good, which is 97 percent of physicians The budget requests for fiscal year 2003 tion of the Committee on Appropria- stay with the program, many of them contains some significant increases in tions to develop the MILCON program are limiting the number of TRICARE defense spending and an effort by the for 2003. The gentleman from Ohio (Mr. patients they are seeing or are not see- Department of Defense to fully fund HOBSON) and our ranking members the ing new patients, and this is a problem their stated requirements. We are all gentleman from Hawaii (Mr. ABER- for us. So we look forward to those heartened that these increases make a CROMBIE) and the gentleman from Mas- studies. good attempt at arresting the decline sachusetts (Mr. OLVER) have worked This bill passed the committee by a in military readiness and begin the closely with all interested parties to vote of 57 to 1, and thanks to the gen- process of rebuilding and restoring our build a program that supports the De- tleman from Arizona’s (Mr. STUMP) military forces. partment of Defense on addressing leadership and the way he conducts the To accomplish this, the administra- major facilities and quality of life committee, we had a very vigorous de- tion has had to significantly increase shortfalls. bate. It went on all day with multiple critical readiness funding this year as Mr. Chairman, let me say in closing votes. The result was a 57 to 1 bill that compared to last year. As an example, that this chart I have here to my left came out of the committee. air, ground, and sea operations as well represents, I believe, the crux of what However, the spirit of the House as training and training range oper- we did on this year’s military installa- Committee on Armed Services is incon- ations have increased by $2.1 billion. In tion facilities authorization bill. H.R. sistent with the rule that brought this addition, base operations accounts re- 4546 includes $10 billion for military bill before us today. It was said this quired for the day-to-day operation of construction and family housing ac- was a structured rule. It was struc- our military facilities have increased counts, including $2 billion for quality tured to stifle debate and to avoid un- by $1.2 billion. These increases are of life enhancement. This is extremely comfortable votes for Members. That is fully supported in this bill. important, as all the members of the not consistent with a great democracy The committee has included two pro- Committee on Armed Services are at this critical time in history. You visions that I believe strike a needed aware, because in an all-volunteer look at some of the Members who were balance between the needs of our mili- Army if we cannot attract good sailors, denied to bring amendments, some of tary to adequately and effectively soldiers, Marines and airmen then our the most respected Members of this train for combat and the need to pro- military capabilities will suffer. To House: The gentleman from Mississippi tect our environment. First, we have

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.052 pfrm15 PsN: H09PT1 H2268 CONGRESSIONAL RECORD — HOUSE May 9, 2002 included an amendment to the Endan- I had submitted an amendment with aim is to kill as many Americans as ger Species Act that will weigh the im- the gentleman from Maine (Mr. ALLEN) possible. pact of national security along with ex- to have a more balanced sense of Con- Now, as our nuclear weapons are isting obligations under current law gress on nuclear policy. Our amend- aging beyond their intended design life, not to take any action that will result ment had several common sense provi- it is going to be a very difficult job to in the extinction of or harm to an en- sions, including restoring the Presi- keep them safe and reliable and cred- dangered or threatened species. dent’s ability to pursue sensible reduc- ible, to keep the people, the infrastruc- Second, we have included an amend- tions in the nuclear stockpile, encour- ture, the scientific knowledge we have ment in the Migratory Bird Treaty Act aging conventional ‘‘bunker buster’’ to have to make sure that that deter- to permit the Fish and Wildlife Service weapons rather than nuclear ones, and rent is credible and does work. This bill to issue a permit to the Department for exploring all the implications of re- takes important steps in that direction the accidental taking of migratory suming underground testing instead of and it ought to be supported. birds incidental to authorized military going full steam ahead with them. Mr. SKELTON. Mr. Chairman, I yield readiness activities. I had also prepared an amendment to 7 minutes to the gentlewoman from These and all segments of the Sub- extend our Nation’s nonproliferation Georgia (Ms. MCKINNEY) for debate pur- committee on Readiness part of this efforts to countries like Pakistan and poses only. bill and in fact of the bill as a whole India. Ms. MCKINNEY. Mr. Chairman, I were very bipartisan. As was already Mr. Chairman, despite the limita- voted against this defense authoriza- mentioned, the bill passed out of com- tions the Committee on Rules has tion bill in committee, and I plan to mittee 57 to 1. It is not a Democratic placed on debate, I encourage Members vote against it on the floor. This bill bill. It is not a Republican bill. It is a to vote for the defense authorization represents the largest real increase to bill for the defense of this Nation. bill today, but I also hope that Mem- defense spending since 1966. It contains Mr. Chairman, H.R. 4546 is a respon- bers recognize that there are many pro- over $40 billion more spending than sible, meaningful bill that fairly allo- visions in this bill that take our Na- last year’s defense authorization, cates resources for the restoration of tion down a very dangerous path to- which was a huge authorization in acceptable readiness and an acceptable ward a new nuclear arms race. itself. This year’s defense budget in- quality of life for the men and women Mr. STUMP. Mr. Chairman, I yield 2 crease alone is greater than the defense of our military forces. To do anything minutes to the gentleman from Texas budget of nearly every other nation in less will allow the readiness of our (Mr. THORNBERRY) from the Depart- the world. military to slip further and could risk ment of Energy Panel. H.R. 4546 provides for over $383 bil- the lives of countless men and women Mr. THORNBERRY. Mr. Chairman, I lion in spending for the Pentagon and in every branch of the military. thank the chairman for yielding me the weapons programs of the Depart- Mr. SKELTON. Mr. Chairman, I yield time and for his years of service and ment of Energy. Unfortunately, this 2 minutes to the gentlewoman from leadership to our country in national new spending comes at the expense of California (Mrs. TAUSCHER) for pur- security. valuable programs for America’s fami- poses of debate. Mr. Chairman, I also appreciate the lies. Sadly, the Bush administration’s Mrs. TAUSCHER. Mr. Chairman, I work of all Members on the Depart- tax cut for the wealthy has blown the thank my colleague for yielding me ment of Energy Panel and, particu- Clinton surplus and reduced our ability time. larly, the partnership of the gentle- to fully fund important programs like Mr. Chairman, I would also like to woman from California (Mrs. job training, prescription drug benefit, add my thanks to the gentleman from TAUSCHER). conservation spending and much more. Arizona (Mr. STUMP) for his leadership, For 57 years nuclear weapons have and I wish him every best wish. played a central role in maintaining b 1400 Mr. Chairman, I intend to vote for our freedom and in preventing the kind The one-sided priorities of this bill the defense authorization bill today be- of world wars which plagued the early reflect the belief that national security cause it does many good things. This part of the 20th century. There can be rests in occupying foreign capitals and bill will help us fight the war against no doubt that nuclear weapons will overthrowing regimes, as our Secretary terrorism and it gives our military continue to be central to our security of Defense told us in committee, rather men and women a well-deserved pay as long as any of us are around. than in domestic tranquillity and qual- raise. But I am concerned, Mr. Chair- Nuclear weapons exist. We cannot ity of life for America’s people. man, about the direction this bill takes uninvent them. We cannot wipe them In addition to the singular focus of regarding our Nation’s national nu- off the memory banks of human knowl- our national security attention, there clear weapons policy. edge, and we should not try to stick are problems within the Pentagon that This bill encourages the United our heads in the sand and wish them raise questions about such immense States to develop new nuclear weapons away. The facts, Mr. Chairman, are spending. for first time since 1990. It clears the that 12 countries now have nuclear On September 10, 2001, Defense Sec- way for underground nuclear testing in weapon programs, 13 countries have bi- retary Rumsfeld stated that ‘‘accord- Nevada. It endorses arming ballistic ological weapons programs, 16 coun- ing to some estimates, we cannot track missile defenses with nuclear warheads tries have chemical weapons programs, $2.3 trillion in transactions.’’ Such a and encourages arbitrary caps on the according to the administration, and lack of financial accountability under- number of nuclear weapons that could that does not count other groups, like mines the integrity of the Pentagon. be removed from the Nation’s nuclear al Qaeda, who are trying to acquire How much more inefficiencies, finan- stockpile. them. cial loss and wasteful spending can the I will offer an amendment today to The United States does not have American people tolerate? require the Department of Energy to chemical and biological, so we must In any other area of enterprise, peo- provide Congress with options for re- have a strong nuclear deterrent to ple get more money when they prove ducing our nuclear arsenal more quick- deter use of those weapons of mass de- that they know what they do with ly than is called for in the Nuclear Pos- struction, and our deterrent must be what they have already got, what they ture Review. credible against a broader array of have gotten, but in the world of defense If President Bush reaches an agree- threats. Not only must we consider the spending, the Secretary can acknowl- ment with President Putin to reduce Russian weapons, but we must consider edge the loss of $2.3 trillion and get an nuclear weapons, we should be prepared various other kinds of weapons and almost unprecedented increase in fund- to make those reductions as quickly as threats and our deterrent must be cred- ing. possible, not wait 10 years. But I am ible, even against rogue states, even Additionally, the basis for such a disappointed, Mr. Chairman, that the against terrorists, even against under- large increase in spending is wholly un- Committee on Rules refused to make in ground targets. They must even be justified. order other amendments relating to credible to the kind of people we face The events of September 11 were a our nuclear weapons posture. in this war against terrorism whose tragedy to the entire Nation. However,

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.054 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2269 the attacks in New York, Pennsylvania untraditional methods such as trucks, We have underfunded the military and Virginia were not prompted by any ships or airplanes. consistently in both Democrat and Re- failure of the United States military, Rather than spending billions on a publican administrations for the past but instead were the result of a break- missile defense system, diplomacy 10 years. This bill begins to correct down in our intelligence community. through arms control and disarmament that, but it does not solve all of those In fact, just last week Yahoo News re- agreements will be much more effec- problems. We are asking for some relief ported that CIA Deputy Director of Op- tive in advancing peace and security in in this bill. Nothing out of the ordi- eration James Pavitt ‘‘dismissed the days and years ahead and will cost nary. charges the CIA was caught unaware far less than a Star Wars system. We want to stop the encroachment by September 11 suicide attacks in the Though it deeply troubles me that that costs us more money that stops United States’’ and that ‘‘the CIA knew one of the first acts of our President our troops from training. This is in no the network led by Saudi-born militant after declaring this war on terrorism way, shape, or form a rollback of envi- Osama bin Laden was planning a major was to sign an executive order denying ronmental laws. I would not support strike.’’ previously promised high deployment that, as a Republican proud of my envi- Similarly, a Washington Post article overtime pay to our servicemen and ronmental voting record. It does say dated May 3, 2002, stated, ‘‘Two months women, the personnel and compensa- that when we take 85 percent of Red before the suicide hijackings, an FBI tion section of this bill takes impor- Beach at Camp Pendleton where our agent in Arizona alerted Washington tant steps for our servicemen and Marines have to train and say 85 per- headquarters that several Middle East- women. Though I am opposed to this cent of that base or that training area, erners were training at a U.S. aviation act, I greatly respect the individual that beach cannot be used because of school and recommended contacting members of our armed services for an endangered species, is a little bit ri- other schools nationwide.’’ The article their service and sacrifice in the name diculous, especially when we consider continued, stating that ‘‘law enforce- of our Nation. if we look at the numbers of all the ment officials said in retrospect the However, Mr. Chairman, despite Federal agencies that have land, the FBI believes it should have accelerated whatever good this bill does for our Pentagon controls the smallest amount the suggested check of U.S. flight servicemen and women and our vet- of land, yet has the largest number of schools.’’ erans, it is still entirely too large and endangered species of any other Fed- I must say that I was pleasantly sur- takes us down the wrong policy track. eral agency and, in my opinion, does prised by Secretary Rumsfeld’s can- Additionally, as our defense spending the most effective job possible in pro- cellation of the Crusader program this increases year after year, sacrifices tecting wildlife and protecting endan- week, and I was pleased to receive a made in domestic spending never seem gered species. phone call from the Pentagon to that to be corrected. From resuming nu- All we ask for is some limited relief effect. However, it must be noted that clear testing to advancing nuclear- to allow our military personnel to be I had an amendment to cut the Cru- tipped missile defense, from the roll- properly trained; nothing more. This is sader because, among other things, it back of environmental laws, to pork- not an attempt to roll back environ- experienced cost overruns and was too barreling weapons systems, this bill is mental laws in any way, shape, or heavy and too large to get anywhere big, and it could have been a lot better. form. In the other areas of the bill, I think fast at any kind of rapid response. Mr. STUMP. Mr. Chairman, I am I would also note that the Crusader is pleased to yield 3 minutes to the gen- we make a good faith effort in missile a weapons system that has connections tleman from Pennsylvania (Mr. defense, in systems and programs. Again, it is not perfect, but we do pro- to the Carlyle Group which employs WELDON), the chairman of our Sub- vide some great increases in assistance the President’s father. $475 million is a committee on Military Procurement of for our troops in the personnel area, lot of money. Sadly, the President re- the Committee on Armed Services. and I think we make a good down pay- quested half a billion dollars for the (Mr. WELDON of Pennsylvania asked ment on modernization and research Crusader weapons system but cancelled and was given permission to revise and extend his remarks.) for the future. our commitment to pay high deploy- So I encourage my colleagues to Mr. WELDON of Pennsylvania. Mr. ment overtime pay to our troops. work with us through this process. We However, the fight to kill the Cru- Chairman, I thank our distinguished will be offering, I think, a very innova- sader is not over. Despite the cancella- chairman, the gentleman from Arizona tive series of amendments on the nu- (Mr. STUMP) for yielding me the time, tion, language in this bill will seek to clear posture of this country that will and I want to start off again by thank- keep Crusader alive. The Committee on revolutionize our relationship with ing our chairman and our ranking Armed Services and the House should Russia. I look forward to voting in a member, two of the great patriots of not allow that to happen. The Crusader positive way on this bill, and I ask our has been rightly cut. It should remain this institution, this country, for their colleagues to vote yes on the final pas- that way, and the half billion dollars it outstanding work in bringing us a de- sage and to work with us to get the has freed up should go to reinstating fense bill that all of us can get behind. largest vote possible in showing that It is not a perfect bill. In fact, there the high deployment per diem that the our military has the support of Demo- President cancelled in October. are some amendments that I would like crats and Republicans. As by now my colleagues also know, to have seen offered that were not In closing, I want to thank my col- this bill creates exemptions for the made in order, and that is a part of the league and ranking member, the gen- Pentagon in the Endangered Species process, unfortunately, we go through. tleman from Mississippi (Mr. TAYLOR). Act and the Migratory Bird Treaty I am also not happy with the dollar He is one of the most tireless advocates Act, removes protections from public amount. Our chairman and ranking for the Navy in this Congress. He has lands, and creates horrendous prece- member made the best possible good fought hard and his work has paid off dent for wilderness areas. The Com- faith effort to increase funding, but it in an additional ship being funded in mittee on Armed Services is not where is woefully underfunding our mod- this bill. I thank my colleagues for our country’s environmental policy ernization. their leadership. should be made. Other Members who have spoken here Mr. SKELTON. Mr. Chairman, I yield With regard to missile defense, H.R. have talked about too much for de- 2 minutes to the gentleman from Mis- 4546 continues development of this dan- fense. Our soldiers today are fighting sissippi (Mr. TAYLOR). gerous, destabilizing and unreliable in tactical fighters that are 17 years Mr. TAYLOR of Mississippi. Mr. system. The authorization provides $7.8 old on average. Our Navy that at one Chairman, I want to thank my col- billion for missile defense following on time was 555 ships is now 314 ships. Our league and friend, the gentleman from the nearly $8 billion that was author- shipbuilding account is taking us down Pennsylvania (Mr. WELDON), for his ized last year. Yet the CIA’s own na- to a 235-ship Navy. The B–52 bomber kind words and for his good work on tional intelligence estimate states that will be 70 years old before it is retired. the procurement portion of this bill. attacks are much more likely using Our Chinook helicopters will be 60 Along with every other Member of weapons of mass destruction via years old. this body, I want to compliment the

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.057 pfrm15 PsN: H09PT1 H2270 CONGRESSIONAL RECORD — HOUSE May 9, 2002 gentleman from Arizona (Mr. STUMP) Mr. BARTLETT of Maryland. Mr. paid by service members from the cur- for being a great human being and a Chairman, I thank the gentleman from rent 11.3 percent to 71⁄2 percent in fiscal great American and a phenomenal Arizona (Mr. STUMP) for yielding me year 2003. chairman to our committee. the time. b 1415 My colleagues have noticed a lot of Mr. Chairman, I rise in strong sup- anger on the floor today, which is com- port of H.R. 4546, the National Defense Now, that might not mean much to pletely contrary to just one week ago Authorization Act for Fiscal Year 2003. us, but to people who are forced to in the Committee on Armed Services While I support the bill in its entirety move every few years, it is a very im- where every single Member who wanted and commend it to this body as must- portant issue, this issue of the cost of to offer an amendment to that bill was pass legislation, I want to especially housing for them. So that puts us on allowed to do so. Today, there are a emphasize the provisions in the bill re- the track to eliminate some of this number of us who felt like we could lating to morale, welfare and recre- heavy burden for our families that make a good bill a heck of a lot better ation activities of the Department of have men and women in uniform. The bill, for the first time, fully and save some American lives by offer- Defense and the military services. funds Concurrent Receipt, and estab- ing amendments. I have the honor to chair the Special lishes a program through which mili- The gentleman from Arizona (Mr. Oversight Panel of Morale, Welfare and tary retirees will receive increasing STUMP) actually went to the Com- Recreation which keeps a careful eye compensation. And by the year 2007, re- mittee on Rules and told them he on some very important quality-of-life tirees who are 60 percent or more dis- wanted most of those amendments put benefits for our military families, such abled will receive their full retirement in order. I thank the chairman for as commissaries and child care centers. pay and their disability. This is some- that, and I deeply regret that the Com- The MWR portion of H.R. 4546 is truly thing that our military retirees des- mittee on Rules chose not to make nonpartisan and was approved unani- perately need. many of these amendments in order. mously by both the panel and the full Unfortunately, this bill also contains I thank the gentleman for his efforts, committee without any amendments. provisions that undermine some of our particularly from the day he was 16 I have found the defense programs basic commitments to our Nation, in- years old, serving in the United States that are not nourished by the Congress cluding to try to reduce the prolifera- Navy till now serving us, and I also or the Pentagon quickly die away. tion of nuclear weapons. The bill gives wish he would change his mind and MWR programs are no different. While credence to the fact that the United stick around for a while. I agree with most of what this adminis- States should develop nuclear weapons The gentleman from Pennsylvania tration is doing, I believe the contin- capable of destroying hard and buried ELDON) talked on many of the (Mr. W ued pressure to privatize commissaries targets and use nuclear-tipped missiles needs of our Nation, and we have in- is misguided. The budget for the De- to intercept nuclear warheads. credible pressing needs, about 940 Huey fense Commissary Agency contained in I do not need to remind anyone that helicopters in inventory, the newest of this bill is about as low as I am pre- nuclear weapons have only been used which was built in 1972, that need to be pared to support without persuasive twice in the history of warfare, and the replaced. evidence that customer savings and United States has not designed or built As the gentleman from Pennsylvania service will not suffer. a new nuclear weapon since the Cold (Mr. WELDON) pointed out, the fleet has That said, I believe the budget before War. Mutually Assured Destruction, or now shrunk to 314 ships which is the my colleagues is adequate. To ensure MAD, is a policy relic of the Cold War; smallest it has been since 1933. That is the quality of customer service and and it should not be resurrected. It unacceptable. The President only continued savings, H.R. 4546 requires a should not be resurrected by us. asked for 5 ships this year which, inci- GAO study of DECA’s budget proposals Furthermore, this bill furthers the dentally, is 2 ships fewer than the Clin- as well as other measures to protect development of national missile de- ton administration asked for. I am the commissary benefit. fense with little congressional over- pleased Chairman WELDON chose to add In addition, the package before the sight. We may need a missile defense; an additional destroyer to that. That House will allow our deserving Na- but we need a structured one, one will take a step towards keeping the tional Guard soldiers called to State where we as a Congress look at it and fleet at the bare minimum size, and duty in time of national emergency, take full responsibility for what is hap- hopefully, the Senate will do even bet- like the present, to use commissary pening with its development. ter. stores. We had provided this privilege No bill is perfect. This one has a lack I want to point out that the bill does some years ago to guardsmen called to of acknowledgment by the Department contain almost a billion dollars for the duty for natural disasters and found of Defense to the members of our Com- development of the next generation of that we should have added national mittee on Resources with respect to destroyers, the DDX. I want to point emergencies as well. environmental issues, and this is very out the new attack submarine at $1.6 Of course, I thank our ranking Demo- shortsighted. billion was partially funded. crat, the gentleman from Guam (Mr. Aside from that, I will be voting for The committee, I think, wisely chose UNDERWOOD), for his wise counsel and the recommit and for this bill. to fund the Crusader program at about support in our shared responsibilities Mr. STUMP. Mr. Chairman, I yield 1 $475 million, and I do agree with Gen- to manage MWR matters for the com- minute to the gentleman from Ala- eral Shinseki, who is the chief of staff mittee, and I join him in urging all bama (Mr. EVERETT), a member of the of the United States Army, on the im- Members to vote for H.R. 4546. committee. portant need for this program, and I Mr. SKELTON. Mr. Chairman, I yield (Mr. EVERETT asked and was given have to take issue with the Secretary 2 minutes to the gentlewoman from permission to revise and extend his re- of Defense. I think it is necessary. I California (Ms. SANCHEZ). marks.) hope the committee will stick by its Ms. SANCHEZ. Mr. Chairman, I rise Mr. EVERETT. Mr. Chairman, I guns. today to voice my support for the Bob thank the gentleman, the chairman, I want to take this opportunity to Stump Defense Authorization Act for and my good friend, the gentleman thank the gentleman from Missouri Fiscal Year 2003. from Arizona (Mr. STUMP), for yielding (Mr. SKELTON) and the gentleman from I want to commend the gentleman me this time. I have served under him Arizona (Mr. STUMP) for the way they from Arizona (Mr. STUMP) and the gen- while he has been chairman of the have handled this committee and put tleman from Missouri (Mr. SKELTON) Committee on Armed Services and also this bill together. for the job they have done on this, and when he was chairman of the Com- Mr. STUMP. Mr. Chairman, I yield 2 everybody on the committee. mittee on Veterans’ Affairs. This minutes to the gentleman from Mary- We did have a good discussion last House will miss him. land (Mr. BARTLETT). week with this bill. This bill will help Let me speak about Army aviation (Mr. BARTLETT of Maryland asked solders and their families put more training. The Army continues to short and was given permission to revise and money in their pockets by reducing the fund the training budget of its heli- extend his remarks.) average amount of housing expenses copter pilots. To address this shortfall,

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.059 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2271 the committee took steps last year to modern equipment, and sufficient re- in restoring funding for the title XI begin funding the Army Aviation Insti- sources to do their job in protecting loan guarantee program, which gives tute Training Simulator program to our Nation. life to our vital shipbuilding industrial enhance pilot training at the Aviation I am proud of the work of the House base. War-fighting Center. Unfortunately, Committee on Armed Services and our I also welcome the creative provision the committee did not add funds for chairman, the gentleman from Arizona on ship scrapping, which helps States the program in this year’s authoriza- (Mr. STUMP), who has done an excellent acquire obsolete vessels for artificial tion bill due to the lack of resources. job in crafting a bill that will support reefs. There are, however, parts of this The Army is concerned with the our warfighters. Chairman STUMP is a bill that I do not support. First, it con- crash rate of the OH–58C/D. It is four hero of mine, and we will miss his tains three environmental provisions times greater than all other heli- great service in this body. not under the jurisdiction of the Com- copters in the fleet. The Army has an This bill is important for our Nation. mittee on Armed Services. They belong immediate need for high-fidelity OH– Our troops deserve a pay raise and we to the Committee on Resources, which 58C/D simulators to improve the crew provide that to them. We provide our was denied the opportunity to consider training of emergency procedures and troops and their families quality them. These provisions are a part of a other techniques on the aircraft. The health care and benefits which they last-minute stealth attempt by DOD to Army has identified the AAITS pro- have earned because of their service exempt itself from a variety of land- gram as the best way to provide this and sacrifice for our Nation. We pro- mark environmental laws. training. It is my hope that the defense vide significant funds for the develop- The package was submitted just 4 appropriators in both Houses will give ment of technologies that are needed days before committee markup, deny- strong consideration to a $15 million for our missile defense systems so that ing time for proper review. In the only add for six high-definition OH–58C/D we are better prepared to meet the fu- hearing, the majority refused to invite simulators. ture threats this country faces. State or local governments, environ- Mr. Chairman, I can’t think of a more impor- We increase the resources available mental groups, or any other non- tant responsibility than to train Army Aviators to combat terrorism, which is an im- administration witnesses to testify. in the best way possible, with the latest tech- mediate threat to the people of the Second, I disagree with the aggres- nologies available. The AAITS program meets United States of America. We increase sive nuclear policy language in the bill this challenge by using commercially available key readiness accounts so that we con- and report which endorses new nuclear technologies that are cost effective and ready tinue to increase our capabilities to weapons or new uses for such weapons. to be deployed today. support our warfighters who are ac- I am afraid that money spent to revi- Mr. SKELTON. Mr. Chairman, I yield tively engaged in protecting American talize and legitimize nuclear weapons 1 minute to the gentleman from New interests around the globe. will divert funds from weapons our York (Mr. HINCHEY). Let me say that this bill is also im- warfighters actually need for combat. I Mr. HINCHEY. Mr. Chairman, in portant for Georgia. We fund critical believe it will be destabilizing and lead spite of the best attempts of the gen- military construction projects at Rob- to new arms races. tleman from Arizona (Mr. STUMP) and ins Air Force Base, Fort Benning, Fort Finally, I am disappointed the com- the gentleman from Missouri (Mr. Stewart, and Kings Bay Navy sub- mittee did not make in order my SKELTON), this bill has become a polit- marine base. We fully funded the Presi- amendment to previous nuclear-tipped ical grab bag of extraneous material dent’s budget request for vital modern interceptors. The U.S. rejected that that has nothing to do with defense au- aircraft for our Air Force’s F–22 Raptor idea decades ago. thorization and has no place in this advanced tactical fighter, the C–17, the Mr. STUMP. Mr. Chairman, I yield 1 bill. C–130, and JSTARS, all of which are minute to the gentleman from Cali- I have time to cite just one example. important to my home State as well as fornia (Mr. CALVERT), a member of the Article 14 is a provision which contains our long-term national defense prior- committee. language that is destructive to our ef- ities. Mr. CALVERT. Mr. Chairman, I too forts to protect the environment in Mr. Chairman, terrorism and our na- want to thank the chairman, the gen- this country, particularly issues that tional security are not fleeting prob- tleman from Arizona (Mr. STUMP), for are destructive to the 1964 Wilderness lems. This bill addresses our needs on all his years of service. We will miss Act. That language undermines the terrorism from a force-protection him very much, but I know he will al- issue of wilderness as it is practiced by standpoint, and I urge the passage of ways be in our hearts. the Federal Government in areas all this bill. Mr. Chairman, in my home State of across the country. It is a special pro- Mr. SKELTON. Mr. Chairman, I yield California, environmental litigation vision. It is even a personal provision. 2 minutes to the gentleman from Maine may force the Fish and Wildlife Service It has no business in this bill. (Mr. ALLEN). to designate critical habitat for endan- Furthermore, we were not given the Mr. ALLEN. Mr. Chairman, I thank gered species on over 50 percent of the opportunities to present amendments the gentleman for yielding me this 125,000-acre Camp Pendleton in South- which could give the House the oppor- time, and I rise in support of the de- ern California. Even though there are tunity to debate this issue and to fense authorization bill. 17 miles of coastline in Camp Pen- strike these unwarranted and destruc- I commend the chairman, the gen- dleton, environmental restrictions tive provisions from the bill. That tleman from Arizona (Mr. STUMP), and allow the Marines to use less than 1 makes this bill unworthy of the House. the ranking minority member, the gen- mile of that coast, as designated on It ought to be withdrawn. We ought to tleman from Missouri (Mr. SKELTON), this drawing. One mile. That is it. That have an opportunity to debate this for putting together a good bill. It will small space. issue and those things ought to be enable today’s troops to succeed in the And once they get ashore, Marines brought before us. war in Afghanistan and makes invest- have to align everything and everyone Mr. STUMP. Mr. Chairman, I yield ments in the future to assure the U.S. up single file to weed through the land 11⁄2 minutes to the gentleman from military retains its edge. that has been designated critical habi- Georgia (Mr. CHAMBLISS), a member of I commend the bill’s shipbuilding ini- tat and cross Interstate 5 to another lo- the committee. tiative to fix the Pentagon’s paltry re- cation on the base to begin their ma- (Mr. CHAMBLISS asked and was quest in this area, and it sets an impor- neuvers. given permission to revise and extend tant marker for restoring funding for a Mr. Chairman, our Marines should be his remarks.) third DDG–51 destroyer. The Merchant training as they fight, not as if they Mr. CHAMBLISS. Mr. Chairman, I Marine panel, of which I am ranking are going out on some field trip. Our strongly support the fiscal year 2003 member, does quiet but important military is one of the best environ- Bob Stump National Defense Author- work to assure a healthy and viable mental stewards America has. They ization Act, which will provide critical U.S. maritime fleet. I thank the panel should not be forced to give up realistic resources for our military to ensure chairman, the gentleman from Cali- training on their own property to sat- that they have the adequate training, fornia (Mr. HUNTER), for his leadership isfy a few environmental extremists.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.062 pfrm15 PsN: H09PT1 H2272 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Proper training saves lives. We must Mr. STUMP. Mr. Chairman, I yield 1 under the provisions of the Fiscal Year not sacrifice the safety of our sons and minute to the gentleman from Florida 2002 National Defense Authorization daughters so that a gnatcatcher or a (Mr. BILIRAKIS). Act, this authorization requires the fairy shrimp can have an undisturbed (Mr. BILIRAKIS asked and was given President to submit legislation in his life. permission to revise and extend his re- annual budget request and Congress to Mr. SKELTON. Mr. Chairman, I yield marks.) enact this legislation to offset the cost 2 minutes to the gentleman from Guam Mr. BILIRAKIS. Mr. Chairman, the of this initiative. Since the enactment (Mr. UNDERWOOD). 106th Congress took the first steps to- of last year’s defense authorization act, (Mr. UNDERWOOD asked and was ward addressing the inequity that pro- I have been working to secure the given permission to revise and extend vides for an offset between military re- money needed to fund ‘‘concurrent re- his remarks.) tired pay and VA disability, which un- ceipt.’’ I was very pleased that the Mr. UNDERWOOD. Mr. Chairman, I fairly penalizes more than 500,000 dis- Budget Committee included almost $6 rise today to join my colleagues in sup- abled military retirees nationwide by billion in the FY 2002 Budget Resolu- port of H.R. 4546, the Bob Stump Na- authorizing a monthly allowance to tion for a partial repeal of the dollar- tional Defense Authorization Act for certain severely disabled military re- for-dollar offset between retired pay fiscal year 2003. It will go a long way tirees. Last year, Congress took an ad- and VA disability compensation. towards ensuring that our troops get ditional step towards eliminating the I am also pleased that the bill we are the support they need to win the war offset by authorizing my Concurrent considering today follows the FY 2002 against terrorism as it meets many of Receipt legislation, H.R. 303. budget resolution and includes a provi- The bill we are considering today fol- our military’s modernization needs and sion to authorize military retirees who lows the fiscal year 2003 budget and in- provides every servicemember with a are 60 percent or greater disabled to re- cludes a provision to authorize mili- pay raise they so richly deserve. ceive their full retired pay and VA dis- tary retirees who are 60 percent or In particular, I want to address the ability compensation benefit by Fiscal greater disabled to receive their full re- provisions in the bill relating to the Year 2007. Until the program is fully tired pay and VA disability compensa- morale, welfare and recreation activi- implemented, the bill establishes a tion benefit on a transitional basis by ties of DOD. I want to acknowledge the transition program through which re- fiscal year 2007. tirees will receive increasing amounts outstanding leadership of our panel So I say to all my colleagues, Mr. chair, the gentleman from Maryland of their retired pay. I want to thank Chairman, support America and its Chairman BOB STUMP, Ranking Mem- (Mr. BARTLETT), and the active partici- veterans, vote for H.R. 4546. And I pation of all the panel members. I am ber IKE SKELTON, Military Personnel would also offer in closing my com- Subcommittee Chairman JOHN MCHUGH pleased that we were able to address pliments to the gentleman from Ari- many of the urgent MWR issues that and Ranking Member VIC SNYDER for zona (Mr. STUMP) for being a great pa- their continued support and interest in will sustain this important benefit, in- triot and a great chairman. cluding the bill’s acknowledgment of this issue. Some military retirees—individuals While H.R. 4546 does not allow for the our concern and expression of our ap- who are eligible for military retire- preciation for the contributions of the complete elimination of the current ment benefits as a result of a full serv- offset, it does provide for a substantial National Guard during this period of ice career—are also eligible for dis- national crisis by making it possible concurrent receipt benefit and it is a ability compensation from the VA tremendous step forward in our fight to for them to use the commissary, even based on a medical problem they in- though they are under State control. repeal the current inequitable offset. I curred while in the service. Under urge my colleagues to support the Bob In addition to the MWR provisions, I present law, these service-disabled re- am also pleased to note that a number Stump National Defense Authorization tirees must surrender a portion of their Act. of measures included within the bill retired pay if they want to receive the will support Guam in its strategic role disability compensation to which they b 1430 to U.S. national security. Guam’s mili- are entitled. Congress enacted this un- Mr. SKELTON. Mr. Chairman, I yield tary installations and facilities stand just law in 1891. Nationwide, more than such time as he may consume to the to benefit from over $75 million of mili- 500,000 disabled military retirees must gentleman from New York (Mr. tary construction and improvements. give up their retired pay in order to re- MCNULTY). Most notable are the projects for a new ceive their VA disability compensa- (Mr. MCNULTY asked and was given on-base water system at Andersen Air tion. In effect, they must pay for their permission to revise and extend his re- Force Base and the continued construc- VA disability our of their military re- marks.) tion of the Guam Army Guard Readi- tirement—something no other federal Mr. MCNULTY. Mr. Chairman, I rise ness Center. The people of Guam wel- retiree must do in support of the Bob Stump National come this significant boost in military I have been trying to repeal this un- Defense Authorization Act, which will construction and appreciate the rec- fair offset for more than 17 years. My support all of our men and women in ognition this bill provides to our people legislation, H.R. 303, has received uniform and also the Crusader pro- in uniform. strong bipartisan support with more gram. Further, the bill before us today re- than 390 cosponsors in the House. More Mr. SKELTON. Mr. Chairman, I yield stores a balance between protecting than 80 members have cosponsored 2 minutes to the gentleman from Texas the environment and sustaining mili- similar legislation in the Senate. More- (Mr. TURNER). tary readiness, particularly in the case over, every major veterans and mili- Mr. TURNER. Mr. Chairman, I thank of the Farallon de Medinlla, FDM, tary organization strongly support the the gentleman from Missouri (Mr. bombing range north of Guam in the concurrent receipt of military retired SKELTON) for yielding me this time. Northern Marianas. Last month, a Fed- pay and VA disability compensation. Mr. Chairman, this bill today is one eral Court here in Washington, D.C. The 106th Congress took the first steps of the most important pieces of legisla- ruled that the Navy was in violation of toward addressing this inequity by au- tion that this Congress will consider, the Migratory Bird Treaty because of thorizing the military to pay a month- and I want to recognize the leadership the incidental taking of nonendangered ly allowance to military retirees with of the gentleman from Arizona (Chair- birds while conducting critical training severe service-connected disabilities man STUMP), for his leadership, as well activities. This bill narrowly fixes this. rated by the Department of Veterans’ as the leadership of our ranking mem- We are in support of this provision. Affairs at 70 percent or greater. These ber, the gentleman from Missouri (Mr. Mr. Chairman, I thank the gentleman provisions were recently expanded to SKELTON). The bipartisan approach from Missouri for yielding me this include retirees with ratings of 60 per- that this committee has utilized to time, and I want to acknowledge the cent. craft this bill exemplifies our bipar- excellent and noble work that our Last year, Congress took an addi- tisan and our unwavering commitment chairman, the gentleman from Arizona tional step towards repealing the offset to winning our Nation’s war against (Mr. STUMP), has done over the years. by authorizing H.R. 303. However, terrorists.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.064 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2273 We also in this bill take major steps Mr. STUMP. Mr. Chairman, I yield 3 proud of in this fine mark and in this forward in providing our Armed Forces minutes to the gentleman from New great bill. with the tools and the resources they York (Mr. MCHUGH), the chairman of Mr. Chairman, I urge all Members to need to protect our national security the Subcommittee on Personnel. join us in support of this very fine interests around the world. Earlier this Mr. MCHUGH. Mr. Chairman, May measure. year our military chiefs testified be- marks National Military Appreciation Mr. SKELTON. Mr. Chairman, I yield fore our committee and identified over Month, and I can think of no appro- 2 minutes to the gentleman from New $25 billion in unfunded requirements priate way to recognize it than to rise Jersey (Mr. ANDREWS). for the upcoming fiscal year. Our com- in strong support of the National De- (Mr. ANDREWS asked and was given mittee was not able to address every fense Authorization Act for Fiscal Year permission to revise and extend his re- need on the chiefs’ list, but I am 2003. I especially commend for my col- marks.) pleased that we addressed many of the leagues’ consideration and support the Mr. ANDREWS. Mr. Chairman, I thank the gentleman for yielding me issues, particularly in the areas of military personnel provisions of the this time. It is a personal privilege to quality of life, readiness and mod- bill that address continuing realities stand in support of the piece of legisla- ernization, as well as the deficiencies and challenges by making improve- tion named in honor of a patriot, the that the Department identified nec- ments in the end strength, compensa- gentleman from Arizona (Mr. STUMP), essary to wage our war on terrorism. tion, personnel and health care sys- Over the last few years, one area of tems of the Department of Defense. who has served our country so very particular concern to me has been the Let me highlight three of those most well. I am honored to support this bill continued reduction in troop end important areas. First, while fully sup- in his name, and thank the gentleman from Missouri (Mr. SKELTON) for his strength. In the post-Vietnam War era, porting the efforts of the Secretary of contribution. the active duty military peaked at 2.2 Defense to reduce operational and mis- America stands today as perhaps the sion requirements, this bill reflects the million personnel. Today it is less than greatest military power in global his- view that the war on terrorism will be 1.5 million. Last year, each of our mili- tory; but as we have learned in the last a long-term effort and that some tary services entered the war on ter- 7 months, even great powers are faced growth in military manpower is pru- rorism with personnel shortages, a sit- with great challenges. I support this uation that has only worsened due to dent at this time. bill because I believe it affirms two of Therefore, the bill represents the bi- the heightened operational tempo re- our greatest strengths, and it begins to partisan views of all of us, including quired around the globe. deal with two of our greatest chal- I commend the ranking member, the the gentleman from Missouri (Mr. lenges. gentleman from Missouri (Mr. SKEL- SKELTON), who was a leader on this, First of all, it affirms the strength TON), for his leadership in advocating and recommends an increase in active that is the most premium strength of an increase in troop strength; and I am duty end strength of nearly 1 percent, the American military structure, the pleased that this bill contains an in- or 12,650, above fiscal year 2002 levels. men and women who serve their coun- crease of 13,000 in troop authorization That is the largest single year growth try. By raising the pay of those men above last year’s level. in active end strength since 1985 and and women by 4.1 percent, by Mr. Chairman, I believe this is an im- 1986. To support the added strength, supplementing their medical and other portant piece of legislation that de- the bill provides an additional $550 mil- benefits considerably, although not serves the support of the entire Con- lion as well as increasing National enough, this bill is a good step in the gress. I urge adoption of this legisla- Guard and Reserve component full- right direction. tion. time manning by some 2,400 personnel. Second, as a member of the Sub- Lastly, this legislation strengthens our na- Secondly, the bill provides a military committee on Research and Develop- tional security interests both at home and pay raise, as proposed by the President, ment, I am particularly pleased that abroad by authorizing $7.8 billion for ballistic of 4.1 percent across-the-board for all we have before us today a bill that will missile defense programs. The development personnel, one-half of 1 percent more make the greatest investment in re- of medium and long range ballistic missiles by than the average pay increase for pri- search and development in our Nation’s North Korea, Iran, Iraq, and other rogue coun- vate sector employees. history. In particular, I am pleased tries underscores the importance of devel- In addition, it recommends targeted with the 20 percent increase in the oping a fielding theater missile defenses capa- raises of 6.5 percent to critical mid- DARPA funding accounts, which I ble of defeating these threats as soon as pos- grade and senior noncommissioned offi- think bring out the very best of Amer- sible. Protecting our country and troops de- cers and mid-grade officers, as well as ica’s university sector, private sector ployed in theater from a ballistic missile attack housing rates that will reduce the out- and government sector. should continue to be a priority, and I applaud of-pocket housing expenses from the With respect to challenges, I believe the commitment that is being shown to field current level of 11.3 percent to 7.5 per- that the new Northern Command struc- this technology in the near term. Mr. Chair- cent in fiscal year 2003. ture that is implemented in this bill is man, I especially want to emphasize the im- Finally, as the gentleman from Flor- a positive step toward meaningful portance of fielding the Department of De- ida (Mr. BILIRAKIS) said moments ago, homeland security. I look forward to fense’s highest theater missile defense sys- the third major provision I want to working with the Pentagon and my fel- tem, the PAC–3. When you look at spectrum highlight would ensure that by 2007 all low members of the committee in mak- of known threats around the world, and focus retirees rated by the Veterans Admin- ing that command structure effective on those areas where we either have per- istration with 60 percent disabled or in homeland security. sonnel or could likely have troops deployed, above will receive both their full mili- Finally, the bill begins to grapple it’s hard to ignore the fact that most credible tary retired pay and their full VA dis- with the very real problem with missile ballistic missile threats would be thwarted by ability pay. This initiative, known defense. There are those of us who be- the PAC–3 system. Consequently, amend- widely as concurrent receipts, rep- lieve that missile defense is necessary ments will be offered by Mr. SPRATT and Mr. resents the culmination of a multi- and appropriate, but there are some HUNTER a little later that seek to add money to year, bipartisan effort to restore jus- disagreements over how to implement this program. I am hopeful that you will sup- tice in veterans’ compensation using it. Because of the bipartisan leadership port this effort and join with us in ensuring that the $5.8 billion provided by the House of this committee, I believe that we our troops are adequately protected against budget resolution for fiscal year 2003. have a constructive approach to bridg- these emerging threats. In closing, Mr. Chairman, let me ing those differences and managing Mr. Chairman, we are at an important junc- thank the ranking member of the sub- this challenge. ture with respect to funding our military and committee, the gentleman from Arkan- In short, I believe this is a bill that providing them with the resources necessary sas (Mr. SNYDER), for his leadership, for every Member of both political parties to effectively wage our war on terrorism. This his very active involvement, as well as can support with pride that will help us bill acknowledges the challenges we face and all members of both sides of the aisle carry forward in meeting the very seeks to respond. I urge my colleagues to of the Subcommittee on Military Per- great challenges our country faces support this bipartisan bill. sonnel who have a good deal to be today. I urge support of the bill.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.066 pfrm15 PsN: H09PT1 H2274 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Mr. SKELTON. Mr. Chairman, I yield fundamental mission of the Federal ment to have a full budget offset is no myself such time as I may consume. Government to defend our country. longer needed, and that section has Mr. Chairman, it was the Roman ora- Mr. Chairman, I rise in strong support of the now been removed as a stipulation that tor Cicero who once said that the Bob Stump National Defense Authorization claims must be made within 4 years of greatest of all virtues is gratitude, and Act. This bill supports the efforts of President military separation. let me again express gratitude to the Bush and Secretary Rumsfeld to modernize Mr. Chairman, I am proud to be a gentleman from Arizona (Mr. STUMP) and strengthen our military. The bill supports member of the Committee on Armed for his tireless and skillful efforts in the needs of our men and women in uniform, Services and proud to support this fis- leading our committee, and in his con- ensuring that they receive better pay, have cal year 2003 defense authorization, tributions to the United States Con- better equipment at their disposal, have a bet- H.R. 4546. gress through the years. We are very ter quality of life, and are provided with all the Mr. STUMP. Mr. Chairman, I yield 1 proud of him and thank him for what tools necessary to complete their missions. minute to the gentleman from Indiana he has done for us, and the role model The effects of these initiatives will be appre- (Mr. BUYER). he has been for the rest of the Mem- ciated by servicemembers around the world, (Mr. BUYER asked and was given bers, both Democrat and Republican. from the recruits currently in my district at the permission to revise and extend his re- Let me also say a word of thanks and Great Lakes Naval Training Center to the Spe- marks.) gratitude to the Committee on Armed cial Forces troops operating in the mountains Mr. BUYER. Mr. Chairman, I thank Services, which I believe is the most of Afghanistan. the gentleman from Arizona (Mr. bipartisan committee in this body. Additionally, this bill strongly supports elec- STUMP) for all his hard work. I served There are times we have partisan dis- tronic warfare and the EA–6B Prowler, our Na- with the gentleman when he chaired agreements, but we do attack the var- tion’s lone remaining electronic jamming air- the Committee on Veterans’ Affairs, ious issues as professionals and as rep- craft. The Prowler is integral to successful air- and I think it is appropriate that this resentatives of different parts of our borne strike operations and is often the first defense bill is named after him. And I country. aircraft in theater and the last aircraft to leave. would say to the gentleman from Mis- But most of all, I think we as a body Without the Prowler, our aircrews would be souri (Mr. SKELTON), you two together need to express thanks and gratitude vulnerable to a wide variety of threats from in- have put before this Congress another to the young men and young women in tegrated air defenses and advanced surface- quality product on behalf of the men uniform. That is the purpose of our to-air missiles. In support of the aging Prowler and women who serve our Nation. being here today. It is the United fleet, this bill authorizes $85.8 million to pro- I thank the gentleman from Pennsyl- States Constitution that charges us cure and install wing center sections and outer vania (Mr. WELDON), as chairman of the here in Congress to raise and maintain wing panels, both of which have suffered from Subcommittee on Procurement. The the military of the United States. The fatigue and forced the grounding of eight air- gentleman from Mississippi (Mr. TAY- military of the United States is re- craft. LOR) and I co-chaired the Guard and flected by young people in various col- $35 million is included to procure advanced Reserve Caucus for many years, and ors of uniform all wearing the Amer- USQ–113 jammers, which will enhance that serve in that caucus, and a big part of ican flag on their sleeve. So we thank ability of the Prowler to cut off enemy commu- our mark was accepted, just like the them, we thank their families, and we nications. I am also encouraged that $29 mil- gentleman from California (Mr. hope that the piece of legislation that lion are included to procure band 9/10 trans- HUNTER) used to do for us, and there we pass today will be a benefit to them, mitters, which will enhance Prowler capabili- are so many Guard and Reserve. There encouraging them to keep doing a good ties. are so many things for the active force. job and staying the course, and just a Perhaps most importantly, H.R. 4546 in- So it is not only the procurement word of thanks to them for their deter- cludes an increase of $10 million to continue mark, but also military construction, mination, dedication and patriotism. efforts to develop a successor to the Prowler. and what the gentleman from New With that, Mr. Chairman, again a Mr. Chairman, I strongly support our men York (Mr. MCHUGH) did with regard to special thanks to the gentleman from and women in uniform, our national defense, end strength, I thank the gentlemen. It Arizona (Chairman STUMP). and this bill. I encourage my colleagues to do is a very good mark. I ask all Members Mr. Chairman, I yield back the bal- the same. to support the product of the gen- ance of my time. Mr. STUMP. Mr. Chairman, I yield 1 tleman from Arizona (Mr. STUMP) and Mr. STUMP. Mr. Chairman, I yield 30 minute to the gentleman from Florida the gentleman from Missouri (Mr. seconds to the gentleman from Illinois (Mr. JEFF MILLER). SKELTON). It is quality work. (Mr. KIRK). (Mr. JEFF MILLER of Florida asked Mr. Chairman, I rise in strong support of (Mr. KIRK asked and was given per- and was given permission to revise and H.R. 4546; the Bob Stump National Defense mission to revise and extend his re- extend his remarks.) Authorization Act for Fiscal Year 2003. marks.) Mr. JEFF MILLER of Florida. Mr. America is at war, our military personnel are Mr. KIRK. Mr. Chairman, I want to Chairman, I rise in support of the Bob in harm’s way, and our Nation is facing dan- also thank the gentleman from Arizona Stump National Defense Authorization gerous and difficult threats. (Mr. STUMP) and our other defense Act for Fiscal Year 2003, H.R. 4546. September 11, 2001, now marks the most leader, the gentleman from Missouri The legislation remedies a long-com- lethal single attack on the United States in our (Mr. SKELTON), for this legislation. mitted wrong that has been used Nation’s history. This bill supports President Bush and against our retired military veterans The Bob Stump National Defense Authoriza- Secretary Rumsfeld, who commands for many years. By providing $5.58 bil- tion Act demonstrates strong bipartisan com- our troops currently in battle. It sup- lion over 5 years towards retiree bene- mitment to America’s soldiers, sailors, airmen, ports our Naval training at the Navy’s fits, H.R. 4546 begins full concurrent re- and Marines who are fighting the global war only boot camp at Great Lakes, Illi- ceipt for veterans suffering from a dis- against terrorism. nois. abled rating 60 percent or greater. President George W. Bush stated and I It advances our efforts to combine These individuals have given decades of quote, Naval Hospital Great Lakes with North their life and service to this great Nothing is more important than the national Chicago VA to help out veterans and country, and they will begin to receive security of our country, nothing is more impor- active duty health care. their earned retired pay along with tant. So nothing is more important than our It protects our air crews over Af- their earned disability payment. defense budget. ghanistan and Iraq with improved tac- This agreement builds upon the work I strong agree. tical Navy electronic warfare aircraft, of the Committee on Veterans Affairs This National Defense Authorization Act and it supports our fellow allies to and the Committee on Armed Services goes beyond the President’s request to im- meet the missile threat, especially giv- over the last couple years, and finishes prove homeland security, support U.S. service ing early warning eyes in the sky to the work done last year that made the members, and increase military readiness and Israel and Arrow anti-missiles to shoot policy change. modernization. down SCUDs. It is a good piece of legis- Due to the meticulous work by the It is fitting that this Defense Authorization lation; it deserves our support for the Committee on the Budget, the require- Act; the largest real increase to defense

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 9920 E:\CR\FM\K09MY7.095 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2275 spending since 1966; be named after my good It is clearly another giant step in our contin- have inhibited training at bases across the friend, Chairman BOB STUMP. ued efforts to improve quality of life, mod- country and on the waters offshore. Fewer I have had the privilege of working along ernize the force, and improve readiness. and fewer training areas are now available for side BOB, and the opportunity to witness his I urge my colleagues to support this bill. realistic combat live-fire training. steadfast support of our Nation’s military. We b 1445 When combat drills become predictable and share the same values and beliefs; duty, repetitive, readiness declines. Our experience honor, courage, and commitment to God, Mr. STUMP. Mr. Chairman, I yield 1 in Afghanistan has demonstrated that our suc- country, family, and our fellow man. His lead- minute to the gentleman from Florida cess on the battlefield is directly related to the ership will be missed. (Mr. PUTNAM). quality of our military training. We must ensure Equally fitting is the support H.R. 4546 pro- Mr. PUTNAM. Mr. Chairman, I want that well-intentioned environmental regulations vides to addressing the needs of the National to commend the gentleman from Ari- do not lead to shortfalls on the proving ground Guard and Reserves. zona (Mr. STUMP) on the outstanding that later become disasters on the battlefield. Today, there are over 80,000 Reservists work that he has done to make Amer- The changes proposed in H.R. 4546 are in- and National Guard personnel on active duty ica secure, but some of the rhetoric tended to save lives in real combat. from 50 States, the District of Columbia, and that I hear from the other side gives The issue is not readiness versus the envi- Puerto Rico supporting the global war on ter- me pause and what comes to mind is ronment. The issue is our commitment to our rorism. They are a critical component of the how quickly we forget. military men and women and their families. total force and vital for our homeland’s secu- Some of the environmental concerns When we send our constituents or their sons, rity. that have been raised are completely daughters, spouses, or parents into harm’s On behalf of Congressman TAYLOR and my- bogus, Mr. Chairman. When we have a way, we should do so only in the complete self as cochairs of the National Guard & Re- situation where 16 or 17 miles of coast- confidence that they are ready. They will only serve Components Caucus, we extend our line cannot be used at Camp Pendleton, be ready if they are thoroughly and realistically thanks to the subcommittee chairman and when we have a situation where sol- trained. Our military men and women,and their ranking members for their support to the Na- diers have to draw a circle in the sand families, have a right to expect that training, tional Guard and Reserves. and stand there and pretend that it is and we as a nation have an obligation to pro- The National Guard and Reserve Compo- a foxhole, we are not training our sol- vide it. nents Caucus, representing 158 Members of diers realistically. The success that we H.R 4546 provides a common-sense Congress, has organized member support for have seen in Afghanistan is the direct change to laws that have overburdened the legislative initiatives dealing with Reserve result of investment in training and military and restricted training efforts. These Components, operations, programs, and poli- personnel and in troops and in equip- are not broad waivers. There are no exemp- cies. ment. But that training cannot con- tions and no rolling back of decades of envi- Now in its seventh year, the Reserve Com- tinue under the current environmental ronmental law. ponents Caucus, has a proven history of work- restrictions that we have. The committee mark is a good start, but ing with and assisting the House Armed Serv- This bill makes some commonsense more may need to be done. The current hair- ices Committee. reforms that allow our soldiers, sailors trigger application of broadly defined environ- H.R. 4546 goes a long way to support Na- and airmen to prepare to wage and win mental regulations has profoundly affected tional Guard and Reserve personnel, readi- war. I commend him for his leadership vital military research and development efforts ness, modernization, and military construction. on this and his striking the delicate as well. For example, a scientific study funded National Guard and Reserve Force per- balance that recognizes the steward- by the Pentagon showed that a new long- sonnel strength is increased by adding more ship of the Department of Defense and range, lower-frequency sonar designed to de- than 2,450 full-time military personnel to sup- the overarching mission that they tect ultra-quiet enemy submarines would ‘‘har- port the Army National Guard, Army Reserve, have, which is to keep America secure. ass’’ marine mammals under the existing defi- Air National Guard, and Air Force Reserve. For the past year, the Government Reform nition. The Navy is now waiting for a letter of Additionally, it increases Naval Reserve unit Committee has been investigating the growing authorization from the Fisheries Service to strength by 800 part-time military personnel. number of restrictions, or encroachments, allow use of the sonar. If the definition of har- H.R. 4546 also addresses significant per- placed on training at military training ranges assment were changed, the Navy likely would sonnel, compensation and benefits improve- by environmental regulations, urban sprawl, have greater leeway in using the sonar without ments including a minimum 4.1 percent pay international treaties and competition for lim- seeking permits or exposure to lawsuits. raise for all active, National Guard, and Re- ited airspace and frequency spectrum. The Navy should not need to get permits serve personnel. In May of last year the Government Reform every time an aircraft carrier changes position It extends the eligibility period for Selected Committee held it’s first hearing on this issue and the military should not be exposed to law- Reservists’ use of the Montgomery GI bill an titled ‘‘Challenges to National Security: Con- suits for allegedly ‘‘annoying’’ a marine mam- additional 4 years. straints on Military Training’’. In August of last mal. H.R. 4546 also directs a comprehensive year the Government Reform Committee on More than anything else, military readiness study of the rights, benefits and entitlements National Security, Veterans Affairs and Inter- depends on realistic training. Constraints on of Reservists and their dependents. national Relations, of which I am vice chair- military training and research are a growing National Guard and Reserve quality of life man, held a field hearing in my district at the challenge to our national security. To perform improvements in this Defense Authorization Avon Park, Fl, Air Force Bombing Range to a constantly expanding range of missions— Act also include over $510 million for military address the issue of military training range from peacekeeping to assaulting and holding a construction. sustainability. hostile beachhead—the men and women of National Guard and Reserve Equipment re- Our hearings have demonstrated that envi- our armed forces must train as they fight. quirements still reflect a $9 billion shortfall, ronmental regulations are among the most They must train under conditions as much like however, H.R. 4546 provides over $470 mil- pervasive and burdensome constraints on mili- the real thing as possible. lion for Guard and Reserve equipment pro- tary training. At a hearing last spring, for in- The issue is not readiness versus the envi- curement above the President’s Budget sub- stance, the committee learned that 16 of 17 ronment. Our military men and women have mission. miles of coastland at Camp Pendleton, Cali- all volunteered to go into harm’s way—we owe On behalf of the Reserve Components Cau- fornia, are off-limits for amphibious training it to them, and their families, to send them cus, I thank Chairman WELDON for his support due to a growing list of wildlife protections. there trained to win. Training saves lives. In in improving Guard and Reserve moderniza- Witnesses also testified that soldiers are not this time of war I urge my colleagues to make tion. allowed to dig foxholes on some ranges, and protecting the lives of our military men and This bill sends a strong signal to the world instead must practice jumping onto circles women our highest priority. Supporting this and recognizes the sacrifice and unselfish marked with tape. legislation will do that. I urge passage of the commitment of our service men and women in As the Defense Department has been bill. protecting America’s cherished freedoms and forced to expand the amount of land set aside Ms. JACKSON-LEE of Texas. Mr. Chair- liberties. for protected species such as the fairy shrimp, man, I want to add my voice to the choir of In short, this bill says to the American peo- the gnat-catcher, and the checker-spot but- opposition the National Defense Authorization ple that military service; active and reserve terfly, training lanes have become artificially Act of FY 2003. This bill provides appropria- service, is critical for our Nation’s security. narrow, Environmental laws and regulations tions for an increase in pay for our armed

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.017 pfrm15 PsN: H09PT1 H2276 CONGRESSIONAL RECORD — HOUSE May 9, 2002 services personnel, which I believe is very im- the front page of today’s Washington Post: the responsibility of the military, like the rest of portant for the security of our great Nation. Defense Secretary Rumsfeld says, ‘‘We are the Federal Government, to play by the rules However, I rise to oppose this legislation be- going to cancel the Crusader.’’ Rather than this Congress has established; and about the cause it provides appropriations for an falling in line behind President Bush, as they military’s duty to clean up after itself by return- unproven ballistic missile defense. This is a have on virtually every other initiative pro- ing the lands it no longer needs to productive flawed policy. If the United States was at- posed by this administration, the Republican use for America. tacked by a long range nuclear missile, any leadership wouldn’t even allow a debate about However, that discussion and debate is not feasible ballistic missile defense system would this program. occurring in this House. The leadership has so have less than 15 minutes to detect, track, Why do I agree with the administration on a tightly managed the rule for debate on this and attempt to intercept the missile. Thus, this defense project? Let’s look at some details. To measure that the House will authorize the is a technologically daunting task. A top de- date, we have spent $3.5 billion on an artillery largest increase in defense spending since fense official has said that a successful U.S. system that doesn’t have a prototype, fails to 1966. missile defense system test, which was com- meet the operability requirements of the army, We have failed our duty to the people to ask pleted recently, did not realistically duplicate and would cost another $11 billion if we de- and answer the most fundamental questions: conditions of an actual attack. If our top mili- cided to purchase the system. Fully loaded, what unnecessary, wasteful systems and pro- tary leaders think that this is a flawed policy, the Crusader weighs over 80 tons, so heavy grams should be eliminated from this bill be- then we as elected officials should follow their that only the largest cargo plane we have cause they do nothing to enhance the security recommendation. could carry it, and just one at a time! Finally, of the United States? What should be added The Defense Department has tested and re- howitzers like the Crusader are outdated in their place, to ensure that we uphold our tested this ballistic missile defense system, weapons of warfare that are really only effec- duty to those who have served and ensure and each time the desired results have not tive against large massed armies, such as that we strengthen America with our defense been achieved. But yet, The President wants those that were maintained by the former So- investments? to continue funding this flawed policy. There- viet Union. There are few armies left in the On the first question, the answer is clear. fore, I want to strongly support the Tierney world who use such WWII era tactics, and if We need to right-size the military for the secu- amendment, which states that no funds for FY in the future we happen to need these weap- rity needs of the United States today. Unfortu- 2003 for the Department of Defense may be ons again, the GAO has found that we can ei- nately, in this $393 billion, there is too much used for space-based national missile defense ther upgrade the existing Paladin howitzer or money being spent on the wrong stuff. programs. purchase a German made system that fits the Three examples, of many, should suffice to Additionally, I also strongly support Con- operational requirements of the Crusader. make the point. First, we should not be con- gressman MARKEY’s amendment, which pro- But the Crusader is not the only program tinuing to fund three tactical aircraft programs hibits the use of funds to develop and test a that shouldn’t be funded in this bill. This bill concurrently at a time when we have the pre- nuclear earth penetrator weapon and also pro- also authorizes continued funding of the F–22, eminent fighter jet in the world—the F–15. hibits the use of funds in fiscal year 2003 for the Joint Strike Fighter, and an upgraded Second, the bill contains $7.8 billion for mis- a feasibility study of a nuclear earth penetrator version of the F/A 18. With the upgrades of sile defense, including funding for initial de- weapon. our existing F–15s and F–16s, our Air Force ployment of a national missile defense system In almost every case, post-test doubts re- has air-superiority over any existing air force. based in Alaska. We should be alarmed that garding missile defense have been raised. While some argue that we need upgraded we are not taking the time as a nation to have Critics have charged that test results over the fighter aircraft to counteract improvements in a thoughtful dialogue on all the potential rami- past two decades have been exaggerated by surface to air defense systems, do we really fications of a national missile defense system false claims of success and promises of per- need three different planes? The cost savings before rushing ahead with deployment. Since formance that later proved false. Many tests of just going with one of these systems in- President Ronald Reagan’s famous 1983 were proven to have had their targets signifi- stead of three would be astronomical. Not only ‘‘Star Wars’’ speech, the United States has cantly enhanced to ensure the likelihood of would we stop throwing billions more dollars at spent roughly $100 billion on ballistic missile success. defense contractors, we would save billions defenses. We should not be throwing good Furthermore, kinetic kill as a concept for de- more by not having to purchase parts for three money after bad. September 11 showed us stroying long-range ballistic missiles is even different planes and to hire three different sets that there are many threats that are more real- more problematic at this stage. There is no of mechanics to service them. Finally, cutting istic than that of a ballistic missile streaking empirical evidence to support the contention these extraneous programs will further inte- across the ocean to land on our shores. that kinetic kill for ICBM defense will work. De- grate our armed forces, a goal specifically The third is perhaps the most outrageous spite the prowess of American technology, mentioned by Secretary Rumsfeld in his example. Yesterday, Secretary of Defense there are no quick, cheap or easy solutions in speech at the Pentagon yesterday. Rumsfeld informed members of Congress of missile defense. Therefore, we should allocate This bill spends too much money on pro- his decision to cancel the $11 billion Crusader funds for more pressing defense needs and grams that will do nothing to protect our citi- program. This is a weapons system that spend our funds on systems that work and will zens. Instead, it lines the pockets of defense Napolean would have loved that was designed enhance real security for all Americans. contractors and sends our nation’s financial for a war from an age long past. Mr. STARK. Mr. Chairman, I rise in strong health into further disarray. In the interest of The Army plans to create a mobile force ca- opposition to this Defense authorization bill. national defense and fiscal security, I am vot- pable of being deployed anywhere in the world With the President’s war on terrorism con- ing against this bill and urge my colleagues to in 96 hours, but the Crusader Mobile Howitzer tinuing and with budget deficits rising, why are do the same. is still too heavy to be lifted by any transport we spending money on so many unnecessary Mr. BLUMENAUER. Mr. Chairman, there is aircraft in our fleet. Neither of the two largest programs? Just yesterday the administration no function of our national government more military cargo transports in operation—the C– admitted that some of these programs are no fundamental than defense of the Nation. 5 and the C–17—is capable of carrying a longer necessary, yet the Republican leader- Today, our national defense is more important complete Crusader. The weapon’s designers ship would rather waste billions of dollars on than ever, and with this authorization bill, we say they have reduced the total weight of the defense projects that keep defense contrac- are spending more on national defense than system from 90 tons to ‘‘only’’ 73, but that was tors swimming in money. ever. In fact, the $393 billion this bill author- accomplished by removing the fuel and am- Earlier this week, I submitted an amend- izes means the United States will be spending munition. ment to this bill that would have cut the $475 more on our military than do the next 25 na- The Congressional Budget Office rec- million to further research and develop the tions combined. ommends killing the Crusader and purchasing Crusader mobile howitzer project. Unfortu- There is no question this bill spends enough a suitable alternative. The General Accounting nately, the Republicans refused to allow this to do the job. The question is whether the Office has identified a German-made howitzer amendment to be considered on the House money is being spent in ways that will do the as a viable alternative to the Crusader. Ac- floor. These Republicans are more interested right job. There is a great debate abroad in cording to CBO, acquiring this off-the-shelf in looking like they are strong on defense than the land about the nature of the threats our weapon would save $6.7 billion over 10 years. they are in funding projects that can actually Nation faces, and the best approaches to The Crusader is more suitable for fighting be used to defend our country. Even the De- dealing with those threats. There is a robust Adolf Hitler than meeting the challenges of partment of Defense has said it doesn’t want discussion about honoring our responsibilities today. As one Bush adviser remarked, ‘‘Why the Crusader. If you don’t believe me, look at to those who have served this country; about would you buy the same artillery pieces that

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.067 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2277 Napoleon would understand? It’s all Industrial Last year, we succeeded in requiring a House Armed Services Committee and proud Age equipment.’’ prioritized nationwide inventory of UXO-con- to have contributed to the work before us. I submitted amendments to the Rules Com- taminated sites. This year’s directs the Depart- Mr. Chairman, this legislation remedies a mittee to transfer funds from the Crusader to ment of Defense to designate a single point of wrong, long committed against our retired mili- the cleanup of unexploded ordnance (UXO). contact for UXO. That authority may be dele- tary veterans. By providing $5.58 billion, over These amendments would have supported gated no further than the Under Secretary of 5 years, toward retiree benefits, H.R. 4546 be- Secretary Rumsfeld’s decision on the Cru- one of the military departments. In addition, gins full concurrent receipt for veterans suf- sader and addressed a serious problem for this bill contains language calling for an inde- fering from a disabled rating 60 percent or the military, UXO, which is both a long-term li- pendent advisory and review panel for UXO greater. These individuals, who have given ability and a short-term operational and public matters. All of these provisions are part of the decades of their life, serving this great coun- relations nightmare. legislation Representative RILEY and I intro- try, will begin to receive their earned retired In addition to these examples of unwise and duced last year, the Ordnance and Explosive pay along with their earned disability pay. wasteful expenditure, this bill authorizes un- Risk Management Act (H.R. 2605). This agreement builds upon the work of necessary and destructive waivers of impor- The Defense Department has put forward a many people, the least not the veterans who tant environmental protections essential to preliminary estimated cost-to-complete of $15 walk these halls, write letters or otherwise Americans’ health and the health of America’s billion for munitions response at Formerly make the effort to contact their Member of land and water. During my time in Congress, Used Defense Sites. Neutral observers say Congress. Due to the meticulous work of the I have worked to compel the Federal Govern- this cost could in fact run into the hundreds of budget committee, the requirement to have a ment to lead by example. This bill goes billions of dollars. At the FY03 proposed fund- full budget offset is no longer needed. Addi- against everything I have been working to- ing level of $70 million, it will take 200 years tionally, this legislation eliminates a stipulation ward. If we exempt the largest landowner in to complete the job, even accepting the low that disability claims must be made within four the country from environmental regulations, DOD cost estimate. It is more realistic to as- years of military separation, effectively enact- how can we expect anyone else to follow our sume costs over a hundred billion dollars and ing my bill, H.R. 3620. laws? more than a thousand years to finish the job. Navy training, an important function in my The Department of Defense wants to ex- The delay is absolutely unacceptable for the district, is supported in this bill by the author- empt itself from many environmental laws. environment and the American people. ization of 10 additional Joint Primary Air Train- This is an important decision, and should in- Those 2,000 sites are at locations nation- ing Systems, also known as JPATS. The Navy volve debate and consideration by all stake- wide, including Spring Valley right here in the and Air Force will sue this system, consisting holders. Unfortunately, the Department and District of Columbia which has munitions rem- of both the T–6A aircraft and a ground-based their congressional supporters have cir- nants left over from World War I weapons training system, for primary pilot training. The cumvented the committee process to give us testing, and Five Points Outlying Field in Ar- T–6A will replace both the Navy’s T–34 and the provisions in this bill. Air Force’s T–37B fleets, providing safer, more This bill contains sweeping new exemptions lington, TX, where people in a new housing economical and more effective training for fu- for activities under the Endangered Species development are finding live ordnance in their Act, the Migratory Bird Treaty Act, and the gardens. ture student pilots. Mr. Chairman, in closing I would like to Wilderness Act, important environmental pro- These sites are a legacy of past military ac- thank Chairman STUMP for his service to this tections that took years and much debate to tivities; it is our nation’s responsibility to clean committee, to the men and women in uniform put in place. This action should at least war- them up. They not only constitute an environ- and to his country. It is my honor to have had rant a debate in the relevant committees. I am mental hazard; documentation has been found also disappointed that the rule on this bill does detailing at least 65 deaths in this country by the opportunity to serve under his leadership. Mr. SIMMONS. Mr. Chairman, I rise in sup- not even allow for discussion of these signifi- accidents with UXO. port of H.R. 4546, the Bob Stump National cant environmental exemptions. We are all profoundly aware of the broader No one will argue that the U.S. military does implications of UXO across the globe. As we Defense Act of Fiscal Year 2003 and I ask my not provide an important service, and that its address the problem at home, we have the colleagues to support this important legisla- ability to operate is imperative. However, in potential of sharing our technology and help- tion. preparing itself to protect this country, the De- ing to solve UXO problems around the world. Mr. Chairman, September 11 highlighted the partment of Defense should not be allowed to Placing greater emphasis on the problem of fact that our military must remain the best destroy the environment that American public UXO and focusing a small portion of federal trained and best equipped in the world. Our cherishes and the clean and healthy commu- defense spending on it can truly have a trans- ability to stage Operation Enduring Freedom in nities that it demands. formational effect on the cleanup of tens of South Asia is not the result of anything that The second question we should have more millions of acres in the United States. Such happened since the attacks but are a result of productively discussed in this House is what action can also impact the development and years of training and management, tens of we could better have done with the enormous deployment of new technologies that will save thousands of man-hours of research and de- resources committed by this legislation. One millions of innocent civilians from death and velopment, and billions of dollars in testing answer is to better provide for the needs of dismemberment in some of the most dis- and manufacturing. The defense budget pays those who have served our country. Our prior- tressed areas of the world. not only for the fuel, munitions, and soldiers’ ities should include funding concurrent re- There is much that we could do to strength- salaries, but it pays for the investment in the ceipts, which enable retirees who were injured en and better protect America with the enor- weapons needed to fight and win the wars of in the line of duty to receive both their de- mous resources authorized in this bill. There the future, against any potential enemy in any served retirement pay and disability payments. are many things authorized in this bill that part of the world. That is the number one issue I hear about threaten Americans’ health and safety or For over 13 years, we have downsized our from military retirees in my district. I am waste tax dollars with no benefit to our coun- military because of cuts in our defense budg- pleased that this bill starts that process by try. We must do better in shaping our Nation’s et. We have decommissioned vessels rather compensating retirees who are 60 percent or defense policy. than upgrade them and retired aircraft rather greater disabled, but I firmly believe we could I vote ‘‘no.’’ than build new ones. Our military was asked have done more. Mr. JEFF MILLER of Florida. Mr. Chairman, to do more with less. Our servicemen and A second example, a special area of inter- I rise today in support of the Bob Stump Na- women were asked to do more with less. We est to me and one that has been neglected by tional Defense Authorization Act for Fiscal closed bases and gave up training areas, both all of us for too long, is unexploded ordance. Year 2003, H.R. 4546. irreversible and in many cases at great cost. For 2 years now, I have been pursuing rem- Mr. Chairman, yesterday, in Pensacola, FL, It is no wonder that several years ago our sol- edies to the problem of unexploded ord- the Navy suffered an air training accident diers and airmen began to leave the services nance—the bombs and other munitions that whereby seven military and civilian contractor in record numbers. didn’t go off as intended and are subsequently personnel are missing at sea. And while the This strong and bipartisan legislation ad- buried or litter the landscape. There are some search continues, and we pray for a success- dresses many of these issues and reverses 2,000 former military properties in every state ful recovery, this event is a reminder of the the trend of years past. It looks forward to the and nearly every congressional district where risks our uniformed men and women endure— challenges of the future. this bill contains a 4.1 these hidden dangers lurk. This is a prime ex- either at home or away. I believe this legisla- percent increase in basic pay with additional ample of the need for the Federal Government tion does much to honor and reward military increases for mid-grade and senior non- to be a better partner and clean up after itself. service and I am proud to be a member of the commissioned officers and mid-grade officers.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.070 pfrm15 PsN: H09PT1 H2278 CONGRESSIONAL RECORD — HOUSE May 9, 2002 It also works to honor the commitment our na- our submarine fleet. The smartest and most drug control efforts, particularly in Afghanistan, tion has to its veterans by eliminating current cost-effective way to rebuild our submarine and I hope that this bill will encourage it to do law provisions that cause military retirees who force is multiyear contracting. It is good for the so. are eligible for veteran’s disability compensa- workforce, it is good for the taxpayer, and it is Mr. BRADY of Pennsylvania. Mr. Chairman, tion to have their retirement pay reduced. Vet- good for our men and women in the military. I rise to support the FY03 Bob Stump National erans who are 60 percent or greater disabled Mr. Chairman, this bill is a well-crafted bill to Defense Authorization Act and appreciate all will begin to receive concurrent pay phased in meet many of the needs of our military. I urge the hard work my colleagues and my chair- fully by 2007. As a veteran and having spent my colleagues to support the bill. man did to produce a bill in support of our na- 30 years as an Army Reservist, I know that in- Mr. SOUDER. Mr. Chairman, I rise in sup- tional defense. vestments in our people are as important as port of this legislation and wanted to briefly One area of particular concern for me is the any other aspect of our national defense. comment as one of the Chairs of the Speak- Maritime Administration’s Title XI Vessel Loan This bill also addresses security and quality er’s Task Force on a Drug Free America and Guarantee Program. I am pleased to see that of life issues. It conveys almost $8.0 million to chairman of the Drug Policy Subcommittee on we have decided to authorize $50 million to the Naval Submarine Base in Groton for base the counterdrug provisions of the bill. continue this valuable program, which sustains security; and $24 million for a 100 units of First, I want to commend the Armed Serv- our national shipbuilding industrial base by Navy housing for personnel and their families. ices Committee for its work on the bill and supporting commercial shipbuilding. This is This is a wise investment for the future. support for counterdrug programs. The De- necessary in the face of foreign competition Mr. Chairman, I have the privilege of rep- partment of Defense plays a critical role in our and subsidies and is good for all U.S. ship- resenting the Second District of Connecticut nation’s efforts to keep drugs off our streets, yards, large and small. In addition, this will here in Congress. The ‘‘Submarine Capital of particularly with respect to interdiction pro- also serve to maintain a skilled labor force crit- the World,’’ Groton, is in my district. For over grams in narcotics source and transit zones in ical to our defense industrial base. a century, designers and manufacturers in the Caribbean and South America and in pro- I note that the committee expects that the Groton have built submarines. Our nuclear ‘‘si- viding training and resources to our allies. Maritime Administration will place a priority on lent service’’ is made up of the most sophisti- There has been concern that the Department providing loan guarantees under the Title XI cated and complex systems ever created by intended to substantially reduce its support for Ship Loan Guarantee Program for the con- man. In the 1980s, workers in my district built these programs, and I very much want to struction of commercially viable vessels that on average over 5 submarines a year, estab- thank the committee for its continued careful are militarily useful, such as for highspeed lishing American dominance of the seas attention to ensure that the Defense Depart- sealift, or that meet specific requirements of around the world and providing the backbone ment continues its important involvement. My Federal law, such as the requirement for dou- of our strategic nuclear deterrence with the subcommittee and the Speaker’s Task Force ble-hull tankers. These types of commercial Trident-class ballistic missile submarines. My will continue to follow this carefully, and we projects would be the highest priority for con- district also is home to an assembly plant for look forward to continuing to work with the De- tinuing this program. There are many laudable military aircraft engines that power the aircraft partment and the Committee. projects, including the FastShip project in my that make our air force second to none in the Second, I wanted to emphasize and asso- congressional district, which should be sup- world. Just as important are hundreds of com- ciate myself with the guidance contained in ported by the Department of Defense and the petitive small businesses and high-tech firms the committee’s report on this bill with respect Department of Transportation. Military useful that keep our military on the cutting edge. to narcotics in Afghanistan. John Walters, the projects, like FastShip, have always been a While I worked for a higher level of procure- Director of the Office of National Drug Control key element of the Title XI program. High- ment funding, I am satisfied with what this bill Policy, recently stated in an interview that our speed sealift vessels are particularly important does for our military and what it does for the military involvement in Afghanistan has given in light of the modern military’s need for rapid State of Connecticut. Connecticut fares espe- us the first meaningful opportunity to address logistical support. cially well with the procurement provisions au- the global heroin trade. Ninety percent of the I urge the Maritime Administration to fairly thorizing funds for another Virginia class sub- world supply of heroin is grown in Afghanistan, consider these projects for which applications marine, the Trident Class to SSGN conversion and this huge supply inevitably affects the en- have been filed so that these shipbuilding program, additional engine modifications of F– tire world market. I am concerned at public re- projects can go forward in our U.S. shipyards 15s, and F–16 fighter aircraft, and the acquisi- ports and briefings obtained by my staff which and built by our skilled American labor force. tion of thirty-nine H–60 variant helicopters for suggest that the Defense Department and the The Maritime Administration must consider all the National Guard and Navy. Important re- Central Command have been unwilling to par- both the commercial and the military benefits search programs at University of Connecticut ticipate vigorously in drug interdiction and of these projects by fairly and fully reviewing will continue to bring new technology to the eradication efforts. all available documents on current and future warfighter, and better equipment and medicine While I agree that the protection of our applications. The Maritime Administration is to assist and protect our troops in the field. forces must be the paramount concern, it also obligated to ensure the strength of our na- I am also pleased with the language in the seems apparent that the Defense Department tional security through the support of a strong bill that authorizes the Department of Defense, can make some important contributions not merchant marine. pending settlement of an outstanding legal only to drug eradication, but also to the mili- Finally, I would like to thank Chairman BOB case, to enter into a multiyear contract for the tary goal of cutting off the source of economic STUMP for all his years of service to our coun- procurement of Virginia Class nuclear attack support for potential enemies. As we know, try and for his hard work on this important bill. submarines. Using modern and innovative de- the Taliban received substantial financial sup- It has been an honor to serve with him and I sign and manufacturing techniques, the Vir- port from the drug trade. It makes no sense to am proud to call him my chairman. I urge all ginia Class submarine program is using meth- leave as potentially lucrative a source of fund- my colleagues to join me in supporting this bill ods and processes that are likely to make it a ing for future terrorists as the poppy crop in and the Title XI vessel loan guarantee author- model for future large-system acquisition pro- Afghanistan. ization. grams. Multiyear procurement promises to I also want to support the committee’s re- Ms. LEE. Mr. Chairman, I rise in opposition save both jobs and taxpayer dollars. port language on this issue with respect to tar- to this bill. Mr. Chairman, testimony received by the geting. It expressed concern with the lack of Now more than ever, it is clear that cold war House Armed Services committee by both the targeting of opium storage facilities in Afghani- era thinking will not meet the security needs of Secretary of the Navy, the Chief of Naval Op- stan that were identified early in the conduct today. But it is cold war thinking that continues erations, other DOD officials and respected of Operation Enduring Freedom. The com- to fuel our defense budget. defense analysts have warned us of the im- mittee shared our understanding that U.S. It is misguided thinking that seeks to put the pending force structure problem we are head- Central Command had deemed that opium in United States back on the path toward re- ing as our submarines begin to reach the end any form did not constitute a credible military newed nuclear testing, when instead we would of their service lives or require refueling over- target. I agree strongly with its conclusion that all be made safer if we would work toward nu- hauls. Without increasing the procurement rate the Department of Defense should review and clear nonproliferation. to two per year, our submarine force will not revise its policy in this regard to ensure that It is misguided thinking that seeks to spend meet the mission and operational require- such targets are properly prosecuted in Af- billions on the Crusader, a weapons system ments determined as necessary by our mili- ghanistan and any future conflicts. that the Secretary of State himself does not tary. Carrier and amphibious groups will not Mr. Chairman, the Department of Defense want, when we have so many profound needs have the required protection and firepower of must continue to play an active role in our here at home.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.073 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2279 It is misguided thinking that seeks to allow an idle concern because the White House and the Medicare surplus, all of the Social Security the Department of Defense to ignore our exist- the Speaker are both resisting efforts by the surplus, and still need to borrow $150 billion ing environmental laws. The American public Appropriations Committee to take up this $3.8 more. Revenue collections this year are lag- doesn’t want fewer environmental protections. billion shift. ging last year by $130 billion. For the first time They want more. Another shift of funds comes in the military since 1995, the Treasury must borrow money It is misguided thinking to underfund impor- personnel account. This account is reduced by to make it through the first calendar quarter of tant programs to destroy chemical weapons in $810 million, and the money is shifted to other 2002. These signs are all the more ominous Russia. purposes. The DoD actuaries are likely in the when we remember that the first of 77 million And, it is misguided thinking that pours bil- next month to conclude that the military per- baby boomers will retire in 2008; and when all lions into a missile defense system that we sonnel budget overestimates the accrual pay- are retired, the number of beneficiaries on So- are rushing to deploy without fully considering ment for the Tricare-for-Life program. This is a cial Security and Medicare will double. either the enormous technical problems or the program this committee established, and along I agree that the defense budget takes prec- serious international repercussions. with it, we instituted the accrual system to edence for now, but the federal budget has a As we abandon treaties and international make sure the costs of this program are ac- rendez-vous with destiny that we cannot agreements, we work against our own best in- counted for over the long term. If the actuaries dodge. By shifting regular DoD funds to the terests by spurring on nuclear arms races and do reduce it by that amount, the effect is mini- war reserve and second-guessing actuarial undermining proliferation and cooperation ef- mal. But what if they reduce it by only $400 payments, the bill we report sets precedents forts. million? Then we will be shorting the military that I am not eager to establish, and it begs I urge you, then, to oppose another $7.8 bil- personnel accounts by $410 million, unless we a big question: for how long can we sustain lion for missile defense and to oppose this bill. shift the money back from the items to which what we have started? Mr. SPRATT. Mr. Chairman, I support this it is transferred. Mr. UDALL of New Mexico. Mr. Chairman bill, but I think an admonition about the budget Committee staff asked DoD for a likely esti- today, the House is considering H.R. 4546, is in order. We actually have one bill before mate of this adjustment and took the high end the Defense Authorization Act for Fiscal Year us, while holding another in abeyance. The of the range indicated by DoD. If the actuaries 2003. At a time when the men and women of President requested a total of $396 billion for come in lower, the adjustments will have to be our armed forces are spread across the globe national security, primarily for the Department made. Certain items now funded will have to defending our nation and helping to combat of Defense (DoD) and the nuclear weapons be de-funded or cut. Congress should not get terrorism, this is a critically important piece of program run by the Department of Energy in the habit of trying to jump ahead of actuarial legislation that deserves to have a full debate (DoE). The President asked us to set aside estimates in order to find savings to be used on a wide range of issues that affect our fight- $10 billion of the DoD budget as a ‘‘war re- for other items. ing men and women and will determine how serve’’ for actions in Afghanistan and else- There is a widespread sentiment that DoD we defend America in the 21st Century. where in the war on terrorism. For DoD, he re- needs more funding, even though the Presi- Unfortunately, Mr. Chairman, the majority quested a total of $379 billion, of which $10 dent’s request for next year is the largest in- has once again rigged the system to prevent billion is for the war reserve and $369 billion crease in twenty years. I share the sentiment, the minority from offering the American people is the regular request. but question quite a few of the allocations in a real debate on these critically important There are two reasons for keeping separate this bill. For example, if we took $70,000,000 issues. Even more unfortunately, Mr. Chair- the $10 billion request. One is to earmark out of projects like the space-based kinetic in- man, is the sad fact that I’m not really sur- funds for the war on terrorism, the other is not terceptor (on which we have spent millions al- prised any more when the majority presents to merge into the base budget funding that ready, to no avail), we could buy 24 PAC–3s us with so few choices. This isn’t the first time may be non-recurring. and lower the purchase cost from $6.5 to $5.6 we’ve had sham rules on the floor, and most One of the bills approved by the House million per missile. The PAC–3 is the only mis- certainly, it won’t be the last. Repeatedly, we Armed Services Committee authorizes $3.8 sile defense system that we will deploy in the are given fewer opportunities to offer amend- billion, which is to be drawn from the $10 bil- next five years, and it is a theater system, ments on the important legislation. Mr. Chairman, today, once again I am sad- lion war reserve. But the $3.8 billion we are where the threat is clear and present. With dened that the majority has prevented us from authorizing is actually part of the regular $369 only 20 PAC–3s deployed, and 72 in process offering important amendments to improve this billion request. In the main bill, we are author- of being procured, 24 additional PAC–3’s bill on a wide range of issues. izing DoD activities at the $369 billion level, could make a major difference to the defense We won’t have a real debate on whether or but since $3.8 billion of the regular request is of our troops in some conceivable scenarios in not we should change our national nuclear now being provided for in the other bill, we the very near future. Moving from the tactical policy. I find it amazing that the Administration have $3.8 billion more in the main bill to be to the strategic. I have long been concerned seems to be steering our nation towards ex- used for ships and other procurement needs, that we are under-funding the DOE’s nuclear panding nuclear weapons, and we seem to be research and development, and member-inter- complex both for stockpile stewardship and allowing this without any debate. est items. environmental cleanup. The bill we are report- We also don’t have a chance to debate the Here are the problems with this approach. ing does little to address these important impact this legislation will have on the environ- One, we are actually authorizing $3.8 billion areas. ment. We won’t debate the Administration’s at- more than the President requested for regular I have always supported a strong defense, tempt to gut our national environmental pro- DoD appropriations, and DoD will eventually but we should bear in mind that our economy tection laws by exempting the Department of need that money for the war on terrorism. I is the first instrument of our national defense. Defense from the Migratory Bird and Endan- met with the DoD Comptroller, Secretary The federal budget constitutes 20 percent of gered Species Acts and by waiving protections Zakheim, and he acknowledged that while the our economy and has a great impact on it, as found in the Wilderness Act. $10 billion war reserve was a good faith effort we saw during the 1990s. Each year for eight As many of my colleagues have stated, to account for the likely budgetary effect of the years, we reduced the budget deficit and then these issues and many others are of such na- war, it is a low-ball estimate. So, if we use moved the budget into surplus; and every year tional significance, it’s unconscionable that we $3.8 billion of the $10 billion reserve for reg- for 120 straight months, the economy grew. In aren’t having an open and fair debate on ular items, we will have to make up the $3.8 passing this bill, we take the first step in a de- them. This sorry excuse for a Rule provided billion by adding that amount to the fense budget that will cost $557 billion more for by the majority is patently unfair. And it’s supplementals that are likely to come later to than inflation over the next ten years. I recog- patently undemocratic. fully fund the war on terrorism. If the appropri- nize the need and the primacy we must give These issues are too important to allow the ators follow our lead, we will spend $3.8 billion the defense of our country, and I do not think majority to gag us once again. more on defense than the President has re- that we can be stinting about the cost of our Mr. YOUNG of Alaska. Mr. Chairman, I quested, and add $3.8 billion more to the def- war against terrorism. But I am concerned as would like to speak briefly on section 312 icit and national debt. to whether we can sustain over the long run which says that an approved Integrated Nat- Second, what happens if the appropriators all that we are supporting in this bill. ural Resource Management Plan (INRMP) that do not follow suit, or if they are not allowed to As we pass the bill authorizing a $48 billion addresses the conservation needs of listed do so by the House leadership? Then, we will increase in defense, the budget overall is threatened or endangered species obviates have $3.8 billion in hollow BA (Budget Author- moving toward a unified deficit of $150 billion the need to designate critical habitat under the ity). We will authorize $3.8 billion worth of this year. In other words, the federal budget in Endangered Species Act. I would like to re- items that never get appropriated. This is not fiscal year 2002 will borrow and spend all of mind my colleagues of congressional intent

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.076 pfrm15 PsN: H09PT1 H2280 CONGRESSIONAL RECORD — HOUSE May 9, 2002 and statutory direction when we established ments are thousands of pages long, cost mil- I would also like to commend my very good INRMPs in the 1997 Amendments to the Sikes lions of dollars and take years to prepare. friend, JIM SAXTON, Chairman of the Military Act. Even when good faith efforts have been made Installations and Facilities Subcommittee, I strongly believe that we need to provide to address the minutiae of endless environ- whom I have been so fortunate to work closely our men and women being sent ‘‘in harm’s mental issues in the EIS process, the docu- with, both on Armed Services and the Re- way’’ the most thorough and realistic readi- ments are often subject to litigation, being sources Committees. His sincere concern for ness training as possible on our military instal- overturned or disregarded. I want to make it the quality of life of our troops, as well as his lations. Let me also express my firm belief that very clear that the creation of the INRMPs truly bipartisan, cooperative leadership, have military preparedness and sound stewardship where not intended to become a continual EIS guaranteed an equitable bill that directly an- of our natural resources, is not mutually exclu- process, or as a justification for endless stud- swers the pressing needs for our military infra- sive, they are mutually beneficial. Appropriate ies on environmental stewardship and man- structure. land and natural resource management of our agement. I would like to thank the committee staff for installations provides not only for sustainable PROPOSAL FOR WESTERN ALASKA WORKFORCE their tireless work and invaluable expertise. use for military readiness, but for conservation DEVELOPMENT These professionals have been working day in of our natural resources on public lands under 1. Contact Information—a. Alaska Contact: and day out, weekends included, for the past military department jurisdiction. This is the un- Wendy Redman, University of Alaska, Box two months, to put together the best bill pos- derlying philosophy of the amendments I 755000, Fairbanks, Alaska 99775. b. Congressional Office Contact: Ann Gib- sible. I would especially like to thank the Mili- sponsored to the Sikes Act in 1997 that di- tary Installations and Facilities Subcommittee rected the Secretary of Defense to prepare son, Congressman Don Young’s Office, 2111 Rayburn, Washington, DC 20515, 225–5765. professional staff, George Withers and Tom and implement INRMP’s in cooperation with 2. Describe the organization’s main activi- Hawley. No subcommittee is better served the U.S. Fish and Wildlife Service and respec- ties and whether it is a public, private or than ours with dedicated, smart, and consum- tive State fish and wildlife agencies. non-profit entity. The University of Alaska mate staff. Specifically, the Sikes Act directs the Sec- is Alaska’s land grant postsecondary institu- As ranking member of the Military Installa- retary of each military department to prepare tion and the largest public post-secondary and implement an INRMP for each military in- institution in the state. tions and Facilities Subcommittee, I am espe- stallation in the United States under the juris- 3. A brief description of the proposal: This cially concerned about the effect this bill will diction of the Secretary of Defense unless the is a proposal to continue workforce training have on our military housing and infrastruc- in an area of Alaska economically dev- Secretary determines that the absence of sig- ture. Our Subcommittee labored hard to com- astated by the failure of the salmon indus- pensate for an anemic construction budget nificant natural resources on a particular in- try. The training effort is to re-train former stallation makes preparation of such a plan in- proposed by the President—a budget $1.7 bil- fisheries workers in other fields where there lion lower than that put forward last year. appropriate. Section 670a(a)(2) directs that is employment available. The training areas each INRMP shall be prepared ‘‘in coopera- are office occupations, construction, com- From this highly unsatisfactory starting point, tion’’ with the Secretary of the Interior, acting puter repair and nursing assistants. our Subcommittee added $425 million to fund through the Director of the Fish and Wildlife The primary private economic base in projects vital to the Services. An ongoing cam- Western Alaska was the salmon fishery. Be- Service, and with the head of each appro- paign against global terrorism is not an excuse ginning several years ago, the salmon runs to abandon our campaign against substandard priate State fish and wildlife agency for the have failed to materialize leaving a dire eco- State in which the military installation is lo- facilities and housing. Funding for military con- nomic situation. This program is to train struction must match the rhetoric; otherwise, cated. This section further provides that the workers in new areas and lift their depend- we will lose the battle for quality people willing resulting INRMP for the military installation ence from public assistance. ‘‘shall reflect the mutual agreement of the par- 4. Project costs: The request is for $2.5 mil- to serve. Our people, and their living and ties concerning conservation, protection and lion which is all for training equipment, in- working conditions, must continue to be our structors and student stipends. number one priority. management of fish and wildlife resources.’’ 5. Other funding sources: The University of I understand that DOD has, in practice, not Given the military’s current operational Alaska contributes approximately $500,000 to tempo, it is imperative that we show our ap- always involved the other statutory parties in the existing training. development of an INRMP at an early stage, 6. Federal funding sources: The program preciation for those who volunteer to go in but instead sought their concurrence to a com- did not receive federal funding in FY02. harm’s way. These men and women pledge to pleted draft. While such a policy might com- 7. National significance: This program ad- support and defend American democracy, port with the statutory direction as to ‘‘mutual dresses the federal responsibilities when a both at home and abroad, often at great per- agreement of the parties,’’ it does not comport disaster occurs to assist in economic recov- sonal sacrifice and for significant periods of ery. It accomplishes this by training workers with the ‘‘preparation in cooperation with’’ di- time. We owe it to them, and to their families, in new fields where there is employment. to keep our promise of increased safety and rective. Cooperation of the statutory parties, The program could be a model for other begun at the earliest stages of development of areas of the nation experiencing similar eco- morale in the home and in the workplace. an INRMP, is the contemplation of the statute. nomic devastation, particularly rural areas. In pursuit of such a goal, this bill authorizes Such cooperation should go far to reconcile Mr. ABERCROMBIE. Mr. Chairman, al- $678.4 million—$17.7 million more than the potential differences, and I would like to re- though I am disappointed in the rule before President’s request—for construction and im- mind the Department of Defense that we ex- this body, I rise in strong support of the Na- provement of 3,447 family housing units and pect the process explicitly contemplated in the tional Defense Authorization Act for Fiscal the privatization of over 30,000 units. Privat- Sikes Act to be undertaken by the Depart- Year 2003, and urge my colleagues to support ization authorities, extended in last year’s de- ment. While there are exemplary INRMPs re- this important measure. I deeply regret the de- fense bill, provide our military accelerated op- flecting this sincere level of involvement, the cision of the Rules Committee to prohibit sev- portunities to renovate and build vastly im- Department needs to re-commit itself to Con- eral critical amendments from being consid- proved family housing developments with pri- gress’ direction in the 1997 amendments to ered here today. vate sector capital and I applaud the continu- the Sikes Act by involving all three parties at I would first like to recognize our committee ation of this important program. Our committee the beginning, during development, and during leadership, Chairman STUMP and Ranking also included $1.2 billion for construction of 49 implementation of INRMPs. Consensus build- Member SKELTON, for the bipartisan bill they new barracks and dormitories in the FY03 au- ing and problem solving throughout the proc- have crafted to address the immediate needs thorization and $8.6 million in H.R. 4547, the ess will most likely facilitate the ‘‘mutual of our Armed Forces. Our committee has a Cost of War Against Terrorism Authorization agreement’’ required by the statute of the long tradition of working across party lines to Act, for unaccompanied personnel housing in three parties. ensure the readiness and well-being of our Qatar. Once again, attention to the living con- Finally, I would like to express my strong Armed Forces, and I am greatly pleased to ditions of our single soldiers, sailors, airmen, concerns about the evolution of environmental have participated in yet another cooperative and Marines has been a high priority for our management practices. I’m strongly against effort with my Armed Services colleagues. committee, and I sincerely hope that we can INRMPs becoming something like the environ- We all know that Chairman STUMP has an- bring all of our barracks up to the same excel- mental impact studies that are required today. nounced this intention to retire at the end of lent standard set by the Army’s Whole Bar- Today, EIS documents have become a black this Congress. His steadfast leadership, ac- racks Renewal at Schofield Barracks, Hawaii. hole of time, money and bureaucracy. EIS knowledged in the title of this bill, will be I am especially pleased to note the $17.6 mil- documents were once two-page documents of missed, and I know that the entire House lion provided to build Child Development Cen- environmental consequences. Now EIS docu- wishes him the best of luck in the future. ters. This represents funding for four such

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.079 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2281 centers, $6.9 million and one more than rec- fense spending in two decades, is not really fense. There is no doubt that more than ever, ommended by the President’s budget, and ac- an ‘increase’ so much as it is a ‘payment past we must focus on defending our homeland knowledges the emphasis this Congress and due’ on a defense budget that was signifi- against terrorism, we must support our military the military places on the needs of service cantly under-funded in the 1990s. This out- personnel, and we must give our military the members with children. Military couples and standing debt is most easily seen in the Navy. training, equipment, and weapons it needs to single parents alike benefit when the military It was the Navy that brought the Marine Expe- beat terrorism around the world. recognizes their specific needs and eases ditionary Units to the Afghanistan theater of Like all of my colleagues, I remain stead- their child-care burdens. operations, and it is the Navy that conducted fastly committed to our fight against terrorism. Our achievements in military construction 75% of the strike sorties flown in Afghanistan. And yet, as this nation faces the most difficult will be an ongoing effort aimed at providing As we speak, Navy assets are not just in the threat it has faced in decades, I believe it is quality living and working facilities for our en- Indian Ocean, but also off the coasts of Soma- essential that we understand how our defense tire military family, stationed at home and lia, Yemen, and the Philippines. The Carrier capabilities need to change to reflect new 21st overseas. I know that under Mr. SAXTON’s ex- Battle Group was the force enabler in Afghani- century threats. I believe Secretary Rumsfeld cellent stewardship, the Subcommittee on Mili- stan—and it will be the force enabler in the is trying to refocus and reprioritize our defense tary Installations and Facilities will continue to next theater of operations in the war on terror. programs along those lines, but clearly he isn’t focus on raising the living and working stand- America’s defense requires a combat cred- being assisted by some of our colleagues here ards for our Armed Forces. They have volun- ible expeditionary force. America’s aircraft car- in the House, who seem content to address teered to protect our freedom. Now we must riers with 2.5 acres of sovereign territory are new threats with Cold War-era technologies. just that. In the early part of the last century, protect them by building safe, modern facilities So my first objection to this bill is that al- President Theodore Roosevelt sent his ‘Big for the 21st century military. though it funds defense programs at their Stick’ fleet around the world to deter other na- Again, I urge my colleagues to support this highest levels since 1966, it doesn’t present a tions from developing an aggressive stance to- measure. coherent vision of how to realign our defense Mr. NUSSLE. Mr. Chairman, I rise today in wards the U.S. In the year 2002, we have sent our ‘Big Stick’ around the world to keep those priorities. We need to make clear decisions support of H.R. 4546, the Bob Stump National about our defense spending, and this bill Defense Authorization Act for Fiscal Year that would terrorize America on the run. Now is the time for a ‘Big Stick’ budget and invest- doesn’t begin to consider the choices that 2003. This important piece of legislation is must be made. consistent with the levels established in H. ments in carrier battle groups are crucial to I have other objections to the bill. It includes Con. Res. 353, the House-passed budget res- maintaining our superiority over America’s en- provisions concerning the Endangered Spe- olution. On March 20, this body passed a emies—conventional, and unconventional. cies Act and the Migratory Bird Treaty Act, budget resolution that made available the Mr. HOLT. Mr. Chairman, this could be such matters within the jurisdiction of other Commit- budgetary resources for the largest increase in a better bill if the committee had made many tees, including the Resources Committee, but defense spending in two decades. We pro- more amendments in order. There are major which that Committee had no opportunity to vided $393.8 billion in budget authority for na- changes in defense policy in this bill that may consider. There is broad-based support for ex- tional defense, including $10 billion for the ex- become law without debate. The rule to stifle isting environmental laws—as there should pected war costs. debate is not just a procedural outrage, it is be—and these laws already allow case-by- The principal reason for that increase, of contrary to our national security. I offered an case flexibility to protect national security. I course, was our unwavering commitment to amendment to the Rules Committee that was find it simply unacceptable that neither our win the war against terrorism. But in addition not made in order that would have eliminated Committee nor the full House will have the op- to combating terrorism, we provided a blue- funding for a program in the bill that does not portunity to consider whether the changes that print in the resolution to give every service merit the support of this Congress. My amend- would be made by this bill are necessary or member a 4.1-percent pay rise, increased ment would remove $7.5 million added to this appropriate. housing allowances, and increased incentive bill for the Kinetic Energy Anti-Satellite—also pay. Also, and I believe this deserves particu- known as the KE-ASAT—program. Like a The bill also includes an entire title—Title giant fly swatter in space, this weapon would larly to be noted, under Republican leadership XIV—that not only includes provisions dealt knock out enemy satellites. we kept our promises to America’ veterans: with in a bill referred to the Resources Com- The Department of Defense does not sup- For the first time in decades we broke the leg- mittee, but also goes further to include matters port KE–ASAT. President Bush requested no within our Committee’s exclusive jurisdiction. islative logjam over concurrent receipt of mili- money for it. Former President Clinton line tary retirement pay and veterans disability Many Armed Services Committee members item vetoed funding for it in 1998. Defense themselves have said this was ‘‘a procedural compensation. The budget resolution provided Secretaries, Pentagon weapons advisory the resources to phase in full concurrent re- foul,’’ but once again the Rules Committee boards and independent defense analysts has made it impossible for the House to con- ceipt for retirees with 60 percent or greater VA have all called KE–ASAT a horrendous waste. disabilities. I am happy to say that the defense sider changes. That is another reason I must The GAO, in its examination of this program oppose the bill. authorization bill under consideration today is called KE–ASAT a program ‘‘in disarray.’’ completely consistent with the approach we I am also concerned that the bill endorses Yet we continue to fund it. This money was the President’s recent review of the U.S. nu- took on concurrent receipt in the budget reso- added to the bill without debate, and, unfortu- lution. clear posture. That review includes some trou- nately, we will not have the opportunity to de- bling provisions, such as the one to increase Finally, section 201 of the budget resolution bate it today. I ask my colleagues: How many the speed at which nuclear testing could re- provided for a $10-billion reserve fund to con- other meritorious defense needs could benefit sume if needed. Another provision would re- tinue military operations in fiscal year 2003. I from that $7.5 million? Any one of us could duce the U.S. nuclear arsenal to 1,700–2,200 am advised that the Armed Services Com- write a laundry list of other, better uses for this weapons, but without destroying the weapons mittee has opted to deal with that subject mat- money, both in and out of the defense budget. ter later in a separate bill, H.R. 4547, when At this time, when our nation’s military is removed. I worry that simply storing weapons the Pentagon provides more budgetary detail facing so many challenges, it is simply uncon- would encourage a similar move in Russia, about how it plans to spend the $10 billion. scionable to waste money on systems like where the government’s control over its nu- I close in noting that the House Budget this. I respectfully urge my colleagues to make clear stockpile is considered less than secure. Committee completed its work on schedule my amendment in order and give the Mem- I also worry that the bill includes a minimum and provided a framework for timely consider- bers of the House the opportunity to work their requirement of operationally deployed weap- ation of the vital bill on the floor today. But as will on this subject. ons at 1,700, which would not give the presi- we all know, the other body still has not Mr. UDALL of Colorado. Mr. Chairman, this dent flexibility in his current negotiations with passed a budget resolution for fiscal year bill is one of the most important measures that Russia. 2003. Given the other body’s glacial slowness the House will consider this year. It is intended The bill would also urge the Administration in doing the public’s business, it is all the to set out our vision for the defense of our to develop nuclear earth-penetrating weapons more important that the House show leader- country in the years ahead—both in terms of and nuclear-tipped ballistic missile intercep- ship and pass a resolution deeming the provi- policy direction and spending priorities. Unfor- tors. I believe we must be extremely cautious sions of H. Con. Res. 353 to be in force. tunately, the vision this bill puts forth is not before we consider expanding applications of I express my support for H.R. 4546. one I can endorse, and so I cannot vote for it. nuclear use. We all agree on the need to Mr. FORBES. Mr. Chairman, as many peo- There is no doubt that September 11th maintain the deterrent capability of our nuclear ple are now aware, the largest increase in de- changed the way we view our national de- forces, but I fear the language in this bill could

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.081 pfrm15 PsN: H09PT1 H2282 CONGRESSIONAL RECORD — HOUSE May 9, 2002 begin to blur the distinction between conven- (B) led efforts to improve the quality of mili- Subtitle B—Program Requirements, tional and nuclear weapons and thus increase tary life, including passage of the largest mili- Restrictions, and Limitations the likelihood of nuclear use. tary pay raise since 1982; Sec. 211. RAH–66 Comanche aircraft program. (C) supported military retirees, including ef- Finally, I am concerned that this bill would Sec. 212. Extension of requirement relating to forts to reverse concurrent receipt law and to management responsibility for give the Pentagon’s National Missile Agency save the Armed Forces Retirement Homes; naval mine countermeasures pro- exemptions from regulations for controlling (D) championed military readiness by defend- grams. and monitoring new weapons programs. Giv- ing military access to critical training facilities Sec. 213. Extension of authority to carry out ing the Pentagon this exemption effectively such Vieques, Puerto Rico, expanding the Na- pilot program for revitalizing the tional Training Center at Ft. Irwin, California, eliminates the checks and balances that are laboratories and test and evalua- and working to restore balance between envi- so necessary in weapons development, and tion centers of the Department of ronmental concerns and military readiness re- especially given the past technical failures and Defense. quirements; cost overruns in missile defense programs to (E) reinvigorated efforts to defend America Sec. 214. Revised requirements for plan for date, I can’t support a bill that includes this against ballistic missiles by supporting an in- Manufacturing Technology Pro- provision. crease in fiscal year 2002 of nearly 50 percent gram. In short, Mr. Chairman, I don’t question the above the fiscal year 2001 level for missile de- Sec. 215. Technology Transition Initiative. urgent need to provide for this country’s de- fense programs; and Sec. 216. Defense Acquisition Challenge Pro- fense—I just think we need to do it right. This (F) honored America’s war heroes by expand- gram. bill doesn’t do it right, and so I can’t support ing Arlington National Cemetery, establishing a Subtitle C—Ballistic Missile Defense site for the Air Force Memorial, and assuring it. Sec. 231. Limitation on obligation of funds for construction of the World War II Memorial. The CHAIRMAN. All time for general procurement of Patriot (PAC–3) (7) In recognition of his long record of accom- debate has expired. missiles pending submission of re- plishments in enhancing the national security quired certification. Pursuant to the rule, the committee of the United States and his legislative victories amendment in the nature of a sub- on behalf of active duty service members, reserv- Sec. 232. Responsibility of Missile Defense stitute printed in the bill is considered ists, guardsmen, and veterans, it is altogether Agency for research, development, as an original bill for the purpose of fitting and proper that this Act be named in test, and evaluation related to amendment and is considered read. honor of Representative Bob Stump of Arizona, system improvements of programs The text of the committee amend- as provided in subsection (a). transferred to military depart- ments. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; ment in the nature of a substitute is as Sec. 233. Amendments to reflect change in name follows: TABLE OF CONTENTS. (a) DIVISIONS.—This Act is organized into of Ballistic Missile Defense Orga- H.R. 4546 three divisions as follows: nization to Missile Defense Agen- Be it enacted by the Senate and House of Rep- (1) Division A—Department of Defense Au- cy. resentatives of the United States of America in thorizations. TITLE III—OPERATION AND Congress assembled, (2) Division B—Military Construction Author- MAINTENANCE SECTION 1. SHORT TITLE; FINDINGS. izations. Subtitle A—Authorization of Appropriations (a) SHORT TITLE.—This Act may be cited as (3) Division C—Department of Energy Na- the ‘‘Bob Stump National Defense Authorization tional Security Authorizations and Other Au- Sec. 301. Operation and maintenance funding. Act for Fiscal Year 2003’’. thorizations. Sec. 302. Working capital funds. (b) FINDINGS.—Congress makes the following (b) TABLE OF CONTENTS.—The table of con- Sec. 303. Armed Forces Retirement Home. findings: tents for this Act is as follows: Subtitle B—Environmental Provisions (1) Representative Bob Stump of Arizona was Sec. 1. Short title; findings. elected to the House of Representatives in 1976 Sec. 311. Incidental taking of migratory birds Sec. 2. Organization of Act into divisions; table during military readiness activity. for service in the 95th Congress, after serving in of contents. the Arizona legislature for 18 years and serving Sec. 312. Military readiness and the conserva- Sec. 3. Congressional defense committees de- tion of protected species. as President of the Arizona State Senate from fined. 1975 to 1976, and he has been reelected to each Sec. 313. Single point of contact for policy and subsequent Congress. DIVISION A—DEPARTMENT OF DEFENSE budgeting issues regarding (2) A World War II combat veteran, Rep- AUTHORIZATIONS unexploded ordnance, discarded resentative Stump entered service in the United TITLE I—PROCUREMENT military munitions, and munitions States Navy in 1943, just after his 16th birthday, constituents. Subtitle A—Authorization of Appropriations and served aboard the USS LUNGA POINT and Sec. 101. Army. Subtitle C—Commissaries and the USS TULAGI, which participated in the in- Nonappropriated Fund Instrumentalities vasions of Luzon, Iwo Jima, and Okinawa. Sec. 102. Navy and Marine Corps. (3) Representative Stump was elected to the Sec. 103. Air Force. Sec. 321. Authority for each military depart- Committee on Armed Services in 1978 and has Sec. 104. Defense-wide activities. ment to provide base operating served on nearly all of its subcommittees and Sec. 105. Defense Inspector General. support to fisher houses. panels during 25 years of distinguished service Sec. 106. Chemical demilitarization program. Sec. 322. Use of commissary stores and MWR re- on the committee. He has served as chairman of Sec. 107. Defense health programs. tail facilities by members of Na- the committee during the 107th Congress and Subtitle B—Navy Programs tional Guard serving in national has championed United States national security Sec. 111. Shipbuilding initiative. emergency. Sec. 323. Uniform funding and management of as the paramount function of the Federal Gov- Subtitle C—Air Force Programs ernment. morale, welfare, and recreation (4) Also serving on the Committee on Vet- Sec. 121. Multiyear procurement authority for programs. C–130J aircraft program. erans’ Affairs of the House of Representatives, Subtitle D—Workplace and Depot Issues chairing that committee from 1995 to 2000, and Subtitle D—Other Programs Sec. 331. Notification requirements in connec- serving on the Permanent Select Committee on Sec. 141. Revisions to multiyear contracting au- tion with required studies for con- Intelligence of the House of Representatives, in- thority. version of commercial or indus- cluding service as the ranking minority member Sec. 142. Transfer of technology items and trial type functions to contractor in 1985 and 1986, Representative Stump has equipment in support of homeland performance. dedicated his entire congressional career to security. Sec. 332. Waiver authority regarding prohibi- steadfastly supporting America’s courageous Sec. 143. Destruction of existing stockpile of le- tion on contracts for performance men and women in uniform both on and off the thal chemical agents and muni- of security-guard functions. battlefield. tions. Sec. 333. Exclusion of certain expenditures from (5) Representative Stump’s tireless efforts on Sec. 144. Report on unmanned aerial vehicle percentage limitation on con- behalf of those in the military and veterans systems. tracting for performance of depot- have been recognized with numerous awards for Sec. 145. Report on impact of Army Aviation level maintenance and repair outstanding service from active duty and reserve Modernization Plan on the Army workloads. military, veterans’ service, military retiree, and National Guard. industry organizations. Sec. 334. Repeal of obsolete provision regarding TITLE II—RESEARCH, DEVELOPMENT, (6) During his tenure as chairman of the Com- depot-level maintenance and re- TEST, AND EVALUATION mittee on Armed Services of the House of Rep- pair workloads that were per- resentatives, Representative Stump has— Subtitle A—Authorization of Appropriations formed at closed or realigned mili- (A) overseen the largest sustained increase to Sec. 201. Authorization of appropriations. tary installations. defense spending since the Reagan administra- Sec. 202. Amount for defense science and tech- Sec. 335. Clarification of required core logistics tion; nology. capabilities.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 6343 E:\CR\FM\A09MY7.085 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2283 Subtitle E—Defense Dependents Education Sec. 512. Courts-martial for the National Guard Sec. 602. Expansion of basic allowance for Sec. 341. Assistance to local educational agen- when not in Federal service. housing low-cost or no-cost moves cies that benefit dependents of Sec. 513. Matching funds requirements under authority to members assigned to members of the Armed Forces and National Guard Youth Challenge duty outside United States. Department of Defense civilian Program. Subtitle B—Bonuses and Special and employees. Subtitle C—Reserve Component Officer Incentive Pays Sec. 342. Availability of quarters allowance for Personnel Policy Sec. 611. One-year extension of certain bonus unaccompanied defense depart- Sec. 521. Exemption from active status strength and special pay authorities for re- ment teacher required to reside on limitation for reserve component serve forces. overseas military installation. general and flag officers serving Sec. 612. One-year extension of certain bonus Sec. 343. Provision of summer school programs on active duty in certain joint and special pay authorities for for students who attend defense duty assignments designated by certain health care professionals. dependents’ education system. Sec. 613. One-year extension of special pay and the Chairman of the Joint Chiefs bonus authorities for nuclear offi- Subtitle F—Information Technology of Staff. cers. Sec. 351. Navy-Marine Corps Intranet contract. Sec. 522. Eligibility for consideration for pro- Sec. 614. One-year extension of other bonus and Sec. 352. Annual submission of information on motion to grade of major general special pay authorities. national security and information for certain reserve component Sec. 615. Minimum levels of hardship duty pay technology capital assets. brigadier generals who do not for duty on the ground in Antarc- Sec. 353. Implementation of policy regarding otherwise qualify for consider- tica or on Arctic icepack. certain commercial off-the-shelf ation for promotion under the Sec. 616. Increase in maximum rates for prior information technology products. one-year rule. service enlistment bonus. Sec. 354. Installation and connection policy Sec. 523. Retention of promotion eligibility for Sec. 617. Retention incentives for health care and procedures regarding Defense reserve component general and providers qualified in a critical Switch Network. flag officers transferred to an in- military skill. Subtitle G—Other Matters active status. Subtitle C—Travel and Transportation Sec. 361. Distribution of monthly reports on al- Sec. 524. Authority for limited extension of med- Allowances location of funds within operation ical deferment of mandatory re- Sec. 631. Extension of leave travel deferral pe- and maintenance budget sub- tirement or separation for reserve riod for members performing con- activities. officers. secutive overseas tours of duty. Sec. 362. Minimum deduction from pay of cer- Subtitle D—Education and Training Subtitle D—Retired Pay and Survivors tain members of the Armed Forces Sec. 531. Authority for phased increase to 4,400 Benefits to support Armed Forces Retire- in authorized strengths for the Sec. 641. Phase-in of full concurrent receipt of ment Home. service academies. military retired pay and veterans Sec. 363. Condition on conversion of Defense Sec. 532. Enhancement of reserve component disability compensation for mili- Security Service to a working cap- delayed training program. tary retirees with disabilities ital funded entity. rated at 60 percent or higher. Sec. 364. Continuation of Arsenal support pro- Subtitle E—Decorations and Awards Sec. 642. Change in service requirements for eli- gram initiative. Sec. 541. Waiver of time limitations for award of gibility for retired pay for non- Sec. 365. Training range sustainment plan, certain decorations to certain per- regular service. Global Status of Resources and sons. Sec. 643. Elimination of possible inversion in re- Training System, and training Sec. 542. Option to convert award of Armed tired pay cost-of-living adjust- range inventory. Forces Expeditionary Medal ment for initial COLA computa- Sec. 366. Amendments to certain education and awarded for Operation Frequent tion. nutrition laws relating to acquisi- Wind to Vietnam Service Medal. Sec. 644. Technical revisions to so-called ‘‘for- tion and improvement of military Subtitle F—Administrative Matters gotten widows’’ annuity program. housing. Sec. 551. Staffing and funding for Defense Pris- Subtitle E—Reserve Component Montgomery TITLE IV—MILITARY PERSONNEL oner of War/Missing Personnel GI Bill AUTHORIZATIONS Office. Sec. 651. Extension of Montgomery GI Bill-Se- Subtitle A—Active Forces Sec. 552. Three-year freeze on reductions of per- lected Reserve eligibility period. Sec. 401. End strengths for active forces. sonnel of agencies responsible for Subtitle F—Other Matters Sec. 402. Revision in permanent end strength review and correction of military Sec. 661. Addition of definition of continental minimum levels. records. United States in title 37. Sec. 403. Authority for military department Sec- Sec. 553. Department of Defense support for TITLE VII—HEALTH CARE MATTERS retaries to increase active-duty persons participating in military end strengths by up to 1 percent. funeral honors details. Subtitle A—Health Care Program Sec. 404. General and flag officer management. Sec. 554. Authority for use of volunteers as Improvements Sec. 405. Extension of certain authorities relat- proctors for administration of Sec. 701. Elimination of requirement for ing to management of numbers of Armed Services Vocational Apti- TRICARE preauthorization of in- general and flag officers in cer- tude Battery test. patient mental health care for tain grades. Sec. 555. Annual report on status of female medicare-eligible beneficiaries. Sec. 702. Expansion of TRICARE Prime Remote Subtitle B—Reserve Forces members of the Armed Forces. for certain dependents. Sec. 411. End strengths for Selected Reserve. Subtitle G—Benefits Sec. 703. Enabling dependents of certain mem- Sec. 412. End strengths for reserves on active Sec. 561. Voluntary leave sharing program for bers who died while on active duty in support of the Reserves. members of the Armed Forces. duty to enroll in the TRICARE Sec. 413. End strengths for military technicians Sec. 562. Enhanced flexibility in medical loan dental program. (dual status). repayment program. Sec. 704. Improvements regarding the Depart- Sec. 414. Fiscal year 2003 limitation on non- Sec. 563. Expansion of overseas tour extension ment of Defense Medicare-Eligible dual status technicians. benefits. Retiree Health Care Fund. Subtitle C—Authorization of Appropriations Sec. 564. Vehicle storage in lieu of transpor- Sec. 705. Certification of institutional and non- Sec. 421. Authorization of appropriations for tation when member is ordered to institutional providers under the military personnel. a nonforeign duty station outside TRICARE program. continental United States. Sec. 706. Technical correction regarding transi- TITLE V—MILITARY PERSONNEL POLICY tional health care. Subtitle H—Military Justice Matters Subtitle A—General Personnel Management Subtitle B—Reports Authorities Sec. 571. Right of convicted accused to request Sec. 711. Comptroller General report on Sec. 501. Increase in number of Deputy Com- sentencing by military judge. Sec. 572. Report on desirability and feasibility TRICARE claims processing. mandants of the Marine Corps. Sec. 712. Comptroller General report on provi- of consolidating separate courses Sec. 502. Extension of good-of-the-service waiv- sion of care under the TRICARE of basic instruction for judge ad- er authority for officers appointed program. vocates. to a Reserve Chief or Guard Di- Sec. 713. Repeal of report requirement. rector position. TITLE VI—COMPENSATION AND OTHER TITLE VIII—ACQUISITION POLICY, Subtitle B—Reserve Component Management PERSONNEL BENEFITS ACQUISITION MANAGEMENT, AND Sec. 511. Reviews of National Guard strength Subtitle A—Pay and Allowances RELATED MATTERS accounting and management and Sec. 601. Increase in basic pay for fiscal year Sec. 801. Plan for acquisition management pro- other issues. 2003. fessional exchange pilot program.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 6343 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 H2284 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Sec. 802. Evaluation of training, knowledge, Sec. 1018. Study of short-term and long-term ef- Sec. 1404. Designation of Pilot Range Wilder- and resources regarding negotia- fects of nuclear earth penetrator ness. tion of intellectual property ar- weapon. Sec. 1405. Designation of Cedar Mountain Wil- rangements. Sec. 1019. Study of short-term and long-term ef- derness. Sec. 803. Limitation period for task and delivery fects of nuclear-tipped ballistic DIVISION B—MILITARY CONSTRUCTION order contracts. missile interceptor. AUTHORIZATIONS Sec. 804. One-year extension of program apply- Subtitle C—Other Matters Sec. 2001. Short title; definition. ing simplified procedures to cer- Sec. 1021. Sense of Congress on maintenance of TITLE XXI—ARMY tain commercial items; report. a reliable, flexible, and robust Sec. 805. Authority to make inflation adjust- strategic deterrent. Sec. 2101. Authorized Army construction and ments to simplified acquisition Sec. 1022. Time for transmittal of annual de- land acquisition projects. threshold. fense authorization legislative Sec. 2102. Family housing. Sec. 806. Improvement of personnel manage- proposal. Sec. 2103. Improvements to military family ment policies and procedures ap- Sec. 1023. Technical and clerical amendments. housing units. plicable to the civilian acquisition Sec. 1024. War risk insurance for vessels in sup- Sec. 2104. Authorization of appropriations, workforce. port of NATO-approved oper- Army. Sec. 807. Modification of scope of ball and roller ations. Sec. 2105. Modification of authority to carry bearings covered for purposes of Sec. 1025. Conveyance, Navy drydock, Port- out certain fiscal year 2002 procurement limitation. land, Oregon. projects. Sec. 808. Rapid acquisition and deployment Sec. 1026. Additional Weapons of Mass Destruc- TITLE XXII—NAVY procedures. tion Civil Support Teams. Sec. 2201. Authorized Navy construction and Sec. 809. Quick-reaction special projects acqui- TITLE XI—CIVILIAN PERSONNEL MATTERS land acquisition projects. sition team. Sec. 1101. Eligibility of Department of Defense Sec. 2202. Family housing. Sec. 810. Report on development of anti- nonappropriated fund employees Sec. 2203. Improvements to military family cyberterrorism technology. for long-term care insurance. housing units. Sec. 811. Contracting with Federal Prison In- Sec. 1102. Extension of Department of Defense Sec. 2204. Authorization of appropriations, dustries. authority to make lump-sum sev- Navy. TITLE IX—DEPARTMENT OF DEFENSE erance payments. Sec. 2205. Modification of authority to carry ORGANIZATION AND MANAGEMENT Sec. 1103. Common occupational and health out certain fiscal year 2002 Sec. 901. Change in title of Secretary of the standards for differential pay- project. Navy to Secretary of the Navy ments as a consequence of expo- TITLE XXIII—AIR FORCE and Marine Corps. sure to asbestos. Sec. 2301. Authorized Air Force construction Sec. 902. Report on implementation of United Sec. 1104. Continuation of Federal Employee and land acquisition projects. States Northern Command. Health Benefits program eligi- Sec. 2302. Family housing. Sec. 903. National defense mission of Coast bility. Sec. 2303. Improvements to military family Guard to be included in future Sec. 1105. Triennial full-scale Federal wage sys- housing units. Quadrennial Defense Reviews. tem wage surveys. Sec. 2304. Authorization of appropriations, Air Sec. 904. Change in year for submission of TITLE XII—MATTERS RELATING TO OTHER Force. Quadrennial Defense Review. NATIONS Sec. 905. Report on effect of noncombat oper- Sec. 1201. Support of United Nations-sponsored TITLE XXIV—DEFENSE AGENCIES ations on combat readiness of the efforts to inspect and monitor Sec. 2401. Authorized Defense Agencies con- Armed Forces. Iraqi weapons activities. struction and land acquisition Sec. 906. Conforming amendment to reflect dis- Sec. 1202. Strengthening the defense of Taiwan. projects. establishment of Department of Sec. 1203. Administrative services and support Sec. 2402. Improvements to military family Defense Consequence Manage- for foreign liaison officers. housing units. ment Program Integration Office. Sec. 1204. Additional countries covered by loan Sec. 2403. Energy conservation projects. TITLE X—GENERAL PROVISIONS guarantee program. Sec. 2404. Authorization of appropriations, De- Sec. 1205. Limitation on funding for Joint Data fense Agencies. Subtitle A—Financial Matters Exchange Center in Moscow. Sec. 2405. Modification of authority to carry Sec. 1001. Transfer authority. Sec. 1206. Limitation on number of military per- out certain fiscal year 2000 Sec. 1002. Authorization of supplemental appro- sonnel in Colombia. project. priations for fiscal year 2002. TITLE XIII—COOPERATIVE THREAT RE- Sec. 2406. Modification of authority to carry Sec. 1003. Uniform standards throughout De- DUCTION WITH STATES OF THE FORMER out certain fiscal year 1999 partment of Defense for exposure SOVIET UNION project. of personnel to pecuniary liability Sec. 1301. Specification of Cooperative Threat Sec. 2407. Modification of authority to carry for loss of Government property. out certain fiscal year 1997 Sec. 1004. Accountable officials in the Depart- Reduction programs and funds. Sec. 1302. Funding allocations. project. ment of Defense. Sec. 1303. Prohibition against use of funds until TITLE XXV—NORTH ATLANTIC TREATY Sec. 1005. Improvements in purchase card man- submission of reports. ORGANIZATION SECURITY INVESTMENT agement. Sec. 1304. Report on use of revenue generated Sec. 1006. Authority to transfer funds within a PROGRAM by activities carried out under Co- major acquisition program from Sec. 2501. Authorized NATO construction and operative Threat Reduction pro- procurement to RDT&E. land acquisition projects. grams. Sec. 1007. Development and procurement of fi- Sec. 2502. Authorization of appropriations, Sec. 1305. Prohibition against use of funds for NATO. nancial and nonfinancial man- second wing of fissile material agement systems. storage facility. TITLE XXVI—GUARD AND RESERVE Subtitle B—Reports Sec. 1306. Sense of Congress and report require- FORCES FACILITIES Sec. 1011. After-action reports on the conduct of ment regarding Russian prolifera- Sec. 2601. Authorized guard and reserve con- military operations conducted as tion to Iran. struction and land acquisition part of Operation Enduring Free- Sec. 1307. Prohibition against use of Coopera- projects. dom. tive Threat Reduction funds out- TITLE XXVII—EXPIRATION AND Sec. 1012. Report on biological weapons defense side the States of the former So- EXTENSION OF AUTHORIZATIONS viet Union. and counter-proliferation. Sec. 2701. Expiration of authorizations and Sec. 1308. Limited waiver of restriction on use Sec. 1013. Requirement that Department of De- amounts required to be specified fense reports to Congress be ac- of funds. Sec. 1309. Limitation on use of funds until sub- by law. companied by electronic version. Sec. 2702. Extension of authorizations of cer- mission of report on defense and Sec. 1014. Strategic force structure plan for nu- tain fiscal year 2000 projects. military contacts activities. clear weapons and delivery sys- Sec. 2703. Extension of authorizations of cer- tems. TITLE XIV—UTAH TEST AND TRAINING tain fiscal year 1999 projects. Sec. 1015. Report on establishment of a joint RANGE Sec. 2704. Effective date. national training complex and Sec. 1401. Definition of Utah Test and Training TITLE XXVIII—GENERAL PROVISIONS joint opposing forces. Range. Sec. 1016. Repeal of various reports required of Sec. 1402. Military operations and overflights at Subtitle A—Military Construction Program the Department of Defense. Utah Test and Training Range. and Military Family Housing Changes Sec. 1017. Report on the role of the Department Sec. 1403. Designation and management of Sec. 2801. Changes to alternative authority for of Defense in supporting home- lands in Utah Test and Training acquisition and improvement of land security. Range. military housing.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 6343 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2285 Sec. 2802. Modification of authority to carry Sec. 3127. Funds available for all national secu- (4) For ammunition, $1,320,026,000. out construction projects as part rity programs of the Department (5) For other procurement, $6,119,447,000. of environmental response action. of Energy. SEC. 102. NAVY AND MARINE CORPS. Sec. 2803. Leasing of military family housing in Sec. 3128. Availability of funds. (a) NAVY.—Funds are hereby authorized to be Korea. Sec. 3129. Transfer of defense environmental appropriated for fiscal year 2003 for procure- Subtitle B—Real Property and Facilities management funds. ment for the Navy as follows: Administration Sec. 3130. Transfer of weapons activities funds. (1) For aircraft, $8,971,555,000. Sec. 2811. Agreements with private entities to Sec. 3131. Scope of authority to carry out plant (2) For weapons, including missiles and tor- limit encroachments and other projects. pedoes, $1,916,617,000. constraints on military training, Subtitle C—Program Authorizations, (3) For shipbuilding and conversion, testing, and operations. Restrictions, and Limitations $9,279,494,000. Sec. 2812. Conveyance of surplus real property Sec. 3141. One-year extension of panel to assess (4) For other procurement, $4,527,763,000. for natural resource conservation the reliability, safety, and secu- (b) MARINE CORPS.—Funds are hereby author- purposes. rity of the United States nuclear ized to be appropriated for fiscal year 2003 for Sec. 2813. National emergency exemption from stockpile. procurement for the Marine Corps in the screening and other requirements Sec. 3142. Transfer to National Nuclear Secu- amount of $1,351,983,000. of McKinney-Vento Homeless As- rity Administration of Department (c) NAVY AND MARINE CORPS AMMUNITION.— sistance Act for property used in of Defense’s Cooperative Threat Funds are hereby authorized to be appropriated support of response activities. Reduction program relating to for fiscal year 2003 for procurement of ammuni- Sec. 2814. Demonstration program on reduction elimination of weapons grade plu- tion for the Navy and the Marine Corps in the in long-term facility maintenance tonium in Russia. amount of $1,104,453,000. costs. Sec. 3143. Repeal of requirement for reports on SEC. 103. AIR FORCE. Sec. 2815. Expanded authority to transfer prop- obligation of funds for programs Funds are hereby authorized to be appro- erty at military installations to be on fissile materials in Russia. priated for fiscal year 2003 for procurement for closed to persons who construct or Sec. 3144. Annual certification to the President the Air Force as follows: provide military family housing. and Congress on the condition of (1) For aircraft, $12,522,755,000. Subtitle C—Land Conveyances the United States nuclear weap- (2) For missiles, $3,482,639,000. PART I—ARMY CONVEYANCES ons stockpile. (3) For ammunition, $1,176,864,000. Sec. 2821. Land conveyances, lands in Alaska Sec. 3145. Plan for achieving one-year readiness (4) For other procurement, $10,907,730,000. no longer required for National posture for resumption by the SEC. 104. DEFENSE-WIDE ACTIVITIES. Guard purposes. United States of underground nu- Funds are hereby authorized to be appro- Sec. 2822. Land conveyance, Fort Campbell, clear weapons tests. priated for fiscal year 2003 for Defense-wide pro- Kentucky. Subtitle D—Matters Relating to curement in the amount of $2,621,009,000. Sec. 2823. Land conveyance, Army Reserve Defense Environmental Management SEC. 105. DEFENSE INSPECTOR GENERAL. Training Center, Buffalo, Min- Sec. 3151. Defense environmental management Funds are hereby authorized to be appro- nesota. cleanup reform program. priated for fiscal year 2003 for procurement for Sec. 2824. Land conveyance, Fort Bliss, Texas the Inspector General of the Department of De- Sec. 2825. Land conveyance, Fort Hood, Texas. Sec. 3152. Report on status of environmental management initiatives to accel- fense in the amount of $2,000,000. PART II—NAVY CONVEYANCES erate the reduction of environ- SEC. 106. CHEMICAL DEMILITARIZATION PRO- Sec. 2831. Land conveyance, Marine Corps Air mental risks and challenges posed GRAM. Station, Miramar, San Diego, by the legacy of the Cold War. There is hereby authorized to be appropriated California. TITLE XXXII—DEFENSE NUCLEAR for fiscal year 2003 the amount of $1,490,199,000 Sec. 2832. Boundary adjustments, Marine Corps FACILITIES SAFETY BOARD for— Base, Quantico, and Prince Wil- (1) the destruction of lethal chemical agents liam Forest Park, Virginia. Sec. 3201. Authorization. and munitions in accordance with section 1412 PART III—AIR FORCE CONVEYANCES TITLE XXXIII—NATIONAL DEFENSE of the Department of Defense Authorization Sec. 2841. Land conveyances, Wendover Air STOCKPILE Act, 1986 (50 U.S.C. 1521); and Force Base Auxiliary Field, Ne- Sec. 3301. Authorized uses of National Defense (2) the destruction of chemical warfare mate- vada. Stockpile funds. riel of the United States that is not covered by section 1412 of such Act. Subtitle D—Other Matters TITLE XXXIV—NAVAL PETROLEUM SEC. 107. DEFENSE HEALTH PROGRAMS. Sec. 2861. Easement for construction of roads or RESERVES Funds are hereby authorized to be appro- highways, Marine Corps Base, Sec. 3401. Authorization of appropriations. priated for fiscal year 2003 for the Department Camp Pendleton, California. TITLE XXXV—MARITIME ADMINISTRATION of Defense for procurement for carrying out Sec. 2862. Sale of excess treated water and Sec. 3501. Authorization of appropriations for health care programs, projects, and activities of wastewater treatment capacity, fiscal year 2003. the Department of Defense in the total amount Marine Corps Base, Camp Sec. 3502. Authority to convey vessel USS of $278,742,000. Lejeune, North Carolina. SPHINX (ARL–24). Sec. 2863. Ratification of agreement regarding SEC. 111. SHIPBUILDING INITIATIVE. Sec. 3503. Financial assistance to States for Adak Naval Complex, Alaska, and (a) USE OF SPECIFIED SHIPBUILDING AUTHOR- preparation of transferred obso- related land conveyances. IZATION AMOUNT SUBJECT TO CONTRACTOR Sec. 2864. Special requirements for adding mili- lete ships for use as artificial AGREEMENT.—Of the amounts authorized to be tary installation to closure list. reefs. appropriated by section 102(a)(3) for fiscal year Sec. 3504. Independent analysis of title XI in- 2003, $810,000,000 shall be available for ship- DIVISION C—DEPARTMENT OF ENERGY surance guarantee applications. NATIONAL SECURITY AUTHORIZATIONS building programs of the Navy either in accord- SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES AND OTHER AUTHORIZATIONS ance with subsection (b) or in accordance with DEFINED. subsection (c). TITLE XXXI—DEPARTMENT OF ENERGY For purposes of this Act, the term ‘‘congres- (b) DDG–51 AUTHORIZATION IF AGREEMENT NATIONAL SECURITY PROGRAMS sional defense committees’’ means— REACHED.—If as of the date of the enactment of Subtitle A—National Security Programs (1) the Committee on Armed Services and the this Act the Secretary of the Navy has submitted Authorizations Committee on Appropriations of the Senate; and to Congress a certification described in sub- Sec. 3101. National Nuclear Security Adminis- (2) the Committee on Armed Services and the section (d), then the amount referred to in sub- tration. Committee on Appropriations of the House of section (a) shall be available for procurement of Sec. 3102. Environmental and other defense ac- Representatives. one Arleigh Burke class (DDG-51) destroyer. tivities. DIVISION A—DEPARTMENT OF DEFENSE (c) AUTHORIZATION IF AGREEMENT NOT Subtitle B—Department of Energy National AUTHORIZATIONS REACHED.—If as of the date of the enactment of Security Authorizations General Provisions TITLE I—PROCUREMENT this Act the Secretary of the Navy has not sub- mitted to Congress a certification described in Sec. 3120. Short title; definitions. Subtitle A—Authorization of Appropriations Sec. 3121. Reprogramming. subsection (d), then the amount referred to in Sec. 3122. Minor construction projects. SEC. 101. ARMY. subsection (a) shall be available as follows: Sec. 3123. Limits on construction projects. Funds are hereby authorized to be appro- (1) $415,000,000 shall be available for advance Sec. 3124. Fund transfer authority. priated for fiscal year 2003 for procurement for procurement for Virginia class submarines. Sec. 3125. Authority for conceptual and con- the Army as follows: (2) $210,000,000 shall be available for advance struction design. (1) For aircraft, $2,300,327,000. procurement for cruiser conversion. Sec. 3126. Authority for emergency planning, (2) For missiles, $1,693,896,000. (3) $185,000,000 shall be available for nuclear- design, and construction activi- (3) For weapons and tracked combat vehicles, powered submarine (SSN) engineered refueling ties. $2,372,958,000. overhaul.

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(d) CERTIFICATION.—A certification referred to procurement of an end item under a multiyear (2) the relationship of the entity described in in subsections (b) and (c) is a certification by contract for the purchase of property only for such section to the InterAgency Board for the Secretary of the Navy that the prime con- procurement of a complete and usable end item. Equipment Standardization and Interoper- tractor for the Virginia class submarine program ‘‘(B) Unless otherwise authorized by law, the ability; and has entered into a binding agreement with the Secretary of Defense may obligate funds appro- (3) the strategic plan of such entity to meet United States to expend from its own funds an priated for any fiscal year for advance procure- the goals described in such section. amount not less than $385,000,000 for economic ment under a multiyear contract for the pur- (e) CLERICAL AMENDMENT.—The table of sec- order quantity procurement of nuclear and non- chase of property only for the procurement of tions at the beginning of subchapter III of chap- nuclear components for Virginia class sub- those long-lead items necessary in order to meet ter 148 of title 10, United States Code, is amend- marines beginning in fiscal year 2003. a planned delivery schedule for complete major ed by adding at the end the following new item: (e) MULTIYEAR PROCUREMENT AUTHORITY.— end items that are programmed under the con- ‘‘2520. Transfer of technology items and equip- (1) If the terms of an agreement described in tract to be acquired with funds appropriated for ment in support of homeland se- subsection (d) between the United States and a subsequent fiscal year.’’. curity.’’. the prime contractor for the Virginia class sub- FFECTIVE ATE (b) E D .—Paragraph (4) of sec- SEC. 143. DESTRUCTION OF EXISTING STOCKPILE marine program include a requirement for the tion 2306b(i) of title 10, United States Code, as OF LETHAL CHEMICAL AGENTS AND Secretary of the Navy to seek to acquire Vir- added by subsection (a), shall not apply with re- MUNITIONS. ginia class submarines through a multiyear pro- spect to any multiyear contract authorized by (a) PROGRAM MANAGEMENT.—The Secretary of curement contract, the Secretary of the Navy law before the date of the enactment of this Act. Defense shall ensure that the program for de- may, in accordance with section 2306b of title 10, SEC. 142. TRANSFER OF TECHNOLOGY ITEMS AND struction of the United States stockpile of lethal United States Code, enter into a multiyear con- EQUIPMENT IN SUPPORT OF HOME- chemical agents and munitions is managed as a tract for procurement of Virginia class sub- LAND SECURITY. major defense acquisition program (as defined in marines, beginning with the fiscal year 2003 pro- (a) IN GENERAL.—Subchapter III of chapter section 2430 of title 10, United States Code) in gram year. 148 of title 10, United States Code, is amended accordance with the essential elements of such (2)(A) In the case of a contract authorized by by adding at the end the following new section: programs as may be determined by the Sec- paragraph (1), a certification under subsection ‘‘§ 2520. Transfer of technology items and retary. (i)(1)(A) of section 2306b of title 10, United equipment in support of homeland security (b) REQUIREMENT FOR UNDER SECRETARY OF States Code, with respect to that contract may ‘‘The Secretary of Defense shall enter into an DEFENSE (COMPTROLLER) ANNUAL CERTIFI- only be submitted if the certification includes an agreement with an independent, nonprofit, CATION.—Beginning with respect to the budget additional certification that each of the condi- technology-oriented entity that has dem- request for fiscal year 2004, the Under Secretary tions specified in subsection (a) of that section onstrated the ability to facilitate the transfer of of Defense (Comptroller) shall submit to the con- has been satisfied with respect to that contract. gressional defense committees on an annual (B) Upon transmission to Congress of a certifi- defense technologies, developed by both the pri- vate and public sectors, to aid Federal, State, basis a certification that the budget request for cation referred to in subparagraph (A) with re- the chemical agents and munitions destruction spect to a contract authorized by paragraph (1), and local first responders. Under the agreement the entity shall develop and deploy technology program has been submitted in accordance with the contract may then be entered into only after the requirements of applicable Federal laws. a period of 30 days has elapsed after the date of items and equipment, through coordination be- SEC. 144. REPORT ON UNMANNED AERIAL VEHI- the transmission of such certification. tween Government agencies and private sector, commercial developers and suppliers of tech- CLE SYSTEMS. Subtitle C—Air Force Programs nology, that will enhance public safety and (a) REPORT.—Not later than January 1, 2003, SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY shall— the Secretary of Defense shall submit to Con- FOR C–130J AIRCRAFT PROGRAM. ‘‘(1) work in coordination with the Inter- gress a report on unmanned aerial vehicle sys- (a) MULTIYEAR AUTHORITY.—Beginning with Agency Board for Equipment Standardization tems of the Department of Defense. the fiscal year 2003 program year, the Secretary and Interoperability; (b) MATTERS TO BE INCLUDED CONCERNING of the Air Force may, in accordance with section ‘‘(2) develop technology items and equipment UNMANNED AERIAL VEHICLE SYSTEMS.—The Sec- 2306b of title 10, United States Code, enter into that meet the standardization requirements es- retary shall include in the report under sub- a multiyear contract for procurement of C-130J tablished by the Board; section (a) the following, shown for each system aircraft. ‘‘(3) evaluate technology items and equipment referred to in that subsection: (b) LIMITATION.—The Secretary of Defense that have been identified using the standards (1) A description of the infrastructure that the may not enter into a contract authorized by developed by the Board and other state-of-the- Department of Defense has (or is planning) for subsection (a) until— art technology items and equipment that may the system. (1) the Secretary submits to the congressional benefit first responders; (2) A description of the operational require- defense committees a certification described in ‘‘(4) identify and coordinate among the public ments document (ORD) for the system. subsection (c); and and private sectors research efforts applicable to (3) A description of the physical infrastruc- (2) a period of 30 days has expired after such national security and homeland security; ture of the Department for training and basing. certification is submitted. ‘‘(5) facilitate the timely transfer of tech- (4) A description of the manner in which the (c) REQUIRED CERTIFICATION AS TO PROGRESS nology items and equipment between public and Department is interfacing with the industrial TOWARD SUCCESSFUL OPERATIONAL TEST AND private sources; base. EVALUATION.—A certification under subsection ‘‘(6) eliminate redundant research efforts with (5) A description of the acquisition plan for (b)(1) is a certification by the Secretary of De- respect to technologies to be deployed to first re- the system. fense that the C-130J program is making satis- sponders; (c) SUGGESTIONS FOR CHANGES IN LAW.—The factory progress towards a successful oper- ‘‘(7) expedite the advancement of high priority Secretary shall also include in the report under ational test and evaluation. projects from research through implementation subsection (a) such suggestions as the Secretary (d) REQUIRED CERTIFICATION WITH RESPECT of initial manufacturing; and considers appropriate for changes in law that TO MULTIYEAR CONTRACTING CONDITIONS.—(1) ‘‘(8) establish an outreach program, in coordi- would facilitate the way the Department ac- In the case of a contract authorized by sub- nation with the Board, with first responders to quires unmanned aerial vehicle systems. section (a) of this section, a certification under facilitate awareness of available technology SEC. 145. REPORT ON IMPACT OF ARMY AVIATION subsection (i)(1)(A) of section 2306b of title 10, items and equipment to support crisis re- MODERNIZATION PLAN ON THE United States Code, with respect to that con- sponse.’’. ARMY NATIONAL GUARD. tract may only be submitted if the certification (b) DEADLINE FOR AGREEMENT.—The Sec- (a) REPORT BY CHIEF OF THE NATIONAL GUARD includes an additional certification that each of retary of Defense shall enter into the agreement BUREAU.—Not later than February 1, 2003, the the conditions specified in subsection (a) of that required by section 2520 of title 10, United States Chief of the National Guard Bureau shall sub- section has been satisfied with respect to that Code (as added by subsection (a)) not later than mit to the Committees on Armed Services of the contract. January 15, 2003. Senate and the House of Representatives a re- (2) Upon transmission to Congress of a certifi- (c) STRATEGIC PLAN.—The entity described in port on the requirements for Army National cation referred to in paragraph (1) with respect section 2520 of such title shall develop a stra- Guard aviation. The report shall include the fol- to a contract authorized by subsection (a), the tegic plan to carry out the goals described in lowing: contract may then be entered into only after a such section, which shall include identification (1) An analysis of the impact of the Army period of 30 days has elapsed after the date of of— Aviation Modernization Plan on the ability of the transmission of such certification. (1) the initial technology items and equipment the Army National Guard to conduct its avia- Subtitle D—Other Programs considered for development; and tion missions. SEC. 141. REVISIONS TO MULTIYEAR CON- (2) the program schedule timelines for such (2) The plan under that aviation moderniza- TRACTING AUTHORITY. technology items and equipment. tion plan for the transfer of aircraft from the (a) USE OF PROCUREMENT AND ADVANCE PRO- (d) REPORT REQUIRED.—Not later than March active component of the Army to the Army re- CUREMENT FUNDS.—Section 2306b(i) of title 10, 15, 2003, the Secretary of Defense shall submit to serve components, including a timeline for those United States Code, is amended by adding at the the Committees on Armed Services of the Senate transfers. end the following new paragraph: and the House of Representatives a report on— (3) The progress, as of January 1, 2003, in car- ‘‘(4)(A) Unless otherwise authorized by law, (1) the actions taken to carry out such section rying out the transfers under the plan referred the Secretary of Defense may obligate funds for 2520; to in paragraph (2).

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(4) An evaluation of the suitability of existing (d) ANNUAL DOD INSPECTOR GENERAL RE- SEC. 214. REVISED REQUIREMENTS FOR PLAN Commercial Off The Shelf (COTS) light-twin en- VIEW.—(1) Not later than March 1 of each year, FOR MANUFACTURING TECHNOLOGY gine helicopters for performance of Army Na- the Department of Defense Inspector General PROGRAM. tional Guard aviation missions. shall review the RAH–66 Comanche aircraft pro- (a) STREAMLINED CONTENTS OF PLAN.—Sub- (b) VIEWS OF THE CHIEF OF STAFF OF THE gram and submit to Congress a report on the re- section (e) of section 2521 of title 10, United ARMY.—If, before the report under subsection sults of the review. States Code, is amended by striking ‘‘prepare a (a) is submitted, the Chief of the National (2) The report submitted on the program each five-year plan’’ in paragraph (1) and all that Guard Bureau receives from the Chief of Staff of year shall include the following: follows through the end of subparagraph (B) of the Army the views of the Chief of Staff on the (A) The extent to which engineering and man- paragraph (2) and inserting the following: ‘‘pre- matters to be covered in the report, the Chief of ufacturing development under the program is pare and maintain a five-year plan for the pro- the Bureau shall include those views with the meeting the goals established for engineering gram. ‘‘(2) The plan shall establish the following: report as submitted under subsection (a). and manufacturing development under the pro- ‘‘(A) The overall manufacturing technology gram, including the performance, cost, and TITLE II—RESEARCH, DEVELOPMENT, objectives, milestones, priorities, and investment schedule goals. TEST, AND EVALUATION strategy for the program. Subtitle A—Authorization of Appropriations (B) The status of modifications expected to ‘‘(B) The specific objectives of, and funding have a significant effect on cost, schedule, or SEC. 201. AUTHORIZATION OF APPROPRIATIONS. for the program by, each military department performance of RAH–66 aircraft. Funds are hereby authorized to be appro- and each Defense Agency participating in the priated for fiscal year 2003 for the use of the De- (C) The plan for engineering and manufac- program.’’. partment of Defense for research, development, turing development (leading to production) (b) BIENNIAL REPORT.—Such subsection is fur- test, and evaluation as follows: under the program for the fiscal year that be- ther amended in paragraph (3)— (1) For the Army, $6,933,319,000. gins in the following year. (1) by striking ‘‘annually’’ and inserting ‘‘bi- (2) For the Navy, $13,274,540,000. (D) A conclusion regarding whether the plan ennially’’; and (3) For the Air Force, $18,803,184,000. referred to in subparagraph (C) is consistent (2) by striking ‘‘for a fiscal year’’ and insert- (4) For Defense-wide activities, $17,413,291,000, with the limitation in subsection (a). ing ‘‘for each even-numbered fiscal year’’. of which $222,054,000 is authorized for the Direc- (E) A conclusion regarding whether engineer- SEC. 215. TECHNOLOGY TRANSITION INITIATIVE. tor of Operational Test and Evaluation. ing and manufacturing development (leading to (a) ESTABLISHMENT AND CONDUCT.—Chapter SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND production) under the program is likely to be 139 of title 10, United States Code, is amended TECHNOLOGY. completed at a total cost not in excess of the by inserting after section 2359 the following new (a) FISCAL YEAR 2003.—Of the amounts au- amount specified in subsection (a). section: thorized to be appropriated by section 201, (3) No report is required under this subsection ‘‘§ 2359a. Technology Transition Initiative $10,023,658,000 shall be available for the Defense after the RAH–66 aircraft has completed engi- ‘‘(a) INITIATIVE REQUIRED.—The Secretary of Science and Technology Program, including neering and manufacturing development. Defense, acting through the Under Secretary of basic research, applied research, and advanced (e) LIMITATION ON OBLIGATION OF FUNDS.—Of Defense for Acquisition, Technology, and Logis- technology development projects. the total amount authorized to be appropriated tics, shall carry out an initiative, to be known (b) BASIC RESEARCH, APPLIED RESEARCH, AND for the RAH–66 Comanche aircraft program for as the Technology Transition Initiative (herein- ADVANCED TECHNOLOGY DEVELOPMENT DE- research, development, test, and evaluation for after in this section referred to as the ‘Initia- FINED.—For purposes of this section, the term a fiscal year, not more than 90 percent of that tive’), to facilitate the rapid transition of new ‘‘basic research, applied research, and advanced amount may be obligated until the Department technologies from science and technology pro- technology development’’ means work funded in of Defense Inspector General submits to Con- grams of the Department of Defense into acqui- program elements for defense research and de- gress the report required to be submitted in that sition programs of the Department for the pro- velopment under Department of Defense cat- fiscal year under subsection (d). egory 6.1, 6.2, or 6.3. duction of such technologies. SEC. 212. EXTENSION OF REQUIREMENT RELAT- ‘‘(b) OBJECTIVES.—The Initiative shall have Subtitle B—Program Requirements, ING TO MANAGEMENT RESPONSI- the following objectives: Restrictions, and Limitations BILITY FOR NAVAL MINE COUNTER- ‘‘(1) To accelerate the introduction of new MEASURES PROGRAMS. SEC. 211. RAH–66 COMANCHE AIRCRAFT PRO- technologies into appropriate acquisition pro- Section 216(a) of the National Defense Au- GRAM. grams. (a) LIMITATION.—None of the funds author- thorization Act for Fiscal Years 1992 and 1993 ‘‘(2) To successfully demonstrate new tech- ized to be appropriated for fiscal year 2003 for (Public Law 102–190; 105 Stat. 1317), as most re- nologies in relevant environments. engineering and manufacturing development for cently amended by section 211 of the Strom ‘‘(3) To ensure that new technologies are suf- the RAH–66 Comanche aircraft program may be Thurmond National Defense Authorization Act ficiently mature for production. obligated until the Secretary of the Army sub- for Fiscal Year 1999 (Public Law 105–261; 112 ‘‘(c) MANAGEMENT OF INITIATIVE.—(1) The mits to the congressional defense committees a Stat. 1946), is amended by striking ‘‘through Initiative shall be managed by a senior official report, prepared in coordination with the Under 2003’’ and inserting ‘‘through 2008’’. in the Office of the Secretary of Defense des- Secretary of Defense for Acquisition, Tech- SEC. 213. EXTENSION OF AUTHORITY TO CARRY ignated by the Secretary (hereinafter in this sec- nology, and Logistics, containing an accurate OUT PILOT PROGRAM FOR REVITAL- tion referred to as the ‘Manager’). In managing estimate of funds required to complete engineer- IZING THE LABORATORIES AND TEST the Initiative, the Manager shall report directly AND EVALUATION CENTERS OF THE to the Under Secretary of Defense for Acquisi- ing and manufacturing development for that DEPARTMENT OF DEFENSE. aircraft and the new time line and plan for tion, Technology, and Logistics. Section 246 of the National bringing that aircraft to initial operational ca- ‘‘(2) The Secretary shall establish a board of Defense Authorization Act for Fiscal Year 1999 pability, as called for in the joint explanatory directors (hereinafter in this section referred to (Public Law 105–261; 112 Stat. 1955; 10 U.S.C. statement of the committee of conference on the as the ‘Board’), composed of the acquisition ex- 2358 note) is amended— bill S. 1438 of the One Hundred Seventh Con- ecutive of each military department, the mem- (1) in subsection (a)(1), by inserting before the gress (at page 535 of House Report 107–333, sub- bers of the Joint Requirements Oversight Coun- period at the end the following: ‘‘, and to dem- mitted December 12, 2001). cil, and the commander of the Joint Forces Com- onstrate improved efficiency in the performance (b) LIMITATION ON TOTAL COST OF ENGINEER- mand. The Board shall assist the Manager in of the research, development, test, and evalua- ING AND MANUFACTURING DEVELOPMENT.—The managing the Initiative. total amount obligated or expended for engi- tion functions of the Department of Defense’’; ‘‘(3) The Secretary shall establish, under the neering and manufacturing development under (2) in subsection (a)(4), by striking ‘‘for a pe- auspices of the Under Secretary of Defense for the RAH–66 Comanche aircraft program may riod’’ and all that follows through the period at Acquisition, Technology, and Logistics, a panel not exceed $6,000,000,000. the end and inserting ‘‘until March 1, 2008.’’; of highly qualified scientists and engineers. The (c) ADJUSTMENT OF LIMITATION AMOUNTS.—(1) (3) in subsection (b)(2), by striking ‘‘Promptly panel shall advise the Under Secretary on mat- Subject to paragraph (2), the Secretary of the after’’ and all that follows through ‘‘The report ters relating to the Initiative. Army shall adjust the amount of the limitation shall contain’’ and inserting ‘‘Not later than ‘‘(d) DUTIES OF MANAGER.—The Manager set forth in subsection (b) by the following December 31 of each year, the Secretary of De- shall have following duties: amounts: fense shall submit to the congressional defense ‘‘(1) To identify, in consultation with the (A) The amounts of increases or decreases in committees a report on the activities of the pilot Board, promising technologies that have been costs attributable to economic inflation after program during the preceding fiscal year. Each demonstrated in science and technology pro- September 30, 2002. such report shall contain, for each laboratory or grams of the Department. (B) The amounts of increases or decreases in center in the pilot program,’’; and ‘‘(2) To identify potential sponsors in the De- costs attributable to compliance with changes in (4) by adding at the end of subsection (b) the partment to undertake the transition of such Federal, State, or local laws enacted after Sep- following new paragraph: technologies into production. tember 30, 2002. ‘‘(3) Not later than March 1, 2007, the Sec- ‘‘(3) To work with the science and technology (2) Before making any adjustment under retary of Defense shall submit to the committees community and the acquisition community to paragraph (1) in an amount greater than referred to in paragraph (2) the Secretary’s rec- develop memoranda of agreement, joint funding $20,000,000, the Secretary of the Army shall sub- ommendation as to whether, and to what extent, agreements, and other cooperative arrangements mit to the congressional defense committees no- the authority to carry out the pilot program to provide for the transition of such technologies tice in writing of the proposed increase. should be extended.’’. into production.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 H2288 CONGRESSIONAL RECORD — HOUSE May 9, 2002 ‘‘(4) Provide funding support for projects se- the ‘Panel’) under the auspices of the Under gram for that fiscal year. The report shall in- lected under subsection (e). Secretary of Defense for Acquisition, Tech- clude the number and scope of challenge pro- ‘‘(e) JOINTLY FUNDED PROJECTS.—(1) The ac- nology, and Logistics. The duty of the Panel posals submitted, evaluated, subjected to full re- quisition executive of each military department shall be to carry out evaluations of challenge view, and adopted. shall identify technology projects of that mili- proposals under subsection (c). ‘‘(i) SUNSET.—The authority to carry out this tary department to recommend for funding sup- ‘‘(2) A member of the Panel may not partici- section shall terminate on September 30, 2007.’’. port under the Initiative and shall submit to the pate in any evaluation of a challenge proposal (2) The table of sections at the beginning of Manager a list of such recommended projects, under subsection (c) if at any time within the such chapter is amended by inserting after the ranked in order of priority. Such executive shall previous five years that member has, in any ca- item relating to section 2359a (as added by sec- identify such projects, and establish priorities pacity, participated in or been affiliated with tion 215) the following new item: among such projects, using a competitive proc- the acquisition program for which the challenge ‘‘2359b. Defense Acquisition Challenge Pro- ess, on the basis of the greatest potential bene- proposal is submitted. gram.’’. ‘‘(c) EVALUATION BY PANEL.—(1) Under proce- fits in areas of interest identified by the Sec- (b) INITIAL FUNDING.—(1) Of the funds au- retary of that military department. dures prescribed by the Secretary, a person or thorized to be appropriated by section 201(4) for ‘‘(2) The Manager, in consultation with the activity within or outside the Department of De- Defense-wide research, development, test, and Board, shall select projects for funding support fense may submit challenge proposals to the evaluation for fiscal year 2003, $25,000,000 shall from among the projects on the lists submitted Panel. be available in program element 0603826D8Z for under paragraph (1). From the funds made ‘‘(2) The Panel shall carry out an evaluation the Defense Acquisition Challenge Program re- available to the Manager for the Initiative, the of each challenge proposal submitted under quired by section 2359b of title 10, United States Manager shall provide funds for each selected paragraph (1) to determine each of the following Code, as added by subsection (a). criteria: project in an amount determined by mutual (2) The funds provided under paragraph (1) ‘‘(A) Whether the challenge proposal has agreement between the Manager and the acqui- may be used only for review and evaluation of merit. sition executive of the military department con- challenge proposals, and not for implementation ‘‘(B) Whether the challenge proposal is likely cerned, but not less than 50 percent of the total of challenge proposals. cost of the project. to result in improvements in performance, af- ‘‘(3) The acquisition executive of the military fordability, manufacturability, or operational Subtitle C—Ballistic Missile Defense department concerned shall manage each capability at the component, subsystem, or sys- SEC. 231. LIMITATION ON OBLIGATION OF FUNDS project selected under paragraph (2) that is un- tem level of the applicable acquisition program. FOR PROCUREMENT OF PATRIOT dertaken by the military department. Memo- ‘‘(C) Whether the challenge proposal could be (PAC–3) MISSILES PENDING SUBMIS- randa of agreement, joint funding agreements, implemented rapidly in the applicable acquisi- SION OF REQUIRED CERTIFICATION. and other cooperative arrangements between the tion program. None of the funds appropriated for fiscal year science and technology community and the ac- ‘‘(3) If the Panel determines that a challenge 2003 for procurement of missiles for the Army quisition community shall be used in carrying proposal satisfies each of the criteria specified may be obligated for the Patriot Advanced Ca- out the project if the acquisition executive deter- in paragraph (2), the person or activity submit- pability (PAC–3) missile program until the Sec- mines that it is appropriate to do so to achieve ting that challenge proposal shall be provided retary of Defense has submitted to the congres- the objectives of the project. an opportunity to submit such challenge pro- sional defense committees the following: (1) The criteria for the transfer of responsi- ‘‘(f) REQUIREMENT FOR PROGRAM ELEMENT.— posal for a full review and evaluation under In the budget justification materials submitted subsection (d). bility for a missile defense program from the Di- to Congress in support of the Department of De- ‘‘(d) FULL REVIEW AND EVALUATION.—(1) rector of the Missile Defense Agency to the Sec- fense budget for any fiscal year (as submitted Under procedures prescribed by the Secretary, retary of a military department, as required by with the budget of the President under section for each challenge proposal submitted for a full section 224(b)(2) of title 10, United States Code. 1105(a) of title 31), the amount requested for ac- review and evaluation as provided in subsection (2) The notice and certification with respect to tivities of the Initiative shall be set forth in a (c)(3), the office carrying out the applicable ac- the transfer of responsibility for the Patriot Ad- separate program element within amounts re- quisition program, and the prime system con- vanced Capability (PAC–3) missile program from quested for research, development, test, and tractor carrying out such program, shall jointly the Director to the Secretary of the Army re- evaluation for Defense-wide activities. conduct a full review and evaluation of the quired by section 224(c) of such title. ‘‘(g) DEFINITION OF ACQUISITION EXECUTIVE.— challenge proposal. SEC. 232. RESPONSIBILITY OF MISSILE DEFENSE In this section, the term ‘acquisition executive’, ‘‘(2) The full review and evaluation shall, AGENCY FOR RESEARCH, DEVELOP- with respect to a military department, means the independent of the determination of the Panel MENT, TEST, AND EVALUATION RE- under subsection (c)(2), determine each of the LATED TO SYSTEM IMPROVEMENTS official designated as the senior procurement ex- OF PROGRAMS TRANSFERRED TO ecutive for that military department under sec- matters specified in subparagraphs (A), (B), and MILITARY DEPARTMENTS. tion 16(3) of the Office of Federal Procurement (C) of such subsection. Section 224(e) of title 10, United States Code, Policy Act (41 U.S.C. 414(3)).’’. ‘‘(e) ACTION UPON FAVORABLE FULL REVIEW is amended— (b) CLERICAL AMENDMENT.—The table of sec- AND EVALUATION.—(1) Under procedures pre- (1) by striking ‘‘before a’’ and inserting ‘‘for tions at the beginning of such chapter is amend- scribed by the Secretary, each challenge pro- each’’; ed by inserting after the item relating to section posal determined under a full review and eval- (2) by striking ‘‘is’’; and 2359 the following new item: uation to satisfy each of the criteria specified in (3) by striking ‘‘roles and responsibilities’’ and ‘‘2359a. Technology Transition Initiative.’’. subsection (c)(2) shall be considered by the all that follows through the period at the end prime system contractor for incorporation into and inserting ‘‘responsibility for research, devel- SEC. 216. DEFENSE ACQUISITION CHALLENGE the applicable acquisition program as a new PROGRAM. opment, test, and evaluation related to system technology insertion at the component, sub- (a) IN GENERAL.—(1) Chapter 139 of title 10, improvements for that program remains with the system, or system level. United States Code, is amended by inserting Director.’’. ‘‘(2) The Secretary shall encourage the adop- after section 2359a (as added by section 215) the SEC. 233. AMENDMENTS TO REFLECT CHANGE IN tion of each challenge proposal referred to in following new section: NAME OF BALLISTIC MISSILE DE- paragraph (1) by providing suitable incentives FENSE ORGANIZATION TO MISSILE ‘‘§ 2359b. Defense Acquisition Challenge Pro- to the office carrying out the applicable acquisi- DEFENSE AGENCY. gram tion program and the prime system contractor (a) TITLE 10, UNITED STATES CODE.—Title 10, ‘‘(a) PROGRAM REQUIRED.—The Secretary of carrying out such program. United States Code, is amended as follows: Defense shall carry out a program to provide op- ‘‘(f) ACCESS TO TECHNICAL RESOURCES.—The (1) Sections 203, 223, and 224 are each amend- portunities for the increased introduction of in- Secretary shall ensure that the Panel (in car- ed by striking ‘‘Ballistic Missile Defense Organi- novative and cost-saving technology in acquisi- rying out evaluations of challenge proposals zation’’ each place it appears and inserting tion programs of the Department of Defense. under subsection (c)) and each office and prime ‘‘Missile Defense Agency’’. The program, to be known as the Defense Ac- system contractor (in conducting a full review (2)(A) The heading of section 203 is amended quisition Challenge Program (hereinafter in this and evaluation under subsection (d)) have the to read as follows: section referred to as the ‘Challenge Program’), authority to call upon the technical resources of ‘‘§ 203. Director of Missile Defense Agency’’. shall provide any person or activity within or the laboratories, research, development, and en- (B) The item relating to such section in the outside the Department of Defense with the op- gineering centers, test and evaluation activities, table of sections at the beginning of subchapter portunity to propose alternatives, to be known and other elements of the Department. II of chapter 8 is amended to read as follows: as challenge proposals, at the component, sub- ‘‘(g) ELIMINATION OF CONFLICTS OF INTER- system, or system level of an existing Depart- EST.—In carrying out each evaluation under ‘‘203. Director of Missile Defense Agency.’’. ment of Defense acquisition program that would subsection (c) and full review under subsection (b) PUBLIC LAW 107–107.—(1) Section 232 of result in improvements in performance, afford- (d), the Secretary shall ensure the elimination of the National Defense Authorization Act for Fis- ability, manufacturability, or operational capa- conflicts of interest. cal Year 2002 (Public Law 107–107; 10 U.S.C. bility of that acquisition program. ‘‘(h) REPORT.—The Secretary shall submit to 2431 note) is amended by striking ‘‘Ballistic Mis- ‘‘(b) PANEL.—(1) In carrying out the Chal- Congress, with the submission of the budget re- sile Defense Organization’’ each place it ap- lenge Program, the Secretary shall establish a quest for the Department of Defense for each pears and inserting ‘‘Missile Defense Agency’’. panel of highly qualified scientists and engi- fiscal year during which the Challenge Program (2) The heading for such section is amended to neers (hereinafter in this section referred to as is carried out, a report on the Challenge Pro- read as follows:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2289 ‘‘SEC. 232. PROGRAM ELEMENTS FOR MISSILE DE- Armed Forces and other activities and agencies SEC. 313. SINGLE POINT OF CONTACT FOR POL- FENSE AGENCY.’’. of the Department of Defense for providing cap- ICY AND BUDGETING ISSUES RE- (c) PUBLIC LAW 106–398.—(1) Section 3132 of ital for working capital and revolving funds in GARDING UNEXPLODED ORDNANCE, the Floyd D. Spence National Defense Author- DISCARDED MILITARY MUNITIONS, amounts as follows: AND MUNITIONS CONSTITUENTS. ization Act for Fiscal Year 2001 (as enacted into (1) For the Defense Working Capital Funds, Section 2701 of title 10, United States Code, is law by Public Law 106–398; 10 U.S.C. 2431 note) $1,504,956,000. amended by adding at the end the following is amended by striking ‘‘Ballistic Missile De- (2) For the National Defense Sealift Fund, new subsection: fense Organization’’ each place it appears and $934,129,000. ‘‘(k) UXO PROGRAM MANAGER.—(1) The Sec- inserting ‘‘Missile Defense Agency’’. SEC. 303. ARMED FORCES RETIREMENT HOME. retary of Defense shall establish a program (2) Such section is further amended in sub- manager who shall serve as the single point of There is hereby authorized to be appropriated section (c) by striking ‘‘BMDO’’ and inserting contact in the Department of Defense for policy for fiscal year 2003 from the Armed Forces Re- ‘‘MDA’’. and budgeting issues involving the characteriza- tirement Home Trust Fund the sum of (3) The section heading for such section is tion, remediation, and management of explosive $69,921,000 for the operation of the Armed amended to read as follows: and related risks with respect to unexploded Forces Retirement Home. ‘‘SEC. 3132. ENHANCED COOPERATION BETWEEN ordnance, discarded military munitions, and NATIONAL NUCLEAR SECURITY AD- Subtitle B—Environmental Provisions munitions constituents at defense sites (as such MINISTRATION AND MISSILE DE- terms are defined in section 2710 of this title) FENSE AGENCY.’’. SEC. 311. INCIDENTAL TAKING OF MIGRATORY that pose a threat to human health or safety. (d) OTHER LAWS.—The following provisions BIRDS DURING MILITARY READI- NESS ACTIVITY. ‘‘(2) The Secretary of Defense may delegate are each amended by striking ‘‘Ballistic Missile this authority to the Secretary of a military de- Defense Organization’’ each place it appears Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended by adding at the end the partment, who may delegate the authority to and inserting ‘‘Missile Defense Agency’’: the Under Secretary of that military depart- following new subsection: (1) Section 233 of the National Defense Au- ment. The authority may not be further dele- thorization Act for Fiscal Year 1998 (Public Law ‘‘(c)(1) Section 2 shall not apply to the inci- gated. 105–85; 10 U.S.C. 223 note). dental taking of a migratory bird by a member ‘‘(3) The program manager may establish an (2) Section 234 of the National Defense Au- of the Armed Forces during a military readiness independent advisory and review panel that thorization Act for Fiscal Year 1996 (Public Law activity authorized by the Secretary of Defense may include representatives of the National 104–106; 10 U.S.C. 2431 note). or the Secretary of the military department con- Academy of Sciences, nongovernmental organi- (3) Sections 235 (10 U.S.C. 2431 note) and 243 cerned. zations with expertise regarding unexploded (10 U.S.C. 2431 note) of the National Defense ‘‘(2)(A) In this subsection, the term ‘military ordnance, discarded military munitions, or mu- Authorization Act for Fiscal Year 1994 (Public readiness activity’ includes— nitions constituents, the Environmental Protec- Law 103–160). ‘‘(i) all training and operations of the Armed tion Agency, States (as defined in section 2710 of TITLE III—OPERATION AND Forces that relate to combat; and this title), and tribal governments. If estab- MAINTENANCE ‘‘(ii) the adequate and realistic testing of mili- lished, the panel would report annually to Con- Subtitle A—Authorization of Appropriations tary equipment, vehicles, weapons, and sensors gress on progress made by the Department of for proper operation and suitability for combat Defense to address unexploded ordnance, dis- SEC. 301. OPERATION AND MAINTENANCE FUND- carded military munitions, or munitions con- ING. use. stituents at defense sites and make such rec- Funds are hereby authorized to be appro- ‘‘(B) The term does not include— ‘‘(i) the routine operation of installation oper- ommendations as the panel considered appro- priated for fiscal year 2003 for the use of the priate.’’. Armed Forces and other activities and agencies ating support functions, such as administrative of the Department of Defense for expenses, not offices, military exchanges, commissaries, water Subtitle C—Commissaries and otherwise provided for, for operation and main- treatment facilities, storage facilities, schools, Nonappropriated Fund Instrumentalities tenance, in amounts as follows: housing, motor pools, laundries, morale, wel- SEC. 321. AUTHORITY FOR EACH MILITARY DE- (1) For the Army, $24,159,733,000. fare, and recreation activities, shops, and mess PARTMENT TO PROVIDE BASE OPER- (2) For the Navy, $29,428,876,000. halls; ATING SUPPORT TO FISHER HOUSES. Section 2493(f) of title 10, United States Code, (3) For the Marine Corps, $3,588,512,000. ‘‘(ii) the operation of industrial activities; or is amended to read as follows: (4) For the Air Force, $27,299,404,000. ‘‘(iii) the construction or demolition of facili- ‘‘(f) BASE OPERATING SUPPORT.—The Sec- (5) For Defense-wide activities, $14,370,037,000. ties used for a purpose described in clause (i) or retary of a military department may provide (6) For the Army Reserve, $1,918,110,000. (ii).’’. base operating support for Fisher Houses associ- (7) For the Naval Reserve, $1,233,759,000. SEC. 312. MILITARY READINESS AND THE CON- ated with health care facilities of that military (8) For the Marine Corps Reserve, SERVATION OF PROTECTED SPE- department.’’. $185,532,000. CIES. (9) For the Air Force Reserve, $2,194,719,000. SEC. 322. USE OF COMMISSARY STORES AND MWR (a) LIMITATION ON DESIGNATION OF CRITICAL RETAIL FACILITIES BY MEMBERS OF (10) For the Army National Guard, HABITAT.—Section 4(a)(3) of the Endangered NATIONAL GUARD SERVING IN NA- $4,300,767,000. Species Act of 1973 (16 U.S.C. 1533(a)(3)) is TIONAL EMERGENCY. (11) For the Air National Guard, amended— (a) ADDITIONAL BASIS FOR AUTHORIZED USE.— $4,077,845,000. (1) by redesignating subparagraphs (A) and Section 1063a of title 10, United States Code, is (12) For the Defense Inspector General, (B) as clauses (i) and (ii), respectively; amended— $155,165,000. (1) in subsection (a), by inserting ‘‘or national (2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and (13) For the United States Court of Appeals emergency’’ after ‘‘federally declared disaster’’; (3) by adding at the end the following: for the Armed Forces, $9,614,000. and (14) For Environmental Restoration, Army, ‘‘(B)(i) The Secretary may not designate as (2) in subsection (c), by adding at the end the $395,900,000. critical habitat any lands or other geographical following new paragraph: (15) For Environmental Restoration, Navy, areas owned or controlled by the Department of ‘‘(3) NATIONAL EMERGENCY.—The term ‘na- $256,948,000. Defense, or designated for its use, that are sub- tional emergency’ means a national emergency (16) For Environmental Restoration, Air ject to an integrated natural resources manage- declared by the President or Congress.’’. Force, $389,773,000. ment plan prepared under section 101 of the (b) CLERICAL AMENDMENTS.—(1) The heading (17) For Environmental Restoration, Defense- Sikes Act (16 U.S.C. 670a), if the Secretary de- of such section is amended to read as follows: wide, $23,498,000. termines that such plan addresses special man- ‘‘§ 1063a. Use of commissary stores and MWR (18) For Environmental Restoration, Formerly agement considerations or protection (as those retail facilities: members of National Guard Used Defense Sites, $212,102,000. terms are used in section 3(5)(A)(i)). serving in federally declared disaster or na- (19) For Overseas Humanitarian, Disaster, ‘‘(ii) Nothing in this subparagraph affects the tional emergency’’. and Civic Aid programs, $58,400,000. requirement to consult under section 7(a)(2) (2) The table of sections at the beginning of (20) For Drug Interdiction and Counter-drug with respect to an agency action (as that term chapter 54 of such title is amended by striking Activities, Defense-wide, $848,907,000. is defined in that section). the item relating to section 1063a and inserting (21) For the Kaho’olawe Island Conveyance, ‘‘(iii) Nothing in this subparagraph affects the the following new item: Remediation, and Environmental Restoration obligation of the Department of Defense to com- ‘‘1063a. Use of commissary stores and MWR re- Trust Fund, $25,000,000. ply with section 9 of the Endangered Species Act tail facilities: members of National (22) For Defense Health Program, of 1973, including the prohibition preventing ex- Guard serving in federally de- $14,242,541,000. tinction and taking of endangered species and clared disaster or national emer- (23) For Cooperative Threat Reduction pro- threatened species.’’. gency.’’. grams, $416,700,000. (b) CONSIDERATION OF EFFECTS OF DESIGNA- SEC. 323. UNIFORM FUNDING AND MANAGEMENT (24) For Support for International Sporting TION OF CRITICAL HABITAT.—Section 4(b)(2) of OF MORALE, WELFARE, AND RECRE- Competitions, Defense, $19,000,000. the Endangered Species Act of 1973 (16 U.S.C. ATION PROGRAMS. SEC. 302. WORKING CAPITAL FUNDS. 1533(b)(2)) is amended by inserting ‘‘the impact (a) IN GENERAL.—Chapter 147 of title 10, Funds are hereby authorized to be appro- on national security,’’ after ‘‘the economic im- United States Code, is amended by adding at the priated for fiscal year 2003 for the use of the pact,’’. end the following new section:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 H2290 CONGRESSIONAL RECORD — HOUSE May 9, 2002 ‘‘§ 2494. Uniform funding and management of most cost effective manner for performance of SEC. 334. REPEAL OF OBSOLETE PROVISION RE- morale, welfare, and recreation programs the function by Department of Defense civilian GARDING DEPOT-LEVEL MAINTE- employees. NANCE AND REPAIR WORKLOADS ‘‘(a) AUTHORITY FOR UNIFORM FUNDING AND THAT WERE PERFORMED AT CLOSED MANAGEMENT.—Under regulations prescribed by ‘‘(C) The number of Department of Defense ci- OR REALIGNED MILITARY INSTALLA- the Secretary of Defense, funds appropriated to vilian employees who were performing the func- TIONS. the Department of Defense and available for tion when the analysis was commenced and the (a) REPEAL.—Section 2469a of title 10, United morale, welfare, and recreation programs may number of such employees whose employment States Code, is repealed. be treated as nonappropriated funds and ex- was or will be terminated or otherwise affected (b) CLERICAL AMENDMENT.—The table of sec- pended in accordance with laws applicable to by changing to performance of the function by tions at the beginning of chapter 146 of such the expenditures of nonappropriated funds. the private sector or by implementation of the title is amended by striking the item relating to When made available for morale, welfare, and most efficient organization of the function. section 2469a. recreation programs under such regulations, ap- ‘‘(D) The Secretary’s certification that the SEC. 335. CLARIFICATION OF REQUIRED CORE LO- propriated funds shall be considered to be non- factors considered in the examinations per- GISTICS CAPABILITIES. appropriated funds for all purposes and shall formed under subsection (b)(3), and in the mak- Section 2464(a)(3) of title 10, United States remain available until expended. ing of the decision regarding changing to per- Code, is amended by striking ‘‘those capabilities ‘‘(b) CONDITIONS ON AVAILABILITY.—Funds formance of the function by the private sector or that are necessary to maintain and repair the appropriated to the Department of Defense may retaining performance in the most efficient orga- weapon systems’’ and inserting ‘‘those logistics be made available to support a morale, welfare, nization of the function, did not include any capabilities (including acquisition logistics, sup- or recreation program only if the program is au- predetermined personnel constraint or limitation ply management, system engineering, mainte- thorized to receive appropriated fund support in terms of man years, end strength, full-time nance, and modification management) that are and only in the amounts the program is author- equivalent positions, or maximum number of em- necessary to sustain the weapon systems’’. ized to receive. ployees. Subtitle E—Defense Dependents Education ‘‘(c) CONVERSION OF EMPLOYMENT POSI- ‘‘(E) A statement of the potential economic ef- SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL TIONS.—(1) The Secretary of Defense may iden- fect of implementing the decision regarding AGENCIES THAT BENEFIT DEPEND- tify positions of employees in morale, welfare, ENTS OF MEMBERS OF THE ARMED and recreation programs within the Department changing to performance of the function by the private sector or retaining performance in the FORCES AND DEPARTMENT OF DE- of Defense who are paid with appropriated FENSE CIVILIAN EMPLOYEES. most efficient organization of the function on funds whose status may be converted from the (a) CONTINUATION OF DEPARTMENT OF DE- each affected local community, as determined in status of an employee paid with appropriated FENSE PROGRAM FOR FISCAL YEAR 2003.—Of the the examination under subsection (b)(3)(B)(ii). funds to the status of an employee of a non- amount authorized to be appropriated pursuant appropriated fund instrumentality. ‘‘(F) A schedule for completing the change to to section 301(5) for operation and maintenance ‘‘(2) The status of an employee in a position performance of the function by the private sec- for Defense-wide activities, $30,000,000 shall be identified by the Secretary under paragraph (1) tor or implementing the most efficient organiza- available only for the purpose of providing edu- may, with the consent of the employee, be con- tion of the function cational agencies assistance to local educational verted to the status of an employee of a non- ‘‘(G) In the case of a commercial or industrial agencies. appropriated fund instrumentality. An employee type function performed at a Center of Indus- (b) NOTIFICATION.—Not later than June 30, who does not consent to the conversion may not trial and Technical Excellence designated under 2003, the Secretary of Defense shall notify each be removed from the position because of the fail- section 2474(a) of this title or an Army ammuni- local educational agency that is eligible for edu- ure to provide such consent. tion plant, a description of the effect that the cational agencies assistance for fiscal year 2003 ‘‘(3) The conversion of an employee from the manner of performance of the function, and ad- of— status of an employee paid by appropriated ministration of the resulting contract if any, (1) that agency’s eligibility for the assistance; funds to the status of an employee of a non- will have on the overhead costs of the center or and appropriated fund instrumentality shall be ammunition plant, as the case may be. (2) the amount of the assistance for which without a break in service for the concerned em- ‘‘(H) The Secretary’s certification that the en- that agency is eligible. (c) DISBURSEMENT OF FUNDS.—The Secretary ployee. The conversion shall not entitle an em- tire analysis is available for examination. ployee to severance pay, back pay or separation of Defense shall disburse funds made available pay under subchapter IX of chapter 55 of title ‘‘(3)(A) If a decision is made to change the under subsection (a) not later than 30 days after 5, or be considered an involuntary separation or commercial or industrial type function that was the date on which notification to the eligible other adverse personnel action entitling an em- the subject of the analysis to performance by the local educational agencies is provided pursuant ployee to any right or benefit under such title or private sector, the change of the function to to subsection (b). any other provision of law or regulation. contractor performance may not begin until (d) DEFINITIONS.—In this section: ‘‘(4) In this subsection, the term ‘an employee after the submission of the report required by (1) The term ‘‘educational agencies assist- of a nonappropriated fund instrumentality’ paragraph (1). ance’’ means assistance authorized under sec- means an employee described in section 2105(c) ‘‘(B) Notwithstanding subparagraph (A), in tion 386(b) of the National Defense Authoriza- of title 5.’’. the case of a commercial or industrial type func- tion Act for Fiscal Year 1993 (Public Law 102– (b) CLERICAL AMENDMENT.—The table of sec- tion performed at a Center of Industrial and 484; 20 U.S.C. 7703 note). tions at the beginning of such chapter is amend- Technical Excellence designated under section (2) The term ‘‘local educational agency’’ has ed by adding at the end the following new item: 2474(a) of this title or an Army ammunition the meaning given that term in section 8013(9) of ‘‘2494. Uniform funding and management of mo- plant, the change of the function to contractor the Elementary and Secondary Education Act of rale, welfare, and recreation pro- performance may not begin until at least 60 1965 (20 U.S.C. 7713(9)). grams.’’. days after the submission of the report.’’. SEC. 342. AVAILABILITY OF QUARTERS ALLOW- ANCE FOR UNACCOMPANIED DE- SEC. 332. WAIVER AUTHORITY REGARDING PRO- Subtitle D—Workplace and Depot Issues FENSE DEPARTMENT TEACHER RE- HIBITION ON CONTRACTS FOR PER- QUIRED TO RESIDE ON OVERSEAS SEC. 331. NOTIFICATION REQUIREMENTS IN CON- FORMANCE OF SECURITY-GUARD MILITARY INSTALLATION. NECTION WITH REQUIRED STUDIES FUNCTIONS. FOR CONVERSION OF COMMERCIAL (a) AUTHORITY TO PROVIDE ALLOWANCE.— OR INDUSTRIAL TYPE FUNCTIONS Section 2465 of title 10, United States Code, is Subsection (b) of section 7 of the Defense De- TO CONTRACTOR PERFORMANCE. amended by adding at the end the following partment Overseas Teachers Pay and Personnel Subsection (c) of section 2461 of title 10, new subsection: Practices Act (20 U.S.C. 905) is amended by add- United States Code, is amended to read as fol- ‘‘(c) The Secretary of Defense or the Secretary ing at the end the following new sentence: ‘‘If lows: of a military department may waive the prohibi- the teacher is unaccompanied by dependents ‘‘(c) SUBMISSION OF ANALYSIS RESULTS.—(1) tion under subsection (a) regarding contracting and is required to reside on a United States mili- Upon the completion of an analysis of a com- for the performance of security-guard functions tary installation in an overseas area, the teach- mercial or industrial type function described in at a military installation or facility under the er may receive a quarters allowance to reside in subsection (a) for possible change to perform- jurisdiction of the Secretary if such functions— excess family housing at the installation not- ance by the private sector, the Secretary of De- ‘‘(1) are or will be performed by members of withstanding the availability single room hous- fense shall submit to Congress a report con- the armed forces in the absence of a waiver; or ing at the installation.’’. taining the results of the analysis, including the (b) TECHNICAL CORRECTION TO REFLECT CODI- ‘‘(2) were not performed at the installation or results of the examinations required by sub- FICATION.—Such section is further amended by facility before September 11, 2001.’’. section (b)(3). striking ‘‘the Act of June 26, 1930 (5 U.S.C. ‘‘(2) The report shall also contain the fol- SEC. 333. EXCLUSION OF CERTAIN EXPENDI- 118a)’’ both places it appears and inserting lowing: TURES FROM PERCENTAGE LIMITA- ‘‘section 5912 of title 5, United States Code’’. TION ON CONTRACTING FOR PER- ‘‘(A) The date when the analysis of the func- SEC. 343. PROVISION OF SUMMER SCHOOL PRO- FORMANCE OF DEPOT-LEVEL MAIN- tion was commenced. GRAMS FOR STUDENTS WHO ATTEND TENANCE AND REPAIR WORKLOADS. ‘‘(B) The Secretary’s certification that the DEFENSE DEPENDENTS’ EDUCATION Government calculation of the cost of perform- Section 2474(f)(2) of title 10, United States SYSTEM. ance of the function by Department of Defense Code, is amended by striking ‘‘for fiscal years Section 1402(d) of the Defense Dependents’ civilian employees is based on an estimate of the 2002 through 2005’’. Education Act of 1978 (20 U.S.C. 921(d)) is

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2291

amended by striking paragraph (2) and insert- the Secretary shall identify that system by (e) TELECOM SWITCH DEFINED.—In this sec- ing the following new paragraph (2): name, function, and total funds requested for tion, the term ‘‘telecom switch’’ means hardware ‘‘(2) Individuals eligible to receive a free pub- the system. or software designed to send and receive voice, lic education under subsection (a) may enroll (2) For each information technology and na- data, and video signals across a network. without charge in a summer school program of- tional security system of the Department of De- Subtitle G—Other Matters fered under this subsection. Students who are fense that has a cost for the fiscal year in excess required under section 1404 to pay tuition to en- of $10,000,000, the Secretary shall identify that SEC. 361. DISTRIBUTION OF MONTHLY REPORTS roll in a school of the defense dependents’ edu- system by name, function, and total funds re- ON ALLOCATION OF FUNDS WITHIN OPERATION AND MAINTENANCE cation system shall also be charged a fee, at a quested (by appropriation account) for that fis- BUDGET SUBACTIVITIES. rate established by the Secretary, to attend a cal year, the funds appropriated for the pre- (a) DESIGNATION OF RECIPIENTS.—Subsection course offered as part of the summer school pro- ceding fiscal year, and the funds estimated to be (a) of section 228 of title 10, United States Code, gram.’’. requested for the next fiscal year. is amended by striking ‘‘to Congress’’ and in- (d) DEFINITIONS.—In this section: Subtitle F—Information Technology serting ‘‘to the congressional defense commit- (1) The term ‘‘information technology’’ has tees’’. SEC. 351. NAVY-MARINE CORPS INTRANET CON- the meaning given that term in section 5002 of TRACT. ONGRESSIONAL DEFENSE COMMITTEES DE- the Clinger–Cohen Act of 1996 (40 U.S.C. (b) C (a) AUTHORIZED DURATION OF CONTRACT.— FINED.—Subsection (e) of such section is amend- 1401(3)). Section 814 of the Floyd D. Spence National De- (2) The term ‘‘capital asset’’ has the meaning ed— fense Authorization Act for Fiscal Year 2001, as given that term in Office of Management and (1) by striking ‘‘(e) O&M BUDGET ACTIVITY enacted into law by Public Law 106–398 (114 Budget Circular A–11. DEFINED.—For purposes of this section, the’’ Stat. 1654A–215) and amended by section 362 of (3) The term ‘‘national security system’’ has and inserting the following: Public Law 107–107 (115 Stat. 1065), is amend- the meaning given that term in section 5142 of ‘‘(e) DEFINITIONS.—In this section: ed— the Clinger–Cohen Act of 1996 (40 U.S.C. 1452). ‘‘(1) The’’; and (1) by redesignating subsection (i) as sub- SEC. 353. IMPLEMENTATION OF POLICY REGARD- (2) by adding at the end the following: section (j); and ING CERTAIN COMMERCIAL OFF- ‘‘(2) The term ‘congressional defense commit- (2) by inserting after subsection (h) the fol- THE-SHELF INFORMATION TECH- tees’ means the Committee on Armed Services lowing new subsection (i): NOLOGY PRODUCTS. and the Committee on Appropriations of the ‘‘(i) DURATION OF NAVY-MARINE CORPS The Secretary of Defense shall ensure that— Senate and the Committee on Armed Services INTRANET CONTRACT.—Notwithstanding section (1) the Department of Defense implements the and the Committee on Appropriations of the 2306c of title 10, United States Code, the Navy- policy established by the Committee on National House of Representatives.’’. Marine Corps Intranet contract may have a Security Systems (formerly the National Secu- SEC. 362. MINIMUM DEDUCTION FROM PAY OF term in excess of five years, but not more than rity Telecommunications and Information Sys- CERTAIN MEMBERS OF THE ARMED seven years.’’. tems Security Committee) that limits the acquisi- FORCES TO SUPPORT ARMED (b) CLARIFICATION OF PHASED IMPLEMENTA- tion by the Federal Government of all commer- FORCES RETIREMENT HOME. TION REQUIREMENTS.—Subsection (b) of such cial off-the-shelf information assurance and in- Section 1007(i) of title 37, United States Code, section is amended in paragraphs (2) and (3) by formation assurance-enabled information tech- is amended— striking ‘‘provided’’ each place it appears and nology products to those products that have (1) in paragraph (1), by striking ‘‘an amount inserting ‘‘ordered’’. been evaluated and validated in accordance (determined under paragraph (3)) not to exceed SEC. 352. ANNUAL SUBMISSION OF INFORMATION with appropriate criteria, schemes, or programs; $1.00.’’ and inserting ‘‘an amount equal to $1.00 ON NATIONAL SECURITY AND INFOR- and and such additional amount as may be deter- MATION TECHNOLOGY CAPITAL AS- (2) implementation of such policy includes mined under paragraph (3).’’; and SETS. uniform enforcement procedures. (2) in paragraph (3)— (a) REQUIREMENT TO SUBMIT INFORMATION.— SEC. 354. INSTALLATION AND CONNECTION POL- Not later than the date that the President sub- (A) by striking ‘‘the amount’’ in the first sen- ICY AND PROCEDURES REGARDING tence and inserting ‘‘the additional amount’’; mits the budget of the United States Government DEFENSE SWITCH NETWORK. to Congress each year, the Secretary of Defense and (a) ESTABLISHMENT OF POLICY AND PROCE- (B) by striking ‘‘The amount’’ in the second shall submit to Congress a description of, and DURES.—Not later than 180 days after the date relevant budget information on, each informa- sentence and inserting ‘‘The additional of the enactment of this Act, the Secretary of amount’’. tion technology and national security capital Defense shall establish clear and uniform policy asset of the Department of Defense that— and procedures, applicable to the military de- SEC. 363. CONDITION ON CONVERSION OF DE- (1) has an estimated life cycle cost (as com- FENSE SECURITY SERVICE TO A partments and Defense Agencies, regarding the WORKING CAPITAL FUNDED ENTITY. puted in fiscal year 2003 constant dollars), in installation and connection of telecom switches excess of $120,000,000; and The Secretary of Defense may not convert the to the Defense Switch Network. Defense Security Service to a working capital (2) has a cost for the fiscal year in which the (b) ELEMENTS OF POLICY AND PROCEDURES.— funded entity of the Department of Defense un- description is submitted (as computed in fiscal The policy and procedures shall address at a less the Secretary submits, in advance, to the year 2003 constant dollars) in excess of minimum the following: Committee on Armed Services of the House of $30,000,000. (1) Clear interoperability and compatibility re- Representatives and the Committee on Armed (b) INFORMATION TO BE INCLUDED.—The de- quirements for certifying, installing, and con- Services of the Senate a certification that the scription submitted under subsection (a) shall necting telecom switches to the Defense Switch Defense Security Service has the financial sys- include, with respect to each such capital asset Network. tems in place to fully support operation of the and national security system— (2) Current, complete, and enforceable testing, Defense Security Service as a working capital (1) the name and identifying acronym; validation, and certification procedures needed funded entity under section 2208 of title 10, (2) the date of initiation; to ensure the interoperability and compatibility United States Code. (3) a summary of performance measurements requirements are satisfied. and metrics; (c) EXCEPTIONS.—(1) The Secretary of Defense SEC. 364. CONTINUATION OF ARSENAL SUPPORT (4) the total amount of funds, by appropria- may specify certain circumstances in which— PROGRAM INITIATIVE. tion account, appropriated and obligated for (A) the requirements for testing, validation, (a) EXTENSION THROUGH FISCAL YEAR 2004.— prior fiscal years, with a specific breakout of and certification of telecom switches may be Subsection (a) of section 343 of the Floyd D. such information for the two preceding fiscal waived; or Spence National Defense Authorization Act for years; (B) interim authority for the installation and Fiscal Year 2001 (as enacted into law by Public (5) the funds, by appropriation account, re- connection of telecom switches to the Defense Law 106–398; 114 Stat. 1654A–65) is amended by quested for that fiscal year; Switch Network may be granted. striking ‘‘and 2002’’ and inserting ‘‘through (6) each prime contractor and the work to be (2) Only the Assistant Secretary of Defense for 2004’’. performed; Command, Control, Communications, and Intel- (b) REPORTING REQUIREMENTS.—Subsection (7) a description of program management and ligence, after consultation with the Chairman of (g) of such section is amended— management oversight; the Joint Chiefs of Staff, may approve a waiver (1) in paragraph (1), by striking ‘‘2002’’ and (8) the original baseline cost and most current or grant of interim authority under paragraph inserting ‘‘2004’’; and baseline information; and (1). (2) in paragraph (2), by striking the first sen- (9) a description of compliance with the provi- (d) INVENTORY OF DEFENSE SWITCH NET- tence and inserting the following new sentence: sions enacted in the Government Performance WORK.—The Secretary of Defense shall prepare ‘‘Not later than July 1, 2003, the Secretary of the Results Act of 1993 (Public Law 103–62; 107 Stat. and maintain an inventory of all telecom Army shall submit to the congressional defense 285) and the Clinger–Cohen Act of 1996 (division switches that, as of the date on which the Sec- committees a report on the results of the dem- D of Public Law 104–106; 110 Stat. 642). retary issues the policy and procedures— onstration program since its implementation, in- (c) ADDITIONAL INFORMATION TO BE IN- (1) are installed or connected to the Defense cluding the Secretary’s views regarding the ben- CLUDED FOR CERTAIN SYSTEMS.—(1) For each Switch Network; but efits of the program for Army manufacturing ar- information technology and national security (2) have not been tested, validated, and cer- senals and the Department of the Army and the system of the Department of Defense that has a tified by the Defense Information Systems Agen- success of the program in achieving the pur- cost for the fiscal year in excess of $2,000,000, cy (Joint Interoperability Test Center). poses specified in subsection (b).’’.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 H2292 CONGRESSIONAL RECORD — HOUSE May 9, 2002 SEC. 365. TRAINING RANGE SUSTAINMENT PLAN, shall be deemed to meet the eligibility require- ‘‘(2) shall be counted as part of the increase GLOBAL STATUS OF RESOURCES ments under subparagraph (B) or (C), as the for that armed force for that fiscal year author- AND TRAINING SYSTEM, AND TRAIN- case may be, for the period during which the ized under subsection (c)(1).’’. ING RANGE INVENTORY. housing units are undergoing such conversion. (b) EFFECTIVE DATE.—Subsection (f) of section (a) PLAN REQUIRED.—(1) The Secretary of De- ‘‘(ii) AMOUNT OF PAYMENT.—The amount of a 115 of title 10, United States Code, as added by fense shall develop a comprehensive plan for payment to a heavily impacted local educational subsection (a), shall take effect on October 1, using existing authorities available to the Sec- agency for a fiscal year by reason of the appli- 2002, or the date of the enactment of this Act, retary of Defense and the Secretaries of the mili- cation of clause (i), and calculated in accord- whichever is later. tary departments to address problems created by ance with subparagraph (D) or (E) (as the case SEC. 404. GENERAL AND FLAG OFFICER MANAGE- limitations on the use of military lands, marine may be), shall be based on the number of chil- MENT. areas, and airspace reserved, withdrawn, or des- dren in average daily attendance in the schools (a) EXCLUSION OF SENIOR MILITARY ASSISTANT ignated for training and testing activities by, of such agency for the fiscal year. TO THE SECRETARY OF DEFENSE FROM LIMITA- for, or on behalf of the Armed Forces. ‘‘(iii) CONVERSION OF MILITARY HOUSING UNITS TION ON ACTIVE DUTY OFFICERS IN GRADES (2) The plan shall include the following: TO PRIVATE HOUSING DESCRIBED.—For purposes ABOVE MAJOR GENERAL AND REAR ADMIRAL.— (A) Goals and milestones for tracking planned of clause (i), ‘conversion of military housing Effective on the date specified in subsection (e), actions and measuring progress. units to private housing’ means the conversion section 525(b) of title 10, United States Code, is (B) Projected funding requirements for imple- of military housing units to private housing amended by adding at the end the following menting planned actions. units pursuant to subchapter IV of chapter 169 new paragraph: (C) Designation of an office in the Office of of title 10, United States Code, or pursuant to ‘‘(8) An officer while serving in a position des- the Secretary of Defense and each of the mili- any other related provision of law.’’. ignated by the Secretary of Defense as Senior (b) EXCLUSION OF CERTAIN MILITARY BASIC tary departments that will have lead responsi- Military Assistant to the Secretary of Defense, if ALLOWANCES FOR HOUSING FOR DETERMINATION bility for overseeing implementation of the plan. serving in the grade of lieutenant general or OF ELIGIBILITY FOR FREE AND REDUCED PRICE (3) The Secretary of Defense shall submit the vice admiral, is in addition to the number that MEALS.—Section 9(b)(3) of the Richard B. Rus- plan to Congress at the same time as the Presi- otherwise would be permitted for that officer’s sell National School Lunch Act (42 U.S.C. dent submits the budget for fiscal year 2004 and armed force for that grade under paragraph (1) 1758(b)(3)) is amended by adding at the end the shall submit an annual report to Congress de- or (2). Only one officer may be designated as following: ‘‘For the one-year period beginning scribing the progress made in implementing the Senior Military Assistant to the Secretary of De- on the date of the enactment of this sentence, plan and any additional encroachment prob- fense for purposes of this paragraph.’’. the amount of a basic allowance provided under lems. (b) INCREASE IN NUMBER OF LIEUTENANT GEN- section 403 of title 37, United States Code, on be- (b) READINESS REPORTING IMPROVEMENT.—Not ERALS AUTHORIZED FOR THE MARINE CORPS.— half of an individual who is a member of the later than June 30, 2003, the Secretary of De- Effective on the date specified in subsection (e), uniformed services for housing that is acquired fense, using existing measures within the au- paragraph (2)(B) of such section is amended by or constructed under the authority of sub- thority of the Secretary, shall submit to Con- striking ‘‘16.2 percent’’ and inserting ‘‘17.5 per- chapter IV of chapter 169 of title 10, United gress a report on the plans of the Department of cent’’. States Code, or any other related provision of Defense to improve the Global Status of Re- (c) GRADE OF CHIEF OF VETERINARY CORPS OF law, shall not be considered to be income for sources and Training System— THE ARMY.—(1) Effective on the date specified purposes of determining the eligibility of a child (1) to better reflect the increasing challenges in subsection (e), chapter 307 of such title is of the individual for free or reduced price units of the Armed Forces must overcome to amended by adding at the end the following lunches under this Act.’’. achieve training requirements; and new section: (2) to quantify the extent to which encroach- TITLE IV—MILITARY PERSONNEL ment and other individual factors are making AUTHORIZATIONS ‘‘§ 3084. Chief of Veterinary Corps: grade military lands, marine areas, and airspace less Subtitle A—Active Forces ‘‘The Chief of the Veterinary Corps of the Army serves in the grade of brigadier general. available to support unit accomplishment of SEC. 401. END STRENGTHS FOR ACTIVE FORCES. An officer appointed to that position who holds training plans and readiness goals. The Armed Forces are authorized strengths a lower grade shall be appointed in the grade of (c) TRAINING RANGE INVENTORY.—The Sec- for active duty personnel as of September 30, brigadier general.’’. retary of Defense shall develop and maintain a 2003, as follows: training range data bank for each of the Armed (1) The Army, 484,800. (2) The table of sections at the beginning of Forces— (2) The Navy, 379,457. such chapter is amended by adding at the end (1) to identify all available operational train- (3) The Marine Corps, 175,000. the following new item: ing ranges; (4) The Air Force, 360,795. ‘‘3084. Chief of Veterinary Corps: grade.’’. (2) to identify all training capacities and ca- SEC. 402. REVISION IN PERMANENT END (d) REVIEW OF ACTIVE DUTY AND RESERVE pabilities available at each training range; STRENGTH MINIMUM LEVELS. GENERAL AND FLAG OFFICER AUTHORIZATIONS.— (3) to identify all current encroachment (a) REVISED END STRENGTH FLOORS.—Section (1) The Secretary of Defense shall submit to threats or other potential limitations on training 691(b) of title 10, United States Code, is amend- Congress a report containing any recommenda- that are, or are likely to, adversely affect train- ed— tions of the Secretary (together with the ration- (1) in paragraph (1), by striking ‘‘480,000’’ and ing and readiness; and ale of the Secretary for the recommendations) (4) to provide a point of contact for each inserting ‘‘484,800’’; (2) in paragraph (2), by striking ‘‘376,000’’ and concerning the following: training range. (A) Revision of the limitations on general and (d) GAO EVALUATION.—(1) With respect to inserting ‘‘379,457’; (3) in paragraph (3), by striking ‘‘172,600’’ and flag officer grade authorizations and distribu- each report submitted under this section, the inserting ‘‘175,000’’; and tion in grade prescribed by sections 525, 526, and Comptroller General shall submit to Congress, (4) in paragraph (4), by striking ‘‘358,800’’ and 12004 of title 10, United States Code. within 60 days after receiving the report, an inserting ‘‘360,795’’. (B) Statutory designation of the positions and evaluation of the report. (b) EFFECTIVE DATE.—The amendments made grades of any additional general and flag offi- (e) ARMED FORCES DEFINED.—In this section, by subsection (a) shall take effect on October 1, cers in the commands specified in chapter 1006 the term ‘‘Armed Forces’’ means the Army, 2002, or the date of the enactment of this Act, of title 10, United States Code, and the reserve Navy, Air Force, and Marine Corps. whichever is later. component offices specified in sections 3038, SEC. 366. AMENDMENTS TO CERTAIN EDUCATION SEC. 403. AUTHORITY FOR MILITARY DEPART- 5143, 5144, and 8038 of such title. AND NUTRITION LAWS RELATING TO MENT SECRETARIES TO INCREASE (2) The provisions of subsection (b) through ACQUISITION AND IMPROVEMENT ACTIVE-DUTY END STRENGTHS BY (e) of section 1213 of the National Defense Au- OF MILITARY HOUSING. UP TO 1 PERCENT. thorization Act for Fiscal Year 1997 (Public Law (a) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL (a) SERVICE SECRETARY AUTHORITY.—Section 104–201; 110 Stat. 2694) shall apply to the report EDUCATIONAL AGENCIES AFFECTED BY PRIVAT- 115 of title 10, United States Code, is amended under paragraph (1) in the same manner as they IZATION OF MILITARY HOUSING.—Section by inserting after subsection (e) the following applied to the report required by subsection (a) 8003(b)(2) of the Elementary and Secondary new subsection: of that section. Education Act of 1965 (20 U.S.C. 7703(b)(2)) is ‘‘(f) Upon determination by the Secretary of a (e) EFFECTIVE DATE.—The amendments made amended by adding at the end the following: military department that such action would en- by subsections (a), (b), and (c) shall take effect ‘‘(H) ELIGIBILITY FOR HEAVILY IMPACTED hance manning and readiness in essential units on the date of the receipt by Congress of the re- LOCAL EDUCATIONAL AGENCIES AFFECTED BY PRI- or in critical specialties or ratings, the Secretary port required by subsection (d). VATIZATION OF MILITARY HOUSING.— may increase the end strength authorized pur- SEC. 405. EXTENSION OF CERTAIN AUTHORITIES ‘‘(i) ELIGIBILITY.—For any fiscal year begin- suant to subsection (a)(1)(A) for a fiscal year for RELATING TO MANAGEMENT OF ning with fiscal year 2003, a heavily impacted the armed force under the jurisdiction of that NUMBERS OF GENERAL AND FLAG local educational agency that received a basic Secretary or, in the case of the Secretary of the OFFICERS IN CERTAIN GRADES. support payment under subparagraph (A) for Navy, for any of the armed forces under the ju- (a) SENIOR JOINT OFFICER POSITIONS.—Section the prior fiscal year, but is ineligible for such risdiction of that Secretary. Any such increase 604(c) of title 10, United States Code, is amended payment for the current fiscal year under sub- for a fiscal year— by striking ‘‘September 30, 2003’’ and inserting paragraph (B) or (C), as the case may be, by ‘‘(1) shall be by a number equal to not more ‘‘December 31, 2004’’. reason of the conversion of military housing than 1 percent of such authorized end strength; (b) DISTRIBUTION OF OFFICERS ON ACTIVE units to private housing described in clause (iii), and DUTY IN GENERAL AND FLAG OFFICER GRADES.—

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2293 Section 525(b)(5)(C) of such title is amended by (2) For the Army National Guard of the nents have for identifying and addressing in a striking ‘‘September 30, 2003’’ and inserting United States, 1,600, to be counted within the timely manner specific units in which non- ‘‘December 31, 2004’’. limitation specified in section 10217(c)(2) of title participation rates are significantly in excess of (c) AUTHORIZED STRENGTH FOR GENERAL AND 10, United States Code. the established norms. FLAG OFFICERS ON ACTIVE DUTY.—Section (b) AIR FORCE.—The number of non-dual sta- (2) The Comptroller General’s assessment of 526(b)(3) of such title is amended by striking tus technicians employed by the reserve compo- the effectiveness of the process for Federal rec- ‘‘October 1, 2002’’ and inserting ‘‘December 31, nents of the Army and the Air Force as of Sep- ognition of senior National Guard officers and 2004’’. tember 30, 2003, may not exceed the following: recommendations for improvement to that proc- Subtitle B—Reserve Forces (1) For the Air Force Reserve, 90. ess. (2) For the Air National Guard of the United (3) The Comptroller General’s assessment of SEC. 411. END STRENGTHS FOR SELECTED RE- States, 350, to be counted within the limitation the process for, and the nature and extent of, SERVE. specified in section 10217(c)(2) of title 10, United the administrative or judicial corrective action (a) IN GENERAL.—The Armed Forces are au- States Code. taken by the Secretary of Defense, the Secretary thorized strengths for Selected Reserve per- (c) NON-DUAL STATUS TECHNICIANS DE- of the Army, and the Secretary of the Air Force sonnel of the reserve components as of Sep- FINED.—In this section, the term ‘‘non-dual sta- as a result of Inspector General investigations or tember 30, 2003, as follows: tus technician’’ has the meaning given that term other investigations in which allegations (1) The Army National Guard of the United in section 10217(a) of title 10, United States against senior National Guard officers are sub- States, 350,000. Code. stantiated in whole or in part. (2) The Army Reserve, 205,000. (d) TECHNICAL AMENDMENTS.—Effective Octo- (4) The Comptroller General’s determination (3) The Naval Reserve, 87,800. ber 1, 2002, section 10217(c)(2) of title 10, United of the effectiveness of the Federal protections (4) The Marine Corps Reserve, 39,558. States Code, is amended— provided for members or employees of the Na- (5) The Air National Guard of the United (1) in the first sentence, by striking ‘‘Effective tional Guard who report allegations of waste, States, 106,600. October 1, 2002, the’’ and inserting ‘‘The’’; and fraud, abuse, or mismanagement and the nature (6) The Air Force Reserve, 75,600. (2) in the second sentence, by striking ‘‘after and extent to which corrective action is taken (7) The Coast Guard Reserve, 9,000. the preceding sentence takes effect’’. against those in the National Guard who retali- (b) ADJUSTMENTS.—The end strengths pre- ate against such members or employees. scribed by subsection (a) for the Selected Re- Subtitle C—Authorization of Appropriations (b) SECRETARY OF DEFENSE REPORT ON DIF- serve of any reserve component shall be propor- SEC. 421. AUTHORIZATION OF APPROPRIATIONS FERENT ARMY AND AIR FORCE PROCEDURES.— tionately reduced by— FOR MILITARY PERSONNEL. Not later than six months after the date of the (1) the total authorized strength of units orga- There is hereby authorized to be appropriated enactment of this Act, the Secretary of Defense nized to serve as units of the Selected Reserve of to the Department of Defense for military per- shall submit to Congress a report on the dif- such component which are on active duty (other sonnel for fiscal year 2003 a total of fering Army and Air Force policies for taking than for training) at the end of the fiscal year; $93,725,028,000. The authorization in the pre- adverse administrative actions against National and ceding sentence supersedes any other authoriza- Guard officers in a State status. The report (2) the total number of individual members not tion of appropriations (definite or indefinite) for shall include the Secretary’s determination as to in units organized to serve as units of the Se- such purpose for fiscal year 2003. whether changes should be made in those poli- lected Reserve of such component who are on TITLE V—MILITARY PERSONNEL POLICY cies, especially through requiring the Air Force active duty (other than for training or for un- SEC. 501. INCREASE IN NUMBER OF DEPUTY to adopt the same policy as the Army for such satisfactory participation in training) without COMMANDANTS OF THE MARINE administrative actions. their consent at the end of the fiscal year. CORPS. SEC. 512. COURTS-MARTIAL FOR THE NATIONAL Whenever such units or such individual mem- Section 5045 of title 10, United States Code, is GUARD WHEN NOT IN FEDERAL bers are released from active duty during any amended by striking ‘‘five’’ and inserting ‘‘six’’. SERVICE. fiscal year, the end strength prescribed for such SEC. 502. EXTENSION OF GOOD-OF-THE-SERVICE (a) MANNER OF PRESCRIBING PUNISHMENTS.— fiscal year for the Selected Reserve of such re- WAIVER AUTHORITY FOR OFFICERS Section 326 of title 32, United States Code, is serve component shall be proportionately in- APPOINTED TO A RESERVE CHIEF OR amended by adding at the end the following creased by the total authorized strengths of GUARD DIRECTOR POSITION. new sentence: ‘‘Punishments shall be as pro- such units and by the total number of such indi- (a) WAIVER OF REQUIREMENT FOR SIGNIFICANT vided by the laws of the respective States and vidual members. JOINT DUTY EXPERIENCE.—Sections 3038(b)(4), Territories, Puerto Rico, and the District of Co- 5143(b)(4), 5144(b)(4), 8038(b)(4), and SEC. 412. END STRENGTHS FOR RESERVES ON AC- lumbia.’’. TIVE DUTY IN SUPPORT OF THE RE- 10506(a)(3)(D) of title 10, United States Code, are (b) CONVENING AUTHORITY.—Section 327 of SERVES. each amended by striking ‘‘October 1, 2003’’ and such title is amended to read as follows: inserting ‘‘December 31, 2004’’. Within the end strengths prescribed in section ‘‘§ 327. Courts-martial of National Guard not (b) REPORT ON FUTURE IMPLEMENTATION OF 411(a), the reserve components of the Armed in Federal service: convening authority REQUIREMENT.—Not later than one year after Forces are authorized, as of September 30, 2003, ‘‘(a) In the National Guard not in Federal the following number of Reserves to be serving the date of the enactment of this Act, the Sec- retary of Defense shall submit to the Committee service, general, special, and summary courts- on full-time active duty or full-time duty, in the martial may be convened as provided by the case of members of the National Guard, for the on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Rep- laws of the States and Territories, Puerto Rico, purpose of organizing, administering, recruiting, and the District of Columbia. instructing, or training the reserve components: resentatives a report setting forth the steps being taken (and proposed to be taken) by the ‘‘(b) In addition to convening authorities as (1) The Army National Guard of the United provided under subsection (a), in the National States, 24,562. Secretary, the Secretaries of the military depart- ments, and the Chairman of the Joint Chiefs of Guard not in Federal service— (2) The Army Reserve, 14,070. ‘‘(1) general courts-martial may be convened Staff to ensure that no further extension of the (3) The Naval Reserve, 14,572. by the President; (4) The Marine Corps Reserve, 2,261. waiver authority under the sections amended by ‘‘(2) special courts-martial may be convened— (5) The Air National Guard of the United subsection (a) is required and that after Decem- ‘‘(A) by the commanding officer of a garrison, States, 11,697. ber 31, 2004, appointment of officers to serve in fort, post, camp, air base, auxiliary air base, or (6) The Air Force Reserve, 1,498. the positions covered by those sections shall be other place where troops are on duty; or SEC. 413. END STRENGTHS FOR MILITARY TECH- made from officers with the requisite joint duty ‘‘(B) by the commanding officer of a division, NICIANS (DUAL STATUS). experience. brigade, regiment, wing, group, detached bat- The minimum number of military technicians Subtitle B—Reserve Component Management talion, separate squadron, or other detached (dual status) as of the last day of fiscal year SEC. 511. REVIEWS OF NATIONAL GUARD command; and 2003 for the reserve components of the Army and STRENGTH ACCOUNTING AND MAN- ‘‘(3) summary courts-martial may be con- the Air Force (notwithstanding section 129 of AGEMENT AND OTHER ISSUES. vened— title 10, United States Code) shall be the fol- (a) COMPTROLLER GENERAL ASSESSMENTS.— ‘‘(A) by the commanding officer of a garrison, lowing: Not later than one year after the date of the en- fort, post, camp, air base, auxiliary air base, or (1) For the Army National Guard of the actment of this Act, the Comptroller General other place where troops are on duty; or United States, 24,102. shall submit to Congress a report on manage- ‘‘(B) by the commanding officer of a division, (2) For the Army Reserve, 6,599. ment of the National Guard. The report shall in- brigade, regiment, wing, group, detached bat- (3) For the Air National Guard of the clude the following: talion, detached squadron, detached company, United States, 22,495. (1) The Comptroller General’s assessment of or other detachment.’’. (4) For the Air Force Reserve, 9,911. the effectiveness of the implementation of De- (2) The item relating to such section in the SEC. 414. FISCAL YEAR 2003 LIMITATION ON NON- partment of Defense plans for improving man- table of sections at the beginning of chapter 3 of DUAL STATUS TECHNICIANS. agement and accounting for personnel strengths such title is amended to read as follows: (a) ARMY.—The number of non-dual status in the National Guard, including an assessment ‘‘327. Courts-martial of National Guard not in technicians employed by the reserve components of the process that the Department of Defense, Federal service: convening au- of the Army as of September 30, 2003, may not the National Guard Bureau, the Army National thority.’’. exceed the following: Guard and State-level National Guard leader- (c) REPEAL OF SUPERSEDED AND OBSOLETE (1) For the Army Reserve, 995. ship, and leadership in the other reserve compo- PROVISIONS.—

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 H2294 CONGRESSIONAL RECORD — HOUSE May 9, 2002 (1) Sections 328, 329, 330, 331, 332, and 333 of SEC. 522. ELIGIBILITY FOR CONSIDERATION FOR of the physical condition of a Reserve officer title 32, United States Code, are repealed. PROMOTION TO GRADE OF MAJOR and determination of the officer’s entitlement to (2) The table of sections at the beginning of GENERAL FOR CERTAIN RESERVE retirement or separation for physical disability COMPONENT BRIGADIER GENERALS require hospitalization or medical observation chapter 3 of such title is amended by striking WHO DO NOT OTHERWISE QUALIFY the items relating to sections 328, 329, 330, 331, FOR CONSIDERATION FOR PRO- and that such hospitalization or medical obser- 332, and 333. MOTION UNDER THE ONE-YEAR vation cannot be completed with confidence in a (d) PREPARATION OF MODEL STATE CODE OF RULE. manner consistent with the officer’s well-being MILITARY JUSTICE AND MODEL STATE MANUAL Section 14301(g) of title 10, United States before the date on which the officer would oth- FOR COURTS-MARTIAL.—(1) The Secretary of De- Code, is amended to read as follows: erwise be required to be separated, retired, or fense shall prepare, for consideration for enact- ‘‘(g) BRIGADIER GENERALS.—(1) An officer transferred to the Retired Reserve under this ment by the States, a model State code of mili- who is a reserve component brigadier general of title, the Secretary may defer the separation, re- tary justice and a model State manual of courts- the Army or the Air Force who is not eligible for tirement, or transfer of the officer under this martial for use with respect to the National consideration for promotion under subsection title. Guard not in Federal service. Both such models (a) because the officer is not on the reserve ac- ‘‘(b) A deferral under subsection (a) of separa- shall be consistent with the recommendations tive status list (as required by paragraph (1) of tion, retirement, or transfer to the Retired Re- contained in the report, issued in 1998, by the that subsection for such eligibility) is neverthe- serve may not extend for more than 30 days panel known as the Department of Defense less eligible for consideration for promotion to after completion of the evaluation requiring hos- Panel to Study Military Justice in the National the grade of major general by a promotion board pitalization or medical observation.’’. Guard not in Federal Service. convened under section 14101(a) of this title if— (b) CLERICAL AMENDMENT.—The table of sec- tions at the beginning of such chapter is amend- (2) The Secretary shall ensure that adequate ‘‘(A) as of the date of the convening of the promotion board, the officer has been in an in- ed by adding at the end the following new item: support for the preparation of such model State active status for less than one year; and code and model State manual (including the de- ‘‘14519. Deferment of retirement or separation ‘‘(B) immediately before the date of the offi- tailing of attorneys and other staff) is provided for medical reasons.’’. cer’s most recent transfer to an inactive status, by the General Counsel of the Department of the officer had continuously served on the re- Subtitle D—Education and Training Defense, the Secretary of the Army, the Sec- serve active status list or the active-duty list (or SEC. 531. AUTHORITY FOR PHASED INCREASE TO retary of the Air Force, and the Chief of the Na- a combination of the reserve active status list 4,400 IN AUTHORIZED STRENGTHS tional Guard Bureau. and the active-duty list) for at least one year. FOR THE SERVICE ACADEMIES. (3) If the amounts available to the Chief of the ‘‘(2) An officer who is a reserve component (a) MILITARY ACADEMY.—Section 4342 of title National Guard Bureau are not adequate for brigadier general of the Army or the Air Force 10, United States Code, is amended— the costs required to provide support under who is on the reserve active status list but who (1) in subsection (a), by inserting before the paragraph (2) (including costs for increased pay is not eligible for consideration for promotion period at the end of the first sentence the fol- when members of the National Guard are or- under subsection (a) because the officer’s service lowing: ‘‘or such higher number as may be pre- dered to active duty, cost of detailed attorneys does not meet the one-year-of-continuous-serv- scribed by the Secretary of the Army under sub- and other staff, allowances, and travel ex- ice requirement under paragraph (2) of that sub- section (j)’’; and penses), the Secretary shall, upon request of the section is nevertheless eligible for consideration (2) by adding at the end the following new Chief of the Bureau, provide such additional for promotion to the grade of major general by subsection: amounts as are necessary. a promotion board convened under section ‘‘(j)(1) Beginning with the 2003–2004 academic (4) Not later than one year after the date of 14101(a) of this title if— year, the Secretary of the Army may prescribe the enactment of this Act, the Secretary shall ‘‘(A) the officer was transferred from an inac- annual increases in the cadet strength limit in submit to the Committee on Armed Services of tive status to the reserve active status list during effect under subsection (a). For any academic the Senate and the Committee on Armed Serv- the one-year period preceding the date of the year, any such increase shall be by no more ices of the House of Representatives a report on convening of the promotion board; than 100 cadets or such lesser number as applies the implementation of this subsection. The re- ‘‘(B) immediately before the date of the offi- under paragraph (3) for that year. Such annual port shall include proposals in final form of cer’s most recent transfer to an active status, increases may be prescribed until the cadet both the model State code and the model State the officer had been in an inactive status for strength limit is 4,400. However, no increase may manual required by paragraph (1) and shall set less than one year; and be prescribed for any academic year after the forth the efforts being made to present those ‘‘(C) immediately before the date of the offi- 2007–2008 academic year. proposals to the States for their consideration cer’s most recent transfer to an inactive status, ‘‘(2) Any increase in the cadet strength limit for enactment. the officer had continuously served for at least under paragraph (1) with respect to an aca- (5) In this subsection, the term ‘‘State’’ in- one year on the reserve active status list or the demic year shall be prescribed not later than the cludes the District of Columbia, the Common- active-duty list (or a combination of the reserve date on which the budget of the President is wealth of Puerto Rico, the Virgin Islands, and active status list and the active-duty list).’’. submitted to Congress under section 1105 of title Guam. SEC. 523. RETENTION OF PROMOTION ELIGI- 31 for the fiscal year beginning in the same year BILITY FOR RESERVE COMPONENT as the year in which that academic year begins. SEC. 513. MATCHING FUNDS REQUIREMENTS GENERAL AND FLAG OFFICERS UNDER NATIONAL GUARD YOUTH Whenever the Secretary prescribes such an in- TRANSFERRED TO AN INACTIVE STA- CHALLENGE PROGRAM. crease, the Secretary shall submit to Congress a TUS. Effective October 1, 2002, subsection (d) of sec- notice in writing of the increase. The notice Section 14317 of title 10, United States Code, is shall state the amount of the increase in the tion 509 of title 32, United States Code, is amended by adding at the end the following amended to read as follows: cadet strength limit and the new cadet strength new subsection: limit, as so increased, and the amount of the in- ‘‘(d) MATCHING FUNDS REQUIRED.—The ‘‘(f) EFFECT OF TRANSFER OF OFFICERS IN PAY crease in Senior Army Reserve Officers’ Train- amount of assistance provided under this sec- GRADE O–7 TO INACTIVE STATUS.—Notwith- ing Corps enrollment under each of sections 2104 tion to a State program of the National Guard standing subsection (a), if a reserve officer on and 2107 of this title. Challenge Program for a fiscal year may not ex- the active-status list in the grade of brigadier ‘‘(3) The amount of an increase under para- ceed 75 percent of the costs of operating the general or rear admiral (lower half) is trans- graph (1) in the cadet strength limit for an aca- State program during that fiscal year.’’. ferred to an inactive status after having been demic year may not exceed the increase (if any) Subtitle C—Reserve Component Officer recommended for promotion to the grade of for the preceding academic year in the total Personnel Policy major general or rear admiral under this chap- number of cadets enrolled in the Army Senior ter, or after having been found qualified for Reserve Officers’ Training Corps program under SEC. 521. EXEMPTION FROM ACTIVE STATUS Federal recognition in the grade of major gen- STRENGTH LIMITATION FOR RE- chapter 103 of this title who have entered into SERVE COMPONENT GENERAL AND eral under title 32, but before being promoted, an agreement under section 2104 or 2107 of this FLAG OFFICERS SERVING ON ACTIVE the officer shall retain promotion eligibility and, title. DUTY IN CERTAIN JOINT DUTY AS- if otherwise qualified, may be promoted to the ‘‘(4) In this subsection, the term ‘cadet SIGNMENTS DESIGNATED BY THE higher grade after returning to an active sta- strength limit’ means the authorized maximum CHAIRMAN OF THE JOINT CHIEFS OF tus.’’. strength of the Corps of Cadets of the Acad- STAFF. SEC. 524. AUTHORITY FOR LIMITED EXTENSION emy.’’. Section 12004 of title 10, United States Code, is OF MEDICAL DEFERMENT OF MAN- (b) NAVAL ACADEMY.—Section 6954 of title 10, amended by adding at the end the following DATORY RETIREMENT OR SEPARA- United States Code, is amended— new subsection: TION FOR RESERVE OFFICERS. (1) in subsection (a), by inserting before the (a) DEFERMENT OF RETIREMENT OR SEPARA- ‘‘(f)(1) A general or flag officer who is on ac- period at the end of the first sentence the fol- TION FOR MEDICAL REASONS.—Chapter 1407 of tive duty but who is not counted under section lowing: ‘‘or such higher number as may be pre- title 10, United States Code, is amended by add- 526(a) of this title by reason of section scribed by the Secretary of the Navy under sub- ing at the end the following new section: 526(b)(2)(B) of this title shall also be excluded section (h)’’; and from being counted under subsection (a). ‘‘§ 14519. Deferment of retirement or separa- (2) by adding at the end the following new ‘‘(2) This subsection shall cease to be effective tion for medical reasons subsection: on the date specified in section 526(b)(3) of this ‘‘(a) If the Secretary of the military depart- ‘‘(h)(1) Beginning with the 2003–2004 academic title.’’. ment concerned determines that the evaluation year, the Secretary of the Navy may prescribe

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2295 annual increases in the midshipmen strength ‘‘(i) The Secretary of each military depart- vidual the Vietnam Service Medal, notwith- limit in effect under subsection (a). For any ment shall seek to achieve an increase in the standing any otherwise applicable requirements academic year, any such increase shall be by no number of agreements entered into under this for the award of that medal. Any such award more than 100 midshipmen or such lesser number section so as to achieve an increase, by the 2006– shall be made in lieu of the Armed Forces Expe- as applies under paragraph (3) for that year. 2007 academic year, of not less than 400 in the ditionary Medal awarded the individual for par- Such annual increases may be prescribed until number of cadets or midshipmen, as the case ticipation in Operation Frequent Wind. the midshipmen strength limit is 4,400. However, may be, enrolled under this section, compared to (b) ELIGIBLE VIETNAM EVACUATION VET- no increase may be prescribed for any academic such number enrolled for the 2002–2003 academic ERAN.—For purposes of this section, the term year after the 2007–2008 academic year. year. In the case of the Secretary of the Navy, ‘‘eligible Vietnam evacuation veteran’’ means a ‘‘(2) Any increase in the midshipmen strength the Secretary shall seek to ensure that not less member or former member of the Armed Forces limit under paragraph (1) with respect to an than one-third of such increase in agreements who was awarded the Armed Forces Expedi- academic year shall be prescribed not later than under this section are with students enrolled (or tionary Medal for participation in military oper- the date on which the budget of the President is seeking to enroll) in programs of study leading ations designated as Operation Frequent Wind submitted to Congress under section 1105 of title to a baccalaureate degree in nuclear engineer- arising from the evacuation of Vietnam on April 31 for the fiscal year beginning in the same year ing or another appropriate technical, scientific, 29 and 30, 1975. as the year in which that academic year begins. or engineering field of study.’’. Subtitle F—Administrative Matters Whenever the Secretary prescribes such an in- (e) REPEAL OF LIMIT ON NUMBER OF ROTC crease, the Secretary shall submit to Congress a SEC. 551. STAFFING AND FUNDING FOR DEFENSE SCHOLARSHIPS.—Section 2107 of such title is fur- PRISONER OF WAR/MISSING PER- notice in writing of the increase. The notice ther amended by striking the first sentence of SONNEL OFFICE. shall state the amount of the increase in the subsection (h)(1). (a) REQUIREMENT FOR STAFFING AND FUNDING midshipmen strength limit and the new mid- (f) REPEAL OF OBSOLETE LANGUAGE.—Section AT LEVELS REQUIRED FOR PERFORMANCE OF shipmen strength limit, as so increased, and the 4342(i) of such title is amended by striking ‘‘(be- FULL RANGE OF MISSIONS.—Subsection (a) of amount of the increase in Senior Navy Reserve ginning with the 2001–2002 academic year)’’. section 1501 of title 10, United States Code, is Officers’ Training Corps enrollment under each SEC. 532. ENHANCEMENT OF RESERVE COMPO- amended by adding at the end the following of sections 2104 and 2107 of this title. NENT DELAYED TRAINING PRO- new paragraph: ‘‘(3) The amount of an increase under para- GRAM. ‘‘(5)(A) The Secretary of Defense shall ensure graph (1) in the midshipmen strength limit for (a) INCREASE IN TIME FOLLOWING ENLISTMENT that the office is provided sufficient military an academic year may not exceed the increase FOR COMMENCEMENT OF INITIAL PERIOD OF AC- and civilian personnel levels, and sufficient (if any) for the preceding academic year in the TIVE DUTY FOR TRAINING.—Section 12103(d) of funding, to enable the office to fully perform its total number of midshipmen enrolled in the title 10, United States Code, is amended by strik- complete range of missions. The Secretary shall Navy Senior Reserve Officers’ Training Corps ing ‘‘270 days’’ in the last sentence and insert- ensure that Department of Defense program- program under chapter 103 of this title who ing ‘‘one year’’. ming, planning, and budgeting procedures are have entered into an agreement under section (b) EFFECTIVE DATE.—The amendment made 2104 or 2107 of this title. structured so as to ensure compliance with the by subsection (a) shall apply with respect to en- preceding sentence for each fiscal year. ‘‘(4) In this subsection, the term ‘midshipmen listments under section 12103(d) of title 10, strength limit’ means the authorized maximum ‘‘(B) For any fiscal year, the number of mili- United States Code, after the end of the 90–day tary and civilian personnel assigned or detailed strength of the Brigade of Midshipmen.’’. period beginning on the date of the enactment (c) AIR FORCE ACADEMY.—Section 9342 of title to the office may not be less than the number re- of this Act. quested in the President’s budget for fiscal year 10, United States Code, is amended— (c) TRANSITION.—In the case of a person who (1) in subsection (a), by inserting before the 2003, unless a level below such number is ex- enlisted under section 12103(d) of title 10, United period at the end of the first sentence the fol- pressly required by law. States Code, before the date of the enactment of lowing: ‘‘or such higher number as may be pre- ‘‘(C) For any fiscal year, the level of funding this Act and who as of such date has not com- scribed by the Secretary of the Air Force under allocated to the office within the Department of menced the required initial period of active duty subsection (j)’’; and Defense may not be below the level requested for (2) by adding at the end the following new for training under that section, the amendment such purposes in the President’s budget for fis- subsection: made by subsection (a) may be applied to that cal year 2003, unless such a level of funding is ‘‘(j)(1) Beginning with the 2003–2004 academic person, but only with the agreement of that per- expressly required by law.’’. year, the Secretary of the Air Force may pre- son and the Secretary concerned. (b) NAME OF OFFICE.—Such subsection is fur- scribe annual increases in the cadet strength Subtitle E—Decorations and Awards ther amended by inserting after the first sen- limit in effect under subsection (a). For any SEC. 541. WAIVER OF TIME LIMITATIONS FOR tence of paragraph (1) the following new sen- academic year, any such increase shall be by no AWARD OF CERTAIN DECORATIONS tence: ‘‘Such office shall be known as the De- more than 100 cadets or such lesser number as TO CERTAIN PERSONS. fense Prisoner of War/Missing Personnel Of- applies under paragraph (3) for that year. Such (a) WAIVER.—Any limitation established by fice.’’. annual increases may be prescribed until the law or policy for the time within which a rec- SEC. 552. THREE-YEAR FREEZE ON REDUCTIONS cadet strength limit is 4,400. However, no in- ommendation for the award of a military deco- OF PERSONNEL OF AGENCIES RE- crease may be prescribed for any academic year ration or award must be submitted shall not SPONSIBLE FOR REVIEW AND COR- after the 2007–2008 academic year. apply to awards of decorations described in this RECTION OF MILITARY RECORDS. ‘‘(2) Any increase in the cadet strength limit section, the award of each such decoration hav- (a) IN GENERAL.—Chapter 79 of title 10, under paragraph (1) with respect to an aca- ing been determined by the Secretary concerned United States Code, is amended by adding at the demic year shall be prescribed not later than the to be warranted in accordance with section 1130 end the following new section: date on which the budget of the President is of title 10, United States Code. ‘‘§ 1559. Personnel limitation submitted to Congress under sections 1105 of (b) DISTINGUISHED FLYING CROSS.—Subsection ‘‘(a) LIMITATION.—During fiscal years 2003, title 31 for the fiscal year beginning in the same (a) applies to the award of the Distinguished 2004, and 2005, the Secretary of a military de- year as the year in which that academic year Flying Cross (including multiple awards to the partment may not carry out any reduction in begins. Whenever the Secretary prescribes such same individual) in the case of each individual the number of military and civilian personnel an increase, the Secretary shall submit to Con- concerning whom the Secretary of the military assigned to duty with the service review agency gress a notice in writing of the increase. The no- department concerned (or a designated official for that military department below the baseline tice shall state the amount of the increase in the acting on behalf of the Secretary of the military number for that agency until— cadet strength limit and the new cadet strength department concerned) submitted to the Com- ‘‘(1) the Secretary submits to Congress a re- limit, as so increased, and the amount of the in- mittee on Armed Services of the House of Rep- port that— crease in Senior Air Force Reserve Officers’ resentatives and the Committee on Armed Serv- ‘‘(A) describes the reduction proposed to be Training Corps enrollment under each of sec- ices of the Senate, during the period beginning made; tions 2104 and 2107 of this title. on December 28, 2001, and ending on the day be- ‘‘(B) provides the Secretary’s rationale for ‘‘(3) The amount of an increase under para- fore the date of the enactment of this Act, a no- that reduction; and graph (1) in the cadet strength limit for an aca- tice as provided in section 1130(b) of title 10, ‘‘(C) specifies the number of such personnel demic year may not exceed the increase (if any) United States Code, that the award of the Dis- that would be assigned to duty with that agency for the preceding academic year in the total tinguished Flying Cross to that individual is after the reduction; and number of cadets enrolled in the Air Force Sen- warranted and that a waiver of time restrictions ‘‘(2) a period of 90 days has elapsed after the ior Reserve Officers’ Training Corps program prescribed by law for recommendation for such date on which the report is submitted. under chapter 103 of this title who have entered award is recommended. ‘‘(b) BASELINE NUMBER.—The baseline number into an agreement under section 2104 or 2107 of SEC. 542. OPTION TO CONVERT AWARD OF ARMED for a service review agency under this section this title. FORCES EXPEDITIONARY MEDAL is— ‘‘(4) In this subsection, the term ‘cadet AWARDED FOR OPERATION FRE- ‘‘(1) for purposes of the first report with re- strength limit’ means the authorized maximum QUENT WIND TO VIETNAM SERVICE spect to a service review agency under this sec- strength of Air Force Cadets of the Academy.’’. MEDAL. tion, the number of military and civilian per- (d) TARGET FOR INCREASES IN NUMBER OF (a) IN GENERAL.—The Secretary of the mili- sonnel assigned to duty with that agency as of ROTC SCHOLARSHIP PARTICIPANTS.—Section tary department concerned shall, upon the ap- January 1, 2002; and 2107 of such title is amended by adding at the plication of an individual who is an eligible ‘‘(2) for purposes of any subsequent report end the following new subsection: Vietnam evacuation veteran, award that indi- with respect to a service review agency under

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 H2296 CONGRESSIONAL RECORD — HOUSE May 9, 2002 this section, the number of such personnel speci- forces. Information in the report shall be shown (1) by striking ‘‘recuperative’’ and inserting fied in the most recent report with respect to for the Department of Defense as a whole and ‘‘recuperation’’; and that agency under this section. separately for each of the Army, Navy, Air (2) by inserting before the period at the end ‘‘(c) SERVICE REVIEW AGENCY DEFINED.—In Force, and Marine Corps. the following: ‘‘, or to an alternate location at this section, the term ‘service review agency’ ‘‘(b) MATTERS TO BE INCLUDED.—Each report a cost not to exceed the cost of transportation to means— under subsection (a) shall include, at a min- the nearest port in the 48 contiguous States, and ‘‘(1) with respect to the Department of the imum, the following information with respect to return’’. Army, the Army Review Boards Agency; female members: SEC. 564. VEHICLE STORAGE IN LIEU OF TRANS- ‘‘(2) with respect to the Department of the ‘‘(1) Access to health care. PORTATION WHEN MEMBER IS OR- Navy, the Board for Correction of Naval ‘‘(2) Positions open. DERED TO A NONFOREIGN DUTY Records; and ‘‘(3) Assignment policies. STATION OUTSIDE CONTINENTAL ‘‘(3) with respect to the Department of the Air ‘‘(4) Joint spouse assignments. UNITED STATES. Force, the Air Force Review Boards Agency.’’. ‘‘(5) Deployment availability rates. (a) STORAGE COSTS AUTHORIZED.—Subsection (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(6) Promotion and retention rates. (b) of section 2634 of title 10, United States Code, tions at the beginning of such chapter is amend- ‘‘(7) Assignments in nontraditional fields. is amended by striking paragraphs (1) and (2) ed by adding at the end the following new item: ‘‘(8) Assignments to command positions. and inserting the following: ‘‘(b)(1) When a member receives a vehicle stor- ‘‘1559. Personnel limitation.’’. ‘‘(9) Selection for service schools. ‘‘(10) Sexual harassment.’’. age qualifying order, the member may elect to SEC. 553. DEPARTMENT OF DEFENSE SUPPORT (b) CLERICAL AMENDMENT.—The table of sec- have a motor vehicle described in subsection (a) FOR PERSONS PARTICIPATING IN stored at the expense of the United States at a MILITARY FUNERAL HONORS DE- tions at the beginning of such chapter is amend- TAILS. ed by adding at the end the following new item: location approved by the Secretary concerned. Section 1491(d) of title 10, United States Code, ‘‘488. Status of female members of the armed In the case of a vehicle storage qualifying order is amended— forces: annual report.’’. that is to make a change of permanent station, such storage is in lieu of transportation author- (1) by striking ‘‘To provide a’’ after ‘‘SUP- Subtitle G—Benefits PORT.—’’ and inserting ‘‘(1) To support a’’; ized by subsection (a). SEC. 561. VOLUNTARY LEAVE SHARING PROGRAM ‘‘(2) In this subsection, the term ‘vehicle stor- (2) by redesignating paragraph (1) as sub- FOR MEMBERS OF THE ARMED paragraph (A) and amending such subpara- age qualifying order’ means any of the fol- FORCES. lowing: graph, as so redesignated, to read as follows: (a) IN GENERAL.—(1) Chapter 40 of title 10, ‘‘(A) For a person who participates in a fu- ‘‘(A) An order to make a change of permanent United States Code, is amended by adding at the station to a foreign country in a case in which neral honors detail (other than a person who is end the following new section: a member of the armed forces not in a retired the laws, regulations, or other restrictions im- ‘‘§ 709. Voluntary transfers of leave status or an employee of the United States), ei- posed by the foreign country or by the United ther transportation (or reimbursement for trans- ‘‘(a) PROGRAM.—The Secretary concerned States either— portation) and expenses or the daily stipend shall, by regulation, establish a program under ‘‘(i) preclude entry of a motor vehicle de- prescribed under paragraph (2).’’; which leave accrued by a member of an armed scribed in subsection (a) into that country; or (3) by redesignating paragraph (2) as sub- force may be transferred to another member of ‘‘(ii) would require extensive modification of paragraph (B) and in that subparagraph— the same armed force who requires additional the vehicle as a condition to entry. (A) by striking ‘‘Materiel, equipment, and leave because of a qualifying emergency. Any ‘‘(B) An order to make a change of permanent training for’’ and inserting ‘‘For’’; and such transfer of leave may be made only upon station to a nonforeign area outside the conti- (B) by inserting before the period at the end the voluntary written application of the member nental United States in a case in which the ‘‘and for members of the armed forces in a re- whose leave is to be transferred. laws, regulations, or other restrictions imposed tired status, materiel, equipment, and training’’; ‘‘(b) APPROVAL OF COMMANDING OFFICER RE- by that area or by the United States either— (4) by redesignating paragraph (3) as sub- QUIRED.—Any transfer of leave under a program ‘‘(i) preclude entry of a motor vehicle de- paragraph (C) and in that subparagraph— under this section may only be made with the scribed in subsection (a) into that area; or (A) by striking ‘‘Articles of clothing for’’ and approval of the commanding officer of the leave ‘‘(ii) would require extensive modification of inserting ‘‘For’’; and donor and the leave recipient. the vehicle as a condition to entry. (B) by inserting ‘‘, articles of clothing’’ after ‘‘(c) QUALIFYING EMERGENCY.—In this section, ‘‘(C) An order under which a member is trans- ‘‘subsection (b)(2)’’; and the term ‘qualifying emergency’, with respect to ferred or assigned in connection with a contin- (5) by adding at the end the following new a member of the armed forces, means a cir- gency operation to duty at a location other than paragraphs: cumstance that— the permanent station of the member for a pe- ‘‘(2) The Secretary of Defense shall prescribe ‘‘(1) is likely to require the prolonged absence riod of more than 30 consecutive days but which annually a flat rate daily stipend for purposes of the member from duty; and is not considered a change of permanent sta- of paragraph (1)(A). Such stipend shall be set at ‘‘(2) is due to— tion.’’. a rate so as to encompass typical costs for trans- ‘‘(A) a medical condition of a member of the (b) NONFOREIGN AREA OUTSIDE THE CONTI- portation and other miscellaneous expenses for immediate family of the member; or NENTAL UNITED STATES DEFINED.—Subsection persons participating in funeral honors details ‘‘(B) any other hardship that the Secretary (h) of such section is amended by adding at the who are members of the armed forces in a retired concerned determines appropriate for purposes end the following new paragraph: ‘‘(3) The term ‘nonforeign area outside the status and other persons are not members of the of this section. continental United States’ means any of the fol- armed forces or employees of the United States. ‘‘(d) MILITARY DEPARTMENT REGULATIONS.— ‘‘(3) A stipend paid under this subsection to a Regulations prescribed under this section by the lowing: the States of Alaska and Hawaii, the member of the armed forces in a retired status is Secretaries of the military department shall be Commonwealths of Puerto Rico and the North- in addition to any compensation to which the as uniform as practicable and shall be subject to ern Mariana Islands, and any possession of the member is entitled under section 435(a)(2) of title approval by the Secretary of Defense.’’. United States.’’. (c) EFFECTIVE DATE.—The amendments made 37 and any other compensation to which the (2) The table of sections at the beginning of by this section apply to orders to make a change member may be entitled.’’. such chapter is amended by adding at the end the following new item: of permanent station to a nonforeign area out- SEC. 554. AUTHORITY FOR USE OF VOLUNTEERS side the continental United States (as such term AS PROCTORS FOR ADMINISTRATION ‘‘709. Voluntary transfers of leave.’’. is defined in subsection (h)(3) of section 2634 of OF ARMED SERVICES VOCATIONAL (b) DEADLINE FOR IMPLEMENTING REGULA- APTITUDE BATTERY TEST. title 10, United States Code, as added by sub- TIONS.—Regulations to implement section 709 of Section 1588(a) of title 10, United States Code, section (b)) that are issued on or after the date title 10, United States Code, as added by sub- of the enactment of this Act. is amended by adding at the end the following section (a), shall be prescribed not later than six new paragraph: months after the date of the enactment of this Subtitle H—Military Justice Matters ‘‘(6) Voluntary services as a proctor for ad- Act. SEC. 571. RIGHT OF CONVICTED ACCUSED TO RE- ministration to secondary school students of the QUEST SENTENCING BY MILITARY SEC. 562. ENHANCED FLEXIBILITY IN MEDICAL JUDGE. test known as the ‘Armed Services Vocational LOAN REPAYMENT PROGRAM. Aptitude Battery’.’’. (a) SENTENCING BY JUDGE.—(1) Chapter 47 of (a) ELIGIBLE PERSONS.—Subsection (d) of sec- SEC. 555. ANNUAL REPORT ON STATUS OF FE- tion 2173 of title 10, United States Code, is title 10, United States Code (the Uniform Code MALE MEMBERS OF THE ARMED amended by striking ‘‘Participants’’ and all that of Military Justice), is amended by inserting FORCES. follows through ‘‘and students’’ and inserting after section 852 (article 52) the following new (a) IN GENERAL.—Chapter 23 of title 10, ‘‘Students’’. section: United States Code, is amended by adding at the (b) LOAN REPAYMENT AMOUNTS.—Subsection ‘‘§ 852a. Art. 52a. Right of accused to request end the following new section: (e)(2) of such section is amended by striking the sentencing by military judge rather than by ‘‘§ 488. Status of female members of the armed last sentence. members forces: annual report SEC. 563. EXPANSION OF OVERSEAS TOUR EXTEN- ‘‘(a) In the case of an accused convicted of an ‘‘(a) ANNUAL REPORT.—The Secretary of De- SION BENEFITS. offense by a court-martial composed of a mili- fense shall submit to Congress an annual report Section 705(b)(2) of title 10, United States tary judge and members, the sentence shall be on the status of female members of the armed Code, is amended— tried before and adjudged by the military judge

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2297

rather than the members if, after the findings (b) EFFECTIVE DATE.—Section 852a of title 10, (2) a recommendation as to whether such a are announced and before evidence in the sen- United States Code (article 52a of the Uniform consolidation is desirable and feasible; and tencing proceeding is introduced, the accused, Code of Military Justice), as added by sub- (3) any proposal for legislative action that the knowing the identity of the military judge and section (a), shall apply with respect to offenses Secretary considers appropriate for carrying out after consultation with defense counsel, requests committed on or after January 1, 2003. such a consolidation. orally on the record or in writing that the sen- SEC. 572. REPORT ON DESIRABILITY AND FEASI- TITLE VI—COMPENSATION AND OTHER tence be tried before and adjudged by the mili- BILITY OF CONSOLIDATING SEPA- PERSONNEL BENEFITS tary judge rather than the members. RATE COURSES OF BASIC INSTRUC- Subtitle A—Pay and Allowances TION FOR JUDGE ADVOCATES. ‘‘(b) This section shall not apply with respect SEC. 601. INCREASE IN BASIC PAY FOR FISCAL to an offense for which the death penalty may Not later than February 1, 2003, the Secretary YEAR 2003. be adjudged unless the case has been previously of Defense shall submit to the Committee on (a) WAIVER OF SECTION 1009 ADJUSTMENT.— referred to trial as a noncapital case.’’. Armed Services of the Senate and the Committee The adjustment to become effective during fiscal on Armed Services of the House of Representa- year 2003 required by section 1009 of title 37, (2) The table of sections at the beginning of tives a report on the desirability and feasibility subchapter VII of such chapter is amended by United States Code, in the rates of monthly of consolidating the separate Army, Navy, and basic pay authorized members of the uniformed inserting after the item relating to section 852 Air Force courses of basic instruction for judge (article 52) the following new item: services shall not be made. advocates into a single course to be conducted (b) INCREASE IN BASIC PAY.—Effective on Jan- ‘‘852a. 52a. Right of accused to request sen- at a single location. The report shall include— uary 1, 2003, the rates of monthly basic pay for tencing by military judge rather (1) an assessment of the advantages and dis- members of the uniformed services within each than by members.’’. advantages of such a consolidation; pay grade are as follows:

COMMISSIONED OFFICERS 1 Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–10 2 ...... $0.00 $0.00 $0.00 $0.00 $0.00 O–9 ...... 0.00 0.00 0.00 0.00 0.00 O–8 ...... 7,474.50 7,719.30 7,881.60 7,927.20 8,129.40 O–7 ...... 6,210.90 6,499.20 6,633.00 6,739.20 6,930.90 O–6 ...... 4,603.20 5,057.10 5,388.90 5,388.90 5,409.60 O–5 ...... 3,837.60 4,323.00 4,622.40 4,678.50 4,864.80 O–4 ...... 3,311.10 3,832.80 4,088.70 4,145.70 4,383.00 O–3 3 ...... 2,911.20 3,300.30 3,562.20 3,883.50 4,069.50 O–2 3 ...... 2,515.20 2,864.70 3,299.40 3,410.70 3,481.20 O–1 3 ...... 2,183.70 2,272.50 2,746.80 2,746.80 2,746.80

Over 8 Over 10 Over 12 Over 14 Over 16

O–10 2 ...... $0.00 $0.00 $0.00 $0.00 $0.00 O–9 ...... 0.00 0.00 0.00 0.00 0.00 O–8 ...... 8,468.70 8,547.30 8,868.90 8,961.30 9,238.20 O–7 ...... 7,120.80 7,340.40 7,559.40 7,779.00 8,468.70 O–6 ...... 5,641.20 5,672.10 5,672.10 5,994.60 6,564.30 O–5 ...... 4,977.00 5,222.70 5,403.00 5,635.50 5,991.90 O–4 ...... 4,637.70 4,954.50 5,201.40 5,372.70 5,471.10 O–3 3 ...... 4,273.50 4,405.80 4,623.30 4,736.10 4,736.10 O–2 3 ...... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20 O–1 3 ...... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80

Over 18 Over 20 Over 22 Over 24 Over 26

O–10 2 ...... $0.00 $12,077.70 $12,137.10 $12,389.40 $12,829.20 O–9 ...... 0.00 10,563.60 10,715.70 10,935.60 11,319.60 O–8 ...... 9,639.00 10,008.90 10,255.80 10,255.80 10,255.80 O–7 ...... 9,051.30 9,051.30 9,051.30 9,051.30 9,096.90 O–6 ...... 6,898.80 7,233.30 7,423.50 7,616.10 7,989.90 O–5 ...... 6,161.70 6,329.10 6,519.60 6,519.60 6,519.60 O–4 ...... 5,528.40 5,528.40 5,528.40 5,528.40 5,528.40 O–3 3 ...... 4,736.10 4,736.10 4,736.10 4,736.10 4,736.10 O–2 3 ...... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20 O–1 3 ...... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80 1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned officers in pay grades 0–7 through O–10 may not exceed the rate of pay for level III of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, the rate of basic pay for this grade is $14,155.50, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have been credited with over 4 years of active duty service as an enlisted member or warrant officer. COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E ...... $0.00 $0.00 $0.00 $3,883.50 $4,069.50 O–2E ...... 0.00 0.00 0.00 3,410.70 3,481.20 O–1E ...... 0.00 0.00 0.00 2,746.80 2,933.70

Over 8 Over 10 Over 12 Over 14 Over 16

O–3E ...... $4,273.50 $4,405.80 $4,623.30 $4,806.30 $4,911.00 O–2E ...... 3,591.90 3,778.80 3,923.40 4,031.10 4,031.10 O–1E ...... 3,042.00 3,152.70 3,261.60 3,410.70 3,410.70

Over 18 Over 20 Over 22 Over 24 Over 26

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 H2298 CONGRESSIONAL RECORD — HOUSE May 9, 2002 COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E ...... $5,054.40 $5,054.40 $5,054.40 $5,054.40 $5,054.40 O–2E ...... 4,031.10 4,031.10 4,031.10 4,031.10 4,031.10 O–1E ...... 3,410.70 3,410.70 3,410.70 3,410.70 3,410.70

WARRANT OFFICERS 1 Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–5 ...... $0.00 $0.00 $0.00 $0.00 $0.00 W–4 ...... 3,008.10 3,236.10 3,329.10 3,420.60 3,578.10 W–3 ...... 2,747.10 2,862.00 2,979.30 3,017.70 3,141.00 W–2 ...... 2,416.50 2,554.50 2,675.10 2,763.00 2,838.30 W–1 ...... 2,133.90 2,308.50 2,425.50 2,501.10 2,662.50

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 ...... $0.00 $0.00 $0.00 $0.00 $0.00 W–4 ...... 3,733.50 3,891.00 4,044.60 4,203.60 4,356.00 W–3 ...... 3,281.70 3,467.40 3,580.50 3,771.90 3,915.60 W–2 ...... 2,993.10 3,148.50 3,264.00 3,376.50 3,453.90 W–1 ...... 2,782.20 2,888.40 3,006.90 3,085.20 3,203.40

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 ...... $0.00 $5,169.30 $5,346.60 $5,524.50 $5,703.30 W–4 ...... 4,512.00 4,664.40 4,822.50 4,978.20 5,137.50 W–3 ...... 4,058.40 4,201.50 4,266.30 4,407.00 4,548.00 W–2 ...... 3,579.90 3,705.90 3,831.00 3,957.30 3,957.30 W–1 ...... 3,320.70 3,409.50 3,409.50 3,409.50 3,409.50

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant officers may not exceed the rate of pay for level V of the Executive Schedule.

ENLISTED MEMBERS 1 Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–9 2 ...... $0.00 $0.00 $0.00 $0.00 $0.00 E–8 ...... 0.00 0.00 0.00 0.00 0.00 E–7 ...... 2,068.50 2,257.80 2,343.90 2,428.20 2,516.40 E–6 ...... 1,770.60 1,947.60 2,033.70 2,117.10 2,204.10 E–5 ...... 1,625.40 1,733.70 1,817.40 1,903.50 2,037.00 E–4 ...... 1,502.70 1,579.80 1,665.30 1,749.30 1,824.00 E–3 ...... 1,356.90 1,442.10 1,528.80 1,528.80 1,528.80 E–2 ...... 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00 E–1 ...... 3 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80

Over 8 Over 10 Over 12 Over 14 Over 16

E–9 2 ...... $0.00 $3,564.30 $3,645.00 $3,747.00 $3,867.00 E–8 ...... 2,975.40 3,061.20 3,141.30 3,237.60 3,342.00 E–7 ...... 2,667.90 2,753.40 2,838.30 2,990.40 3,066.30 E–6 ...... 2,400.90 2,477.40 2,562.30 2,636.70 2,663.10 E–5 ...... 2,151.90 2,236.80 2,283.30 2,283.30 2,283.30 E–4 ...... 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00 E–3 ...... 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80 E–2 ...... 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00 E–1 ...... 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80

Over 18 Over 20 Over 22 Over 24 Over 26

E–9 2 ...... $3,987.30 $4,180.80 $4,344.30 $4,506.30 $4,757.40 E–8 ...... 3,530.10 3,625.50 3,787.50 3,877.50 4,099.20 E–7 ...... 3,138.60 3,182.70 3,331.50 3,427.80 3,671.40 E–6 ...... 2,709.60 2,709.60 2,709.60 2,709.60 2,709.60 E–5 ...... 2,283.30 2,283.30 2,283.30 2,283.30 2,283.30 E–4 ...... 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00 E–3 ...... 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80 E–2 ...... 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00 E–1 ...... 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $5,732.70, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 In the case of members in pay grade E–1 who have served less than 4 months on active duty, the rate of basic pay is $1,064.70.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2299 SEC. 602. EXPANSION OF BASIC ALLOWANCE FOR Code, is amended by striking ‘‘December 31, (3) by adding at the end the following new HOUSING LOW-COST OR NO-COST 2002’’ and inserting ‘‘December 31, 2003’’. paragraph: MOVES AUTHORITY TO MEMBERS AS- (b) NUCLEAR CAREER ACCESSION BONUS.—Sec- ‘‘(2) The limitations in paragraph (1) do not SIGNED TO DUTY OUTSIDE UNITED tion 312b(c) of such title is amended by striking apply with respect to an officer who is assigned STATES. ‘‘December 31, 2002’’ and inserting ‘‘December duties as a health care provider during the pe- Section 403(c) of title 37, United States Code, 31, 2003’’. riod of active duty for which the bonus is being is amended by adding at the end the following (c) NUCLEAR CAREER ANNUAL INCENTIVE offered.’’. new paragraph: BONUS.—Section 312c(d) of such title is amended ‘‘(4) In the case of a member who is assigned Subtitle C—Travel and Transportation by striking ‘‘December 31, 2002’’ and inserting to duty outside of the United States, the loca- Allowances ‘‘December 31, 2003’’. tion or the circumstances of which make it nec- SEC. 631. EXTENSION OF LEAVE TRAVEL DEFER- essary that the member be reassigned under the SEC. 614. ONE-YEAR EXTENSION OF OTHER RAL PERIOD FOR MEMBERS PER- BONUS AND SPECIAL PAY AUTHORI- conditions of low-cost or no-cost permanent FORMING CONSECUTIVE OVERSEAS TIES. TOURS OF DUTY. change of station or permanent change of as- (a) AVIATION OFFICER RETENTION BONUS.— signment, the member may be treated as if the (a) AUTHORIZED DEFERRAL PERIOD.—Section Section 301b(a) of title 37, United States Code, is 411b of title 37, United States Code is amended member were not reassigned if the Secretary amended by striking ‘‘December 31, 2002’’ and concerned determines that it would be inequi- by inserting after subsection (a) the following inserting ‘‘December 31, 2003’’. new subsection: table to base the member’s entitlement to, and (b) REENLISTMENT BONUS FOR ACTIVE MEM- ‘‘(b) AUTHORITY TO DEFER TRAVEL; LIMITA- amount of, a basic allowance for housing on the BERS.—Section 308(g) of such title is amended by TIONS.—(1) Under the regulations referred to cost of housing in the area to which the member striking ‘‘December 31, 2002’’ and inserting ‘‘De- is reassigned.’’. subsection (a), a member may defer the travel cember 31, 2003’’. for which the member is paid travel and trans- (c) ENLISTMENT BONUS FOR ACTIVE MEM- Subtitle B—Bonuses and Special and portation allowances under this section until BERS.—Section 309(e) of such title is amended by Incentive Pays anytime before the completion of the consecutive striking ‘‘December 31, 2002’’ and inserting ‘‘De- SEC. 611. ONE-YEAR EXTENSION OF CERTAIN tour at the same duty station or the completion cember 31, 2003’’. BONUS AND SPECIAL PAY AUTHORI- of the tour of duty at the new duty station (d) RETENTION BONUS FOR MEMBERS WITH TIES FOR RESERVE FORCES. under the order involved, as the case may be. CRITICAL MILITARY SKILLS.—Section 323(i) of (a) SELECTED RESERVE REENLISTMENT ‘‘(2) If a member is unable to undertake the such title is amended by striking ‘‘December 31, BONUS.—Section 308b(f ) of title 37, United travel before expiration of the deferral period 2002’’ and inserting ‘‘December 31, 2003’’. States Code, is amended by striking ‘‘December under paragraph (1) because of duty in connec- (e) ACCESSION BONUS FOR NEW OFFICERS IN 31, 2002’’ and inserting ‘‘December 31, 2003’’. tion with a contingency operation, the member CRITICAL SKILLS.—Section 324(g) of such title is (b) SELECTED RESERVE ENLISTMENT BONUS.— may defer the travel until not more than one Section 308c(e) of such title is amended by strik- amended by striking ‘‘December 31, 2002’’ and inserting ‘‘December 31, 2003’’. year after the date on which the member’s duty ing ‘‘December 31, 2002’’ and inserting ‘‘Decem- in connection with the contingency operation ber 31, 2003’’. SEC. 615. MINIMUM LEVELS OF HARDSHIP DUTY ends.’’. PECIAL AY FOR NLISTED EMBERS S PAY FOR DUTY ON THE GROUND IN (c) S P E M A - (b) CONFORMING AND CLERICAL AMEND- SIGNED TO ERTAIN IGH RIORITY NITS ANTARCTICA OR ON ARCTIC ICE- C H P U .—Sec- MENTS.—Such section is further amended— tion 308d(c) of such title is amended by striking PACK. Section 305 of title 37, United States Code, is (1) in subsection (a)— ‘‘December 31, 2002’’ and inserting ‘‘December (A) by striking ‘‘(a)(1)’’ and inserting ‘‘(a) AL- 31, 2003’’. amended— (1) by redesignating subsection (b) as sub- LOWANCES AUTHORIZED.—’’; and (d) SELECTED RESERVE AFFILIATION BONUS.— section (c); and (B) by striking paragraph (2); and Section 308e(e) of such title is amended by strik- (2) by inserting after subsection (a), the fol- (2) by striking ‘‘(b) The allowances’’ and in- ing ‘‘December 31, 2002’’ and inserting ‘‘Decem- lowing new subsection: serting ‘‘(c) LIMITATION ON ALLOWANCE RATE.— ber 31, 2003’’. ‘‘(b) DUTY IN CERTAIN LOCATIONS.—(1) In the ’’. EADY RESERVE ENLISTMENT AND REEN- (e) R case of duty at a location described in para- (c) APPLICATION OF AMENDMENT.—Subsection LISTMENT BONUS.—Section 308h(g) of such title graph (2) at any time during a month, the mem- (b) of section 411b of title 37, United States is amended by striking ‘‘December 31, 2002’’ and ber of a uniformed service performing that duty Code, as added by subsection (a), shall apply inserting ‘‘December 31, 2003’’. is entitled to special pay under this section at a with respect to members of the uniformed serv- (f) PRIOR SERVICE ENLISTMENT BONUS.—Sec- monthly rate of not less than $240, but not to ex- ices in a deferred leave travel status under such tion 308i(f ) of such title is amended by striking ceed the monthly rate specified in subsection section as of the date of the enactment of this ‘‘December 31, 2002’’ and inserting ‘‘December (a). For each day of that duty during the Act or after that date. 31, 2003’’. month, the member shall receive an amount Subtitle D—Retired Pay and Survivors SEC. 612. ONE-YEAR EXTENSION OF CERTAIN equal to 1⁄30 of the monthly rate prescribed Benefits BONUS AND SPECIAL PAY AUTHORI- under this subsection. TIES FOR CERTAIN HEALTH CARE SEC. 641. PHASE-IN OF FULL CONCURRENT RE- PROFESSIONALS. ‘‘(2) Paragraph (1) applies with respect to CEIPT OF MILITARY RETIRED PAY duty performed on the ground in Antarctica or (a) NURSE OFFICER CANDIDATE ACCESSION AND VETERANS DISABILITY COM- on the Arctic icepack.’’. PENSATION FOR MILITARY RETIR- PROGRAM.—Section 2130a(a)(1) of title 10, SEC. 616. INCREASE IN MAXIMUM RATES FOR EES WITH DISABILITIES RATED AT 60 United States Code, is amended by striking ‘‘De- PERCENT OR HIGHER. cember 31, 2002’’ and inserting ‘‘December 31, PRIOR SERVICE ENLISTMENT BONUS. (a) CONCURRENT RECEIPT.—Section 1414 of 2003’’. Section 308i(b)(1) of title 37, United States title 10, United States Code, is amended to read (b) REPAYMENT OF EDUCATION LOANS FOR Code, is amended— as follows: CERTAIN HEALTH PROFESSIONALS WHO SERVE IN (1) in subparagraph (A), by striking ‘‘$5,000’’ ‘‘§ 1414. Members eligible for retired pay who THE SELECTED RESERVE.—Section 16302(d) of and inserting ‘‘$8,000’’; such title is amended by striking ‘‘January 1, have service-connected disabilities rated at (2) in subparagraph (B), by striking ‘‘$2,500’’ 60 percent or higher: concurrent payment of 2003’’ and inserting ‘‘January 1, 2004’’. and inserting ‘‘$4,000’’; and (c) ACCESSION BONUS FOR REGISTERED retired pay and veterans’ disability com- (3) in subparagraph (C), by striking ‘‘$2,000’’ pensation NURSES.—Section 302d(a)(1) of title 37, United and inserting ‘‘$3,500’’. States Code, is amended by striking ‘‘December ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND SEC. 617. RETENTION INCENTIVES FOR HEALTH 31, 2002’’ and inserting ‘‘December 31, 2003’’. CARE PROVIDERS QUALIFIED IN A COMPENSATION.—Subject to subsection (b), a (d) INCENTIVE SPECIAL PAY FOR NURSE ANES- CRITICAL MILITARY SKILL. member or former member of the uniformed serv- THETISTS.—Section 302e(a)(1) of such title is (a) EXCEPTION TO LIMITATION ON MAXIMUM ices who is entitled for any month to retired pay amended by striking ‘‘December 31, 2002’’ and BONUS AMOUNT.—Subsection (d) of section 323 and who is also entitled for that month to vet- inserting ‘‘December 31, 2003’’. of title 37, United States Code, is amended— erans’ disability compensation for a qualifying (e) SPECIAL PAY FOR SELECTED RESERVE (1) by inserting ‘‘(1)’’ before ‘‘A member’’; and service-connected disability (hereinafter in this HEALTH PROFESSIONALS IN CRITICALLY SHORT (2) by adding at the end the following new section referred to as a ‘qualified retiree’) is en- WARTIME SPECIALTIES.—Section 302g(f ) of such paragraph: titled to be paid both for that month without re- title is amended by striking ‘‘December 31, 2002’’ ‘‘(2) The limitation in paragraph (1) on the gard to sections 5304 and 5305 of title 38. For fis- and inserting ‘‘December 31, 2003’’. total bonus payments that a member may receive cal years 2003 through 2006, payment of retired (f) ACCESSION BONUS FOR DENTAL OFFICERS.— under this section does not apply with respect to pay to such a member or former member is sub- Section 302h(a)(1) of such title is amended by an officer who is assigned duties as a health ject to subsection (c). striking ‘‘December 31, 2002’’ and inserting ‘‘De- care provider.’’. ‘‘(b) SPECIAL RULES FOR CHAPTER 61 DIS- cember 31, 2003’’. (b) EXCEPTION TO YEARS OF SERVICE LIMITA- ABILITY RETIREES.— SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY TION.—Subsection (e) of such section is amend- ‘‘(1) CAREER RETIREES.—The retired pay of a AND BONUS AUTHORITIES FOR NU- ed— member retired under chapter 61 of this title CLEAR OFFICERS. (1) by redesignating paragraphs (1) and (2) as with 20 years or more of service otherwise cred- (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OF- subparagraphs (A) and (B), respectively; itable under section 1405 of this title at the time FICERS EXTENDING PERIOD OF ACTIVE SERV- (2) by inserting ‘‘(1)’’ before ‘‘A retention’’; of the member’s retirement is subject to reduc- ICE.—Section 312(e) of title 37, United States and tion under sections 5304 and 5305 of title 38, but

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 H2300 CONGRESSIONAL RECORD — HOUSE May 9, 2002 only to the extent that the amount of the mem- ‘‘(A) a disability, or combination of disabil- Such single level percentages shall be used for ber’s retired pay under chapter 61 of this title ities, that is rated as total under the standard the purposes of subsection (b)(3).’’. exceeds the amount of retired pay to which the schedule of rating disabilities in use by the De- (3) Section 1466(b) of such title is amended— member would have been entitled under any partment of Veterans Affairs; or (A) in paragraph (1), by striking ‘‘sections other provision of law based upon the member’s ‘‘(B) a disability, or combination of disabil- 1465(a) and 1465(c)’’ and inserting ‘‘sections service in the uniformed services if the member ities, for which the scheduled rating is less than 1465(a), 1465(b)(3), 1465(c)(2), and 1465(c)(3)’’; had not been retired under chapter 61 of this total but for which a rating of total is assigned and title. by reason of inability of the disabled person (B) by adding at the end of paragraph (2) the ‘‘(2) DISABILITY RETIREES WITH LESS THAN 20 concerned to secure or follow a substantially following new subparagraph: YEARS OF SERVICE.—Subsection (a) does not gainful occupation as a result of service-con- ‘‘(D) The amount for that year determined by apply to a member retired under chapter 61 of nected disabilities. the Secretary of Defense under section 1465(b)(3) this title with less than 20 years of service other- ‘‘(6) CURRENT BASELINE OFFSET.— of this title for the cost to the Fund arising from wise creditable under section 1405 of this title at ‘‘(A) IN GENERAL.—The term ‘current baseline increased amounts payable from the Fund by the time of the member’s retirement. offset’ for any qualified retiree means the reason of section 1414 of this title.’’. (d) CLERICAL AMENDMENTS.—The table of sec- ‘‘(c) PHASE-IN OF FULL CONCURRENT RE- amount for any month that is the lesser of— tions at the beginning of chapter 71 of such title CEIPT.—For fiscal years 2003 through 2006, re- ‘‘(i) the amount of the applicable monthly re- is amended— tired pay payable to a qualified retiree shall be tired pay of the qualified retiree for that month; and (1) by striking the item relating to section determined as follows: 1413; and ‘‘(1) FISCAL YEAR 2003.—For a month during ‘‘(ii) the amount of monthly veterans’ dis- ability compensation to which the qualified re- (2) by striking the item relating to section 1414 fiscal year 2003, the amount of retired pay pay- and inserting the following: able to a qualified retiree is the amount (if any) tiree is entitled for that month. ‘‘1414. Members eligible for retired pay who have of retired pay in excess of the current baseline ‘‘(B) APPLICABLE RETIRED PAY.—In subpara- service-connected disabilities offset plus the following: graph (A), the term ‘applicable retired pay’ for ‘‘(A) For a month for which the retiree re- a qualified retiree means the amount of monthly rated at 60 percent or higher: con- ceives veterans’ disability compensation for a retired pay to which the qualified retiree is enti- current payment of retired pay qualifying service-connected disability rated as tled, determined without regard to this section and veterans’ disability com- total, $750. or sections 5304 and 5305 of title 38), except that pensation.’’. ‘‘(B) For a month for which the retiree re- in the case of such a retiree who was retired (e) EFFECTIVE DATE.—The amendments made ceives veterans’ disability compensation for a under chapter 61 of this title, such amount is by this section shall apply with respect to re- tired pay payable for months after September qualifying service-connected disability rated as the amount of retired pay to which the member 2002. 90 percent, $500. would have been entitled under any other provi- ‘‘(C) For a month for which the retiree re- sion of law based upon the member’s service in SEC. 642. CHANGE IN SERVICE REQUIREMENTS ceives veterans’ disability compensation for a the uniformed services if the member had not FOR ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE. qualifying service-connected disability rated as been retired under chapter 61 of this title.’’. (a) REDUCTION IN REQUIREMENT FOR YEARS OF 80 percent, $250. (b) REPEAL OF SPECIAL COMPENSATION AU- RESERVE COMPONENT SERVICE BEFORE RETIRED ‘‘(D) For a month for which the retiree re- THORITY.—Section 1413 of title 10, United States Code, is repealed. PAY ELIGIBILITY.—Section 12731(a)(3) of title 10, ceives veterans’ disability compensation for a United States Code, is amended by striking qualifying service-connected disability rated as (c) PAYMENT OF INCREASED RETIRED PAY COSTS DUE TO CONCURRENT RECEIPT.—(1) Sec- ‘‘eight years’’ and inserting ‘‘six years’’. 70 percent, $250. FFECTIVE DATE.—The amendment made tion 1465(b) of such title is amended by adding (b) E ‘‘(E) For a month for which the retiree re- by subsection (a) shall take effect on October 1, at the end the following new paragraph: ceives veterans’ disability compensation for a 2002. qualifying service-connected disability rated as ‘‘(3) At the same time that the Secretary of SEC. 643. ELIMINATION OF POSSIBLE INVERSION 60 percent, $125. Defense makes the determination required by paragraph (1) for any fiscal year, the Secretary IN RETIRED PAY COST-OF-LIVING AD- ‘‘(2) FISCAL YEAR 2004.—For a month during JUSTMENT FOR INITIAL COLA COM- fiscal year 2004, the amount of retired pay pay- shall determine the amount of the Treasury con- PUTATION. able to a qualified retiree is the sum of— tribution to be made to the Fund for the next (a) ELIMINATION OF POSSIBLE COLA INVER- ‘‘(A) the amount specified in paragraph (1) for fiscal year under section 1466(b)(2)(D) of this SION.—Section 1401a of title 10, United States that qualified retiree; and title. That amount shall be determined in the Code, is amended— ‘‘(B) 23 percent of the difference between (i) same manner as the determination under para- (1) in subsections (c)(1), (d), and (e), by insert- the current baseline offset, and (ii) the amount graph (1) of the total amount of Department of ing ‘‘but subject to subsection (f)(2)’’ after ‘‘Not- specified in paragraph (1) for that member’s dis- Defense contributions to be made to the Fund withstanding subsection (b)’’; ability. during that fiscal year under section 1466(a) of (2) in subsection (c)(2), by inserting ‘‘(subject ‘‘(3) FISCAL YEAR 2005.—For a month during this title, except that for purposes of this para- to subsection (f)(2) as applied to other members fiscal year 2005, the amount of retired pay pay- graph the Secretary, in making the calculations whose retired pay is computed on the current able to a qualified retiree is the sum of— required by subparagraphs (A) and (B) of that rates of basic pay in the most recent adjustment ‘‘(A) the amount determined under paragraph paragraph, shall use the single level percentages under this section)’’ after ‘‘shall be increased’’; (2) for that qualified retiree; and determined under subsection (c)(4), rather than and ‘‘(B) 30 percent of the difference between (i) those determined under subsection (c)(1).’’. (3) in subsection (f)— the current baseline offset, and (ii) the amount (2) Section 1465(c) of such title is amended— (A) by designating the text after the sub- determined under paragraph (2) for that quali- (A) in paragraph (1)— section heading as paragraph (1), indenting fied retiree. (i) in subparagraph (A), by inserting before that text two ems, and inserting ‘‘(1) PREVEN- ‘‘(4) FISCAL YEAR 2006.—For a month during the semicolon at the end the following: ‘‘, to be TION OF RETIRED PAY INVERSIONS.—’’ before fiscal year 2006, the amount of retired pay pay- determined without regard to section 1414 of this ‘‘Notwithstanding’’; and able to a qualified retiree is the sum of— title’’; (2) by adding at the end the following new ‘‘(A) the amount determined under paragraph (ii) in subparagraph (B), by inserting before paragraph: (3) for that qualified retiree; and the period at the end the following: ‘‘, to be de- ‘‘(2) PREVENTION OF COLA INVERSIONS.—The ‘‘(B) 64 percent of the difference between (i) termined without regard to section 1414 of this percentage of the first adjustment under this the current baseline offset, and (ii) the amount title’’; and section in the retired pay of any person, as de- determined under paragraph (3) for that quali- (iii) in the sentence following subparagraph termined under subsection (c)(1), (c)(2), (d), or fied retiree. (B), by striking ‘‘subsection (b)’’ and inserting (e), may not exceed the percentage increase in ‘‘(d) DEFINITIONS.—In this section: ‘‘subsection (b)(1)’’; retired pay determined under subsection (b)(2) ‘‘(1) RETIRED PAY.—The term ‘retired pay’ in- (B) by redesignating paragraph (4) as para- that is effective on the same date as the effective cludes retainer pay, emergency officers’ retire- graph (5); and date of such first adjustment.’’. ment pay, and naval pension. (C) by inserting after paragraph (3) the fol- (b) TECHNICAL AMENDMENTS.—Such section is ‘‘(2) VETERANS’ DISABILITY COMPENSATION.— lowing new paragraph (4): further amended— The term ‘veterans’ disability compensation’ has ‘‘(4) Whenever the Secretary carries out an (1) in subsection (d), by inserting ‘‘or on or the meaning given the term ‘compensation’ in actuarial valuation under paragraph (1), the after August 1, 1986, if the member or former section 101(13) of title 38. Secretary shall include as part of such valu- member did not elect to receive a bonus under ‘‘(3) SERVICE-CONNECTED.—The term ‘service- ation the following: section 322 of title 37’’ after ‘‘August 1, 1986,’’; connected’ has the meaning given that term in ‘‘(A) A determination of a single level percent- and section 101(16) of title 38. age determined in the same manner as applies (2) in subsection (e), by inserting ‘‘and elected ‘‘(4) QUALIFYING SERVICE-CONNECTED DIS- under subparagraph (A) of paragraph (1), but to receive a bonus under section 322 of title 37’’ ABILITY.—The term ‘qualifying service-con- based only upon the provisions of section 1414 of after ‘‘August 1, 1986,’’. nected disability’ means a service-connected dis- this title. SEC. 644. TECHNICAL REVISIONS TO SO-CALLED ability or combination of service-connected dis- ‘‘(B) A determination of a single level percent- ‘‘FORGOTTEN WIDOWS’’ ANNUITY abilities that is rated as not less than 60 percent age determined in the same manner as applies PROGRAM. disabling by the Secretary of Veterans Affairs. under subparagraph (B) of paragraph (1), but (a) CLARIFICATION OF ELIGIBILITY.—Sub- ‘‘(5) DISABILITY RATED AS TOTAL.—The term based only upon the provisions of section 1414 of section (a)(1) of section 644 of the National De- ‘disability rated as total’ means— this title. fense Authorization Act for Fiscal Year 1998

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2301

(Public Law 105–85; 10 U.S.C. 1448 note) is (4) Section 411b(a) is amended by striking ‘‘the (b) EFFECTIVE DATE.—The amendments made amended— 48 contiguous States and the District of Colum- by subsection (a) shall take effect October 1, (1) in subparagraph (A), by inserting after bia’’ both places it appears and inserting ‘‘the 2002. ‘‘(A)’’ the following: ‘‘became entitled to retired continental United States’’. SEC. 703. ENABLING DEPENDENTS OF CERTAIN or retainer pay before September 21, 1972,’’; and (5) Section 411d is amended by striking sub- MEMBERS WHO DIED WHILE ON AC- (2) in subparagraph (B), by striking ‘‘was a section (d). TIVE DUTY TO ENROLL IN THE member of a reserve component of the Armed (6) Section 430 is amended by striking sub- TRICARE DENTAL PROGRAM. Forces’’ and inserting ‘‘died’’. section (f) and inserting the following new sub- Section 1076a(k)(2) of title 10, United States (b) CLARIFICATION OF INTERACTION WITH section (f): Code, is amended by inserting ‘‘(or, if not en- OTHER BENEFITS.—(1) Subsection (a)(2) of such ‘‘(f) DEFINITIONS.—In this section: rolled, if the member discontinued participation section is amended by striking ‘‘and who’’ and ‘‘(1) The term ‘formal education’ means the under subsection (f))’’ after ‘‘subsection (a)’’. all that follows through ‘‘note)’’. following: SEC. 704. IMPROVEMENTS REGARDING THE DE- (2) Subsection (b)(2) of such section is amend- ‘‘(A) A secondary education. PARTMENT OF DEFENSE MEDICARE- ed to read as follows: ‘‘(B) An undergraduate college education. ELIGIBLE RETIREE HEALTH CARE ‘‘(2) The amount of an annuity to which a ‘‘(C) A graduate education pursued on a full- FUND. surviving spouse is entitled under this section time basis at an institution of higher education. (a) SOURCE OF FUNDS FOR MONTHLY ACCRUAL for any period shall be reduced (but not below ‘‘(D) Vocational education pursued on a full- PAYMENTS INTO THE FUND.—Section 1116(c) of zero) by any amount paid to that surviving time basis at a postsecondary vocational institu- title 10, United States Code, is amended to read spouse for the same period under any of the fol- tion. as follows: lowing provisions of law: ‘‘(2) The term ‘institution of higher education’ ‘‘(c) Amounts paid into the Fund under sub- ‘‘(A) Section 1311(a) of title 38, United States has the meaning given that term in section 101 section (a) shall be paid from funds available for Code (relating to dependency and indemnity of the Higher Education Act of 1965 (20 U.S.C. the pay of members of the participating uni- compensation payable by the Secretary of Vet- 1001). formed services under the jurisdiction of the re- erans Affairs). ‘‘(3) The term ‘postsecondary vocational insti- spective administering Secretaries.’’. ‘‘(B) Chapter 73 of title 10, United States tution’ has the meaning given that term in sec- (b) MANDATORY PARTICIPATION OF OTHER Code. tion 102(c) of the Higher Education Act of 1965 UNIFORMED SERVICES.—Section 1111(c) of such ‘‘(C) Section 4 of Public Law 92–425 (10 U.S.C. (20 U.S.C. 1002(c)).’’. title is amended— 1448 note).’’. TITLE VII—HEALTH CARE MATTERS (1) in the first sentence, by striking ‘‘may (c) CLARIFICATION OF DEFINITION OF SUR- enter into an agreement with any other admin- Subtitle A—Health Care Program VIVING SPOUSE.—Subsection (d)(2) of such sec- istering Secretary’’ and inserting ‘‘shall enter tion is amended by striking ‘‘the terms’’ and all Improvements into an agreement with each other admin- that follows through ‘‘and (8)’’ and inserting SEC. 701. ELIMINATION OF REQUIREMENT FOR istering Secretary’’; and ‘‘such term in paragraph (9)’’. TRICARE PREAUTHORIZATION OF IN- (2) in the second sentence, by striking ‘‘Any’’ PATIENT MENTAL HEALTH CARE FOR (d) CLARIFICATION OF EFFECTIVE DATE OF and inserting ‘‘Each’’. MEDICARE-ELIGIBLE BENE- BENEFITS.—Subsection (e) of such section is FICIARIES. SEC. 705. CERTIFICATION OF INSTITUTIONAL amended— AND NON-INSTITUTIONAL PRO- (a) ELIMINATION OF REQUIREMENT.—Section (1) in paragraph (1), by striking ‘‘the month VIDERS UNDER THE TRICARE PRO- 1079(i) of title 10, United States Code, is amend- in which this Act is enacted’’ and inserting GRAM. ed in paragraph (3) by inserting ‘‘or in the case ‘‘November 1997’’; (a) IN GENERAL.—Section 1079 of title 10, of a person eligible for health care benefits (2) in paragraph (2), by striking ‘‘the first United States Code, is amended by adding at the under section 1086(d)(2) of this title for whom month that begins after the month in which this end the following new subsection: payment for such services is made under sub- Act is enacted’’ and inserting ‘‘December 1997’’; ‘‘(q) For purposes of designating institutional section 1086(d)(3) of this title’’ after ‘‘an emer- and and non-institutional health care providers au- gency’’. (3) by adding at the end the following new thorized to provide care under this section, the (b) EFFECTIVE DATE.—The amendment made paragraph: Secretary of Defense shall prescribe regulations by subsection (a) shall take effect October 1, ‘‘(3) In the case of a person entitled to an an- (in consultation with the other administering 2004. nuity under this section who applies for the an- Secretaries) that will, to the extent practicable nuity after the date of the enactment of this SEC. 702. EXPANSION OF TRICARE PRIME RE- and subject to the limitations of subsection (a), paragraph, such annuity shall be paid only for MOTE FOR CERTAIN DEPENDENTS. so designate any provider authorized to provide months beginning after the date on which such (a) EXPANSION OF ELIGIBILITY.—Section care under title XVIII of the Social Security Act application is submitted.’’. 1079(p) of title 10, United States Code, is amend- (42 U.S.C. 1395 et seq.).’’. ed in paragraph (1)— (e) SPECIFICATION IN LAW OF CURRENT BEN- (b) EFFECTIVE DATE.—The amendment made (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; EFIT AMOUNT.—Subsection (b) of such section is by subsection (a) shall take effect October 1, amended— (2) by striking ‘‘referred to in subsection (a) of 2003. (1) in paragraph (1), by striking ‘‘$165’’ and a member of the uniformed services referred to in 1074(c)(3) of this title who are residing with SEC. 706. TECHNICAL CORRECTION REGARDING inserting ‘‘$185.58’’; and TRANSITIONAL HEALTH CARE. the member’’ and inserting ‘‘described in sub- (2) in paragraph (3)— Effective as of December 28, 2001, section paragraph (B)’’; and (A) by striking ‘‘the date of the enactment of 1145(a)(1) of title 10, United States Code, is (3) by adding at the end the following new this Act’’ and inserting ‘‘May 1, 2002,’’; and amended by inserting ‘‘(and the dependents of subparagraph: (B) by striking the last sentence. the member)’’ after ‘‘separated from active duty ‘‘(B) A dependent referred to in subparagraph as described in paragraph (2)’’. The amendment Subtitle E—Reserve Component Montgomery (A) is— made by the preceding sentence shall be deemed GI Bill ‘‘(i) a dependent referred to in subsection (a) to have been enacted as part of section 736 of SEC. 651. EXTENSION OF MONTGOMERY GI BILL- of a member of the uniformed services referred to the National Defense Authorization Act for Fis- SELECTED RESERVE ELIGIBILITY PE- in section 1074(c)(3) of this title, who is residing cal Year 2002 (Public Law 107–107). RIOD. with the member; or Section 16133(a) of title 10, United States ‘‘(ii) a dependent referred to in subsection (a) Subtitle B—Reports Code, is amended by striking ‘‘10-year’’ and in- of a member of the uniformed services with a SEC. 711. COMPTROLLER GENERAL REPORT ON serting ‘‘14-year’’. permanent duty assignment for which the de- TRICARE CLAIMS PROCESSING. Subtitle F—Other Matters pendent is not authorized to accompany the Not later than March 31, 2003, the Comptroller SEC. 661. ADDITION OF DEFINITION OF CONTI- member and one of the following circumstances General shall submit to Congress an evaluation NENTAL UNITED STATES IN TITLE exists: of the continuing impediments to a cost effective 37. ‘‘(I) The dependent continues to reside at the and provider- and beneficiary-friendly system (a) DEFINITION.—Section 101(1) of title 37, location of the former duty assignment of the for claims processing under the TRICARE pro- United States Code, is amended by adding at the member (or residence in the case of a member of gram. The evaluation shall include a discussion end the following new sentence: ‘‘The term ‘con- a reserve component ordered to active duty for of the following: tinental United States’ means the 48 contiguous a period of more than 30 days), and that loca- (1) The extent of progress implementing im- States and the District of Columbia.’’. tion is more than 50 miles, or approximately one provements in claims processing, particularly re- (b) CONFORMING AMENDMENTS.—Title 37, hour of driving time, from the nearest military garding the application of best industry prac- United States Code, is amended as follows: medical treatment facility that can adequately tices. (1) Section 314(a)(3) is amended by striking provide needed health care. (2) The extent of progress in simplifying ‘‘the 48 contiguous States and the District of Co- ‘‘(II) There is no reasonable expectation the claims processing procedures, including the lumbia’’ and inserting ‘‘the continental United member will return to the location of the former elimination of, or reduction in, the complexity of States’’. duty assignment, and the dependent moves to a the Health Care Service Record requirements. (2) Section 403b(i) is amended by striking location that is more than 50 miles, or approxi- (3) The suitability of a medicare-compatible paragraph (6). mately one hour of driving time, from the near- claims processing system with the data require- (3) Section 409 is amended by striking sub- est military medical treatment facility that can ments necessary to administer the TRICARE section (e). adequately provide needed health care.’’. program and related information systems.

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(4) The extent to which the claims processing (b) SUBMISSION TO CONGRESS.—Not later than (ii) in paragraph (2), by striking ‘‘under this system for the TRICARE program impedes pro- February 1, 2003, the Secretary shall submit to section’’. vider participation and beneficiary access. the Committees on Armed Services of the Senate SEC. 804. ONE-YEAR EXTENSION OF PROGRAM AP- (5) Recommendations for improving the claims and the House of Representatives the plan re- PLYING SIMPLIFIED PROCEDURES processing system that will reduce processing quired under subsection (a). TO CERTAIN COMMERCIAL ITEMS; REPORT. and administration costs, create greater com- SEC. 802. EVALUATION OF TRAINING, KNOWL- petition, and improve fraud-prevention activi- EDGE, AND RESOURCES REGARDING (a) EXTENSION OF PILOT PROGRAM.—Section ties. NEGOTIATION OF INTELLECTUAL 4202 of the Clinger-Cohen Act of 1996 (divisions SEC. 712. COMPTROLLER GENERAL REPORT ON PROPERTY ARRANGEMENTS. D and E of Public Law 104–106; 110 Stat. 652; 10 PROVISION OF CARE UNDER THE (a) AVAILABILITY OF TRAINING, KNOWLEDGE, U.S.C. 2304 note) is amended in subsection (e) by TRICARE PROGRAM. AND RESOURCES.—The Secretary of Defense striking ‘‘January 1, 2003’’ and inserting ‘‘Janu- Not later than March 31, 2003, the Comptroller shall evaluate the training, knowledge, and re- ary 1, 2004’’. General shall submit to Congress an evaluation sources needed by the Department of Defense in (b) REPORT REQUIRED.—Not later than Janu- of the nature of, reasons for, extent of, and order to effectively negotiate intellectual prop- ary 15, 2003, the Secretary of Defense shall sub- trends regarding network provider instability erty rights using the principles of the Defense mit to Congress a report on whether the author- under the TRICARE program, and the effective- Federal Acquisition Regulation Supplement and ity to issue solicitations for purchases of com- ness of efforts by the Department of Defense determine whether the Department of Defense mercial items in excess of the simplified acquisi- and managed care support contractors to meas- currently has in place the training, knowledge, tion threshold pursuant to the special simplified ure and mitigate such instability. The evalua- and resources available to meet those Depart- procedures authorized by section 2304(g)(1) of tion shall include a discussion of the following: mental needs. title 10, United States Code, section 303(g)(1) of (1) The adequacy of measurement tools of (b) REPORT.—Not later than February 1, 2003, the Federal Property and Administrative Serv- TRICARE network instability and their use by the Secretary of Defense shall submit to Con- ices Act of 1949, and section 31(a) of the Office the Department of Defense and managed care gress a report describing— of Federal Procurement Policy Act, should be support contractors to assess network adequacy (1) the results of the evaluation performed made permanent. and stability. under subsection (a); SEC. 805. AUTHORITY TO MAKE INFLATION AD- (2) Recommendations for improvements needed (2) to the extent the Department does not have JUSTMENTS TO SIMPLIFIED ACQUI- in measurement tools or their application. adequate training, knowledge, and resources SITION THRESHOLD. (3) The relationship of reimbursement rates available, actions to be taken to improve train- Section 4(11) of the Office of Federal Procure- and administration requirements (including ing and knowledge and to make resources avail- ment Policy Act (41 U.S.C. 403(11)) is amended preauthorization requirements) to TRICARE able to meet the Department’s needs; and by inserting ‘‘, except that such amount may be network instability. (3) the number of Department of Defense legal adjusted by the Administrator every five years (4) The extent of problems under the personnel trained in negotiating intellectual to the amount equal to $100,000 in constant fis- TRICARE program and likely future trends property arrangements. cal year 2002 dollars (rounded to the nearest with and without intervention using existing SEC. 803. LIMITATION PERIOD FOR TASK AND DE- $10,000)’’ before the period at the end. authority. LIVERY ORDER CONTRACTS. SEC. 806. IMPROVEMENT OF PERSONNEL MAN- (5) Use of existing authority by the Depart- Chapter 137 of title 10, United States Code, is AGEMENT POLICIES AND PROCE- ment of Defense and TRICARE managed care amended— DURES APPLICABLE TO THE CIVIL- IAN ACQUISITION WORKFORCE. support contractors to apply higher reimburse- (1) in section 2304a— (a) PLAN REQUIRED.—The Secretary of De- ment rates in specific geographic areas. (A) in subsection (e)— fense shall develop a plan for improving the per- (6) Recommendations for specific fiscally pru- (i) by inserting ‘‘(1)’’ before ‘‘A task’’; and sonnel management policies and procedures ap- dent measures that could mitigate negative (ii) by adding at the end the following new plicable to the Department of Defense civilian trends or improve provider and network sta- paragraphs: acquisition workforce based on the results of the bility. ‘‘(2) Unless use of procedures other than com- petitive procedures is authorized by an excep- demonstration project described in section 4308 SEC. 713. REPEAL OF REPORT REQUIREMENT. tion in subsection (c) of section 2304 of this title of the Clinger–Cohen Act of 1996 (division D of Notwithstanding subsection (f)(2) of section and approved in accordance with subsection (f) Public Law 104–106; 10 U.S.C. 1701 note). 712 of the Floyd D. Spence National Defense of such section, competitive procedures shall be (b) SUBMISSION TO CONGRESS.—Not later than Authorization Act for Fiscal Year 2001 (as en- used for making such a modification. February 15, 2003, the Secretary shall submit to acted into law by Public Law 106-398; 114 Stat. ‘‘(3) Notice regarding the modification shall be Congress the plan required under subsection (a) 1654A–179), the amendment made by subsection provided in accordance with section 18 of the and a report including any recommendations for (e) of such section shall not take effect and the Office of Federal Procurement Policy Act (41 legislative action necessary to implement the paragraph amended by such subsection is re- U.S.C. 416) and section 8(e) of the Small Busi- plan. pealed. ness Act (15 U.S.C. 637(e)).’’; and SEC. 807. MODIFICATION OF SCOPE OF BALL AND TITLE VIII—ACQUISITION POLICY, ACQUI- (B) by striking subsection (f) and inserting the ROLLER BEARINGS COVERED FOR SITION MANAGEMENT, AND RELATED following: PURPOSES OF PROCUREMENT LIMI- TATION. MATTERS ‘‘(f) LIMITATION ON CONTRACT PERIOD.—The Section 2534(a)(5) of title 10, United States SEC. 801. PLAN FOR ACQUISITION MANAGEMENT base period of a task order contract or delivery PROFESSIONAL EXCHANGE PILOT order contract entered into under this section Code is amended— PROGRAM. may not exceed five years unless a longer period (1) by striking ‘‘225.71’’ and inserting (a) PLAN REQUIRED.—(1) The Secretary of De- is specifically authorized in a law that is appli- ‘‘225.70’’; (2) by striking ‘‘October 23, 1992’’ and insert- fense shall develop a plan for a pilot program cable to such contract. The contract may be ex- ing ‘‘April 27, 2002’’; and under which— tended for an additional 5 years (for a total con- (3) by adding at the end the following: ‘‘In (A) an individual in the field of acquisition tract period of not more than 10 years) through this section the term ‘ball bearings and roller management employed by the Department of De- modifications, options, or otherwise.’’; and bearings’ includes unconventional or hybrid ball fense may be temporarily assigned to work in a (2) in section 2304b— and roller bearings and cam follower bearings, private sector organization; and (A) by striking subsection (a) and inserting ball screws, and other derivatives of ball and (B) an individual in such field employed by a the following: roller bearings.’’. private sector organization may be temporarily ‘‘(a) IN GENERAL.—A task order contract (as assigned to work in the Department of Defense. defined in section 2304d of this title) for procure- SEC. 808. RAPID ACQUISITION AND DEPLOYMENT (2) In developing the plan under paragraph ment of advisory and assistance services shall be PROCEDURES. (1), the Secretary shall address the following: subject to the requirements of this section, sec- (a) REQUIREMENT TO ESTABLISH PROCE- (A) The benefits of undertaking such a pro- tions 2304a and 2304c of this title, and other ap- DURES.—Chapter 141 of title 10, United States gram. plicable provisions of law.’’; Code, is amended by inserting after section 2396 (B) The appropriate length of assignments (B) by striking subsections (b), (f), and (g) the following new section: under the program. and redesignating subsections (c), (d), (e), (h), ‘‘§ 2397. Rapid acquisition and deployment (C) Whether an individual assigned under the and (i) as subsections (b) through (f); procedures program should be compensated by the organi- (C) by amending subsection (c) (as redesig- ‘‘(a) ESTABLISHMENT.—The Secretary of De- zation to which the individual is assigned, or nated by subparagraph (B)) to read as follows: fense shall establish tailored rapid acquisition the organization from which the individual is ‘‘(c) REQUIRED CONTENT OF CONTRACT.—A and deployment procedures for items urgently assigned. task order contract described in subsection (a) needed to react to an enemy threat or to respond (D) The ethics guidelines that should be ap- shall contain the same information that is re- to significant and urgent safety situations. plied to the program and, if necessary, waivers quired by section 2304a(b) to be included in the ‘‘(b) PROCEDURES.—The procedures estab- of ethics laws that would be needed in order to solicitation of offers for that contract.’’; and lished under subsection (a) shall include the fol- make the program effective and attractive to (D) in subsection (d) (as redesignated by sub- lowing: both Government and private sector employees. paragraph (B))— ‘‘(1) A process for streamlined communications (E) An assessment of how compensation of in- (i) in paragraph (1), by striking ‘‘under this between the Chairman of the Joint Chiefs of dividuals suffering employment-related injuries section’’ and inserting ‘‘described in subsection Staff, the acquisition community, and the test- under the program should be addressed. (a)’’; and ing community.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2303 ‘‘(2) A process for expedited technical, pro- ‘‘2403. Quick-reaction special projects acquisi- (1) data that is classified or will become classi- grammatic, and financial decisions. tion team.’’. fied after being merged with other data; ‘‘(3) An expedited procurement and con- SEC. 810. REPORT ON DEVELOPMENT OF ANTI- (2) geographic data regarding the location of tracting process. CYBERTERRORISM TECHNOLOGY. surface and subsurface infrastructure providing ‘‘(c) SPECIFIC STEPS TO BE INCLUDED.—The Not later than February 1, 2003, the Secretary communications, water and electrical power dis- procedures established under subsection (a) of Defense shall submit to Congress a report tribution, pipelines for the distribution of nat- shall provide for the following: on— ural gas, bulk petroleum products and other ‘‘(1) The commander of a unified combatant (1) efforts by the Department of Defense to commodities, and other utilities; or command may notify the Chairman of the Joint enter into contracts with private entities to de- (3) personal or financial information about in- Chiefs of Staff of the need for an item described velop anticyberterrorism technology; and dividual private citizens, including information in subsection (a) that is currently under devel- (2) whether such efforts should be increased. relating to such person’s real property, however opment. SEC. 811. CONTRACTING WITH FEDERAL PRISON described, without giving prior notice to such ‘‘(2) The Chairman may request the Secretary INDUSTRIES. persons or class of persons to the greatest extent of Defense to use rapid acquisition and deploy- (a) ASSURING BEST VALUE FOR NATIONAL DE- practicable. ment procedures with respect to the item. FENSE AND HOMELAND SECURITY.—(1) The De- (d) REGULATORY IMPLEMENTATION.— ‘‘(3) The Secretary of Defense shall decide partment of Defense or one of the military de- (1) PROPOSED REGULATIONS.—Proposed revi- whether to use such procedures with respect to partments may acquire a product or service from sions to the Department of Defense Supplement the item and shall notify the Secretary of the Federal Prison Industries, Inc. only if such ac- to the Federal Acquisition Regulation to imple- appropriate military department of the decision. quisition is made through a procurement con- ment this section shall be published not later ‘‘(4) If the Secretary of Defense decides to use tract awarded and administered in accordance than 90 days after the date of enactment of this such procedures with respect to the item, the with chapter 137 of title 10, United States Code, Act and provide not less than 60 days for public Secretary of the military department shall pre- the Federal Acquisition Regulation, and the De- comment. pare a funding strategy for the rapid acquisition partment of Defense supplements to such regu- (2) FINAL REGULATIONS.—Final regulations of the item and shall conduct a demonstration lation. If a contract is to be awarded to Federal shall be published not later than 180 days after of the performance of the item. Prison Industries, Inc. by the Department of De- the date of the enactment of this Act and shall ‘‘(5) The Director of Operational Test and fense through other than competitive proce- be effective on the date that is 30 days after the Evaluation shall immediately evaluate the exist- dures, authority for such award shall be based date of publication. ing capability of the item (but under such eval- upon statutory authority other than chapter 307 TITLE IX—DEPARTMENT OF uation shall not assess the capability of the item of title 18, United States Code. DEFENSE ORGANIZATION AND MANAGE- as regards to the function the item was origi- (2) The Secretary of Defense shall assure MENT nally intended to perform). that— ‘‘(6) The Chairman of the Joint Chiefs of Staff (A) no purchase of a product or a service is SEC. 901. CHANGE IN TITLE OF SECRETARY OF shall review the evaluation of the Director of made by the Department of Defense from Fed- THE NAVY TO SECRETARY OF THE NAVY AND MARINE CORPS. Operational Test and Evaluation and report to eral Prison Industries, Inc. unless the con- (a) CHANGE IN TITLE.—The position of the the Secretary of Defense regarding whether the tracting officer determines that— Secretary of the Navy is hereby redesignated as capabilities of the tested item are able to meet (i) the product or service can be timely fur- the Secretary of the Navy and Marine Corps. the urgent need for the item. nished and will meet the performance needs of (b) REFERENCES.—Any reference to the Sec- ‘‘(7) The Secretary of Defense shall evaluate the activity that requires the product or service; retary of the Navy in any law, regulation, docu- the information regarding funding and rapid and ment, record, or other paper of the United States acquisition prepared pursuant to paragraph (4) (ii) the price to be paid does not exceed a fair shall be considered to be a reference to the Sec- and approve or disapprove of the acquisition of market price determined by competition or a fair retary of the Navy and Marine Corps. the item using the procedures established pursu- and reasonable price determined by price anal- ant to subsection (a). ysis or cost analysis; and SEC. 902. REPORT ON IMPLEMENTATION OF UNITED STATES NORTHERN COM- ‘‘(d) LIMITATION.—The quantity of items of a (B) Federal Prison Industries, Inc. performs MAND. system procured using the procedures estab- its contractual obligations to the same extent as lished under this section may not exceed the any other contractor for the Department of De- Not later than September 1, 2002, the Sec- number established for low-rate initial produc- fense. retary of Defense shall submit to the Committees on Armed Services of the Senate and the House tion for the system, and any such items shall be (b) PERFORMANCE AS A SUBCONTRACTOR.—(1) counted for purposes of the number of items of The use of Federal Prison Industries, Inc. as a of Representatives a report providing an imple- the system that may be procured through low- subcontractor or supplier shall be a wholly vol- mentation plan for the United States Northern rate initial production.’’. untary business decision by a Department of Command. The report shall address the fol- lowing: (b) CLERICAL AMENDMENT.—The table of sec- Defense prime contractor or subcontractor, sub- tions at the beginning of such chapter is amend- ject to any prior approval of subcontractors or (1) The required budget for standing-up and ed by inserting after the item relating to section suppliers by the contracting officer which may maintaining that command. 2396 the following new item: be imposed by regulation or by the contract. (2) The location of the headquarters of that (2) A defense contractor (or subcontractor at command and alternatives considered for that ‘‘2397. Rapid acquisition and deployment proce- location, together with the criteria used in selec- dures.’’. any tier) using Federal Prison Industries, Inc. as a subcontractor or supplier in furnishing a tion of that location. SEC. 809. QUICK-REACTION SPECIAL PROJECTS (3) The required manning levels for the com- ACQUISITION TEAM. commercial product pursuant to a contract shall implement appropriate management procedures mand, the effect that command will have on (a) ESTABLISHMENT.—Chapter 141 of title 10, to prevent introducing an inmate-produced current Department of Defense personnel re- United States Code, is amended by inserting sources, and the other commands from which after section 2402 the following new section: product or inmate-furnished services into the commercial market. personnel will be transferred to provide per- ‘‘§ 2403. Quick-reaction special projects acqui- (3) Except as authorized under the Federal sonnel for that command. sition team Acquisition Regulation, the use of Federal Pris- (4) The chain of command within that com- ‘‘The Secretary of Defense shall establish a on Industries, Inc. as a subcontractor or sup- mand to the component command level and a re- quick-reaction special projects acquisition team, plier of products or provider of services shall not view of permanently assigned or tasked organi- the purpose of which shall be to advise the Sec- be imposed upon prospective or actual defense zations and units. retary on actions that can be taken to expedite prime contractors or subcontractors at any tier (5) The relationship of that command to the the procurement of urgently needed systems. by means of— Office of Homeland Security and the Homeland The team shall address problems with the inten- (A) a contract solicitation provision requiring Security Council, to other Federal departments tion of creating expeditious solutions relating a contractor to offer to make use of Federal and agencies, and to State and local law en- to— Prison Industries, Inc. its products or services; forcement agencies. ‘‘(1) industrial-base issues such as the limited (B) specifications requiring the contractor to (6) The relationship of that command with the availability of suppliers; use specific products or services (or classes of National Guard Bureau, individual State Na- ‘‘(2) compliance with acquisition regulations products or services) offered by Federal Prison tional Guard Headquarters, and civil first re- and lengthy procedures; Industries, Inc. in the performance of the con- sponders to ensure continuity of operational ‘‘(3) compliance with environmental require- tract; plans. ments; (C) any contract modification directing the (7) The legal implications of military forces in ‘‘(4) compliance with requirements regarding use of Federal Prison Industries, Inc. its prod- their Federal capacity operating on United small-business concerns; and ucts or services; or States territory. ‘‘(5) compliance with requirements regarding (D) any other means. (8) The status of Department of Defense con- the purchase of products made in the United (c) PROTECTION OF CLASSIFIED AND SENSITIVE sultations— States.’’. INFORMATION.—The Secretary of Defense shall (A) with Canada regarding Canada’s role in, (b) CLERICAL AMENDMENT.—The table of sec- assure that Federal Prison Industries, Inc. is and any expansion of mission for, the North tions at the beginning of such chapter is amend- not permitted to provide services as a contractor American Air Defense Command; and ed by inserting after the item relating to section or subcontractor at any tier, if an inmate work- (B) with Mexico regarding Mexico’s role in the 2402 the following new item: er has access to— United States Northern Command.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 H2304 CONGRESSIONAL RECORD — HOUSE May 9, 2002 (9) The status of Department of Defense con- SEC. 906. CONFORMING AMENDMENT TO RE- ing the Defense Emergency Response Fund or sultations with NATO member nations on efforts FLECT DISESTABLISHMENT OF DE- any other similar account, may be transferred to to transfer the Supreme Allied Command for the PARTMENT OF DEFENSE CON- another account for obligation only after the Atlantic from dual assignment with the position SEQUENCE MANAGEMENT PROGRAM Secretary of Defense submits to the congres- INTEGRATION OFFICE. of commander of the United States Joint Forces sional defense committees a report stating, for Section 12310(c)(3) of title 10, United States Command. each such transfer, the amount of the transfer, Code, is amended by striking ‘‘only—’’ and all the appropriation account to which the transfer (10) The revised mission, budget, and per- that follows through ‘‘(B) while assigned’’ and is to be made, and the specific purpose for which sonnel resources required for the United States inserting ‘‘only while assigned’’. Joint Forces Command. the transferred funds will be used. TITLE X—GENERAL PROVISIONS SEC. 903. NATIONAL DEFENSE MISSION OF COAST (d) EMERGENCY DESIGNATION REQUIREMENT.— GUARD TO BE INCLUDED IN FUTURE Subtitle A—Financial Matters (1) In the case of a pending contingent emer- QUADRENNIAL DEFENSE REVIEWS. SEC. 1001. TRANSFER AUTHORITY. gency supplemental appropriation for the mili- tary functions of the Department of Defense or Section 118(d) of title 10, United States Code, (a) AUTHORITY TO TRANSFER AUTHORIZA- the atomic energy defense activities of the De- is amended— TIONS.—(1) Upon determination by the Secretary (1) by redesignating paragraph (14) as para- of Defense that such action is necessary in the partment of Energy, an adjustment may be graph (15); and national interest, the Secretary may transfer made under subsection (a) or (b) in the amount (2) by inserting after paragraph (13) the fol- amounts of authorizations made available to the of an authorization of appropriations by reason lowing new paragraph: Department of Defense in this division for fiscal of that supplemental appropriation only if, and ‘‘(14) The national defense mission of the year 2003 between any such authorizations for to the extent that, the President transmits to Coast Guard.’’. that fiscal year (or any subdivisions thereof). Congress an official budget request for that ap- propriation that designates the entire amount SEC. 904. CHANGE IN YEAR FOR SUBMISSION OF Amounts of authorizations so transferred shall be merged with and be available for the same requested as an emergency requirement. QUADRENNIAL DEFENSE REVIEW. (2) For purposes of this subsection, the term purposes as the authorization to which trans- Section 118(a) of title 10, United States Code, ‘‘contingent emergency supplemental appropria- ferred. is amended by striking ‘‘during a year’’ and in- tion’’ means a supplemental appropriation (2) The total amount of authorizations that serting ‘‘during the second year’’. that— the Secretary may transfer under the authority SEC. 905. REPORT ON EFFECT OF OPERATIONS (A) is designated by Congress as an emergency OTHER THAN WAR ON COMBAT of this section may not exceed $2,000,000,000. requirement pursuant to section 251(b)(2)(A) of READINESS OF THE ARMED FORCES. (b) LIMITATIONS.—The authority provided by the Balanced Budget and Emergency Deficit (a) REPORT REQUIRED.—Not later than Feb- this section to transfer authorizations— Control Act of 1985; and ruary 28, 2004, the Secretary of Defense shall (1) may only be used to provide authority for (B) by law is available only to the extent that submit to the Committee on Armed Services of items that have a higher priority than the items the President transmits to the Congress an offi- the Senate and the Committee on Armed Serv- from which authority is transferred; and cial budget request for that appropriation that ices of the House of Representatives a report on (2) may not be used to provide authority for includes designation of the entire amount of the the effect on the combat readiness of the Armed an item that has been denied authorization by request as an emergency requirement. Congress. Forces of operations other than war in which SEC. 1003. UNIFORM STANDARDS THROUGHOUT the Armed Forces are participating as of the (c) EFFECT ON AUTHORIZATION AMOUNTS.—A DEPARTMENT OF DEFENSE FOR EX- date of the enactment of this Act (hereinafter in transfer made from one account to another POSURE OF PERSONNEL TO PECU- this section referred to as ‘‘current operations under the authority of this section shall be NIARY LIABILITY FOR LOSS OF GOV- other than war’’). Such report shall address any deemed to increase the amount authorized for ERNMENT PROPERTY. (a) EXTENSION OF ARMY AND AIR FORCE RE- such effect on combat readiness for the Armed the account to which the amount is transferred PORT-OF-SURVEY PROCEDURES TO NAVY AND MA- Forces as a whole and separately for the active by an amount equal to the amount transferred. RINE CORPS AND ALL DOD CIVILIAN EMPLOY- components and the reserve components. (d) NOTICE TO CONGRESS.—The Secretary shall promptly notify Congress of each transfer made EES.—(1) Chapter 165 of title 10, United States (b) OPERATIONS OTHER THAN WAR.—For pur- Code, is amended by adding at the end the fol- poses of this section, the term ‘‘operations other under subsection (a). lowing new section: than war’’ includes the followng: SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL (1) Humanitarian operations. APPROPRIATIONS FOR FISCAL YEAR ‘‘§ 2787. Reports of survey 2002. (2) Counter-drug operations. ‘‘(a) REGULATIONS.—Under such regulations (a) DOD AUTHORIZATIONS.—Amounts author- (3) Peace operations. as the Secretary of Defense may prescribe, any ized to be appropriated to the Department of De- (4) Nation assistance. officer of the Army, Navy, Air Force, or Marine fense for fiscal year 2002 in the National De- Corps or any civilian employee of the Depart- (c) MATTERS TO BE ADDRESSED.—The report fense Authorization Act for Fiscal Year 2002 ment of Defense designated by the Secretary shall, at a minimum, address the following (Public Law 107–107) are hereby adjusted, with (shown both for the Armed Forces as a whole may act upon reports of surveys and vouchers respect to any such authorized amount, by the pertaining to the loss, spoilage, unserviceability, and separately for the active components and amount by which appropriations pursuant to the reserve components): unsuitability, or destruction of, or damage to, such authorization are increased (by a supple- property of the United States under the control (1) With respect to each current operation mental appropriation) or decreased (by a rescis- other than war, the number of members of the of the Department of Defense. sion), or both, or are increased by a transfer of ‘‘(b) FINALITY OF ACTION.—Action taken Armed Forces who are— funds, pursuant to the following: under subsection (a) is final, except that action (A) directly participating in the operation; (1) Chapter 3 of the Emergency Supplemental holding a person pecuniarily liable for loss, (B) supporting the operation; Act, 2002 (division B of Public Law 107–117; 115 spoilage, destruction, or damage is not final (C) preparing to participate or support an up- Stat. 2299). until approved by the Secretary.’’. coming rotation to the operation; or (2) Any Act enacted after May 1, 2002, making (2) The table of sections at the beginning of (D) recovering and retraining following par- supplemental appropriations for fiscal year 2002 such chapter is amended by adding at the end ticipation in the operation. for the military functions of the Department of the following new item: (2) The cost to the Department of Defense in Defense. ‘‘2787. Reports of survey.’’. time, funds, resources, personnel, and equip- (b) NNSA AUTHORIZATIONS.—Amounts au- (b) EXTENSION TO MEMBERS OF THE NAVY AND ment to prepare for, conduct, and recover and thorized to be appropriated to the Department of MARINE CORPS OF PAY DEDUCTION AUTHORITY retrain from each such operation. Energy for fiscal year 2002 in the National De- PERTAINING TO DAMAGE OR REPAIR OF ARMS (3) The effect of participating in such oper- fense Authorization Act for Fiscal Year 2002 AND EQUIPMENT .—Section 1007(e) of title 37, ations on performance, retention, and readiness (Public Law 107–107) are hereby adjusted, with United States Code, is amended by striking of individual members of the Armed Forces. respect to any such authorized amount, by the ‘‘Army or the Air Force’’ and inserting ‘‘Army, (4) The effect of such operations on the readi- amount by which appropriations pursuant to Navy, Air Force, or Marine Corps’’. ness of forces and units participating, preparing such authorization are increased (by a supple- (c) REPEAL OF SUPERCEDED PROVISIONS.—(1) to participate, and returning from participation mental appropriation) or decreased (by a rescis- Sections 4835 and 9835 of title 10, United States in such operations. sion), or both, or are increased by a transfer of Code, are repealed. (5) The effect that such operations have on funds, pursuant to the following: (2)(A) The table of sections at the beginning of forces and units that do not, have not, and will (1) Chapter 5 of the Emergency Supplemental chapter 453 of such title is amended by striking not participate in them. Act, 2002 (division B of Public Law 107–117; 115 the item relating to section 4835. (6) The contribution to United States national Stat. 2307). (B) The table of sections at the beginning of security and to regional stability of participa- (2) Any Act enacted after May 1, 2002, making chapter 953 of such title is amended by striking tion by the United States in such operations, to supplemental appropriations for fiscal year 2002 the item relating to section 9835. be assessed after receiving the views of the com- for the atomic energy defense activities of the SEC. 1004. ACCOUNTABLE OFFICIALS IN THE DE- manders of the regional unified combatant com- Department of Energy. PARTMENT OF DEFENSE. mands. (c) LIMITATION ON TRANSFERS PENDING SUB- (a) ACCOUNTABLE OFFICIALS WITHIN THE DE- (d) CLASSIFICATION OF REPORT.—The report MISSION OF REPORT.—Any amount provided for PARTMENT OF DEFENSE.—Chapter 165 of title 10, may be provided in classified or unclassified the Department of Defense for fiscal year 2002 United States Code, is amended by inserting form as necessary. through a so-called ‘transfer account’’, includ- after section 2773 the following new section:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.027 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2305 ‘‘§ 2773a. Departmental accountable officials ‘‘(4) That payments on purchase card ac- ‘‘(A) a major defense acquisition program for ‘‘(a) DESIGNATION.—(1) The Secretary of De- counts are made promptly within prescribed purposes of chapter 144 of this title; or fense may designate as a ‘departmental ac- deadlines to avoid interest penalties. ‘‘(B) any other acquisition program of the De- countable official’ any civilian employee of the ‘‘(5) That rebates and refunds based on partment of Defense— Department of Defense or member of the armed prompt payment on purchase card accounts are ‘‘(i) that is designated by the Secretary of De- forces under the Secretary’s jurisdiction who is properly recorded. fense as a covered acquisition program for pur- described in paragraph (2). Any such designa- ‘‘(6) That records of each purchase card poses of this section; or tion shall be in writing. transaction (including records on associated ‘‘(ii) that is estimated by the Secretary of De- ‘‘(2) An employee or member of the armed contracts, reports, accounts, and invoices) are fense to require an eventual total expenditure forces described in this paragraph is an em- retained in accordance with standard Govern- for research, development, test, and evaluation ployee or member who is responsible in the per- ment policies on the disposition of records. of more than $140,000,000 (based on fiscal year formance of the employee’s or member’s duties ‘‘(7) That an annual review is performed of 2000 constant dollars) or an eventual total ex- for providing to a certifying official of the De- the use of purchase cards issued by the Depart- penditure for procurement of more than partment of Defense information, data, or serv- ment of Defense to determine whether each pur- $660,000,000 (based on fiscal year 2000 constant ices that are directly relied upon by the certi- chase card holder has a need for the purchase dollars.) fying official in the certification of vouchers for card. ‘‘(e) TRANSFER BACK OF UNUSED TRANS- payment. ‘‘(8) That the Inspectors General of the De- FERRED FUNDS.—If funds transferred under this ‘‘(b) PECUNIARY LIABILITY.—(1) The Secretary partment of Defense and the military services section are not used for the purposes for which of Defense may impose pecuniary liability on a perform periodic audits with respect to the use transferred, such funds shall be transferred departmental accountable official to the extent of purchase cards issued by the Department of back to the account from which transferred and that an illegal, improper, or incorrect payment Defense to ensure that such use is in compliance shall be available for their original purpose. results from the information, data, or services with regulations. ‘‘(f) ADDITIONAL AUTHORITY.—The transfer that that official provides to a certifying official ‘‘(9) That appropriate annual training is pro- authority provided in this section is in addition and upon which the certifying official directly vided to each purchase card holder and each of- to any other transfer authority available to the relies in certifying the voucher supporting that ficial with responsibility for overseeing the use Secretary of Defense.’’. payment. of purchase cards issued by the Department of (2) The table of sections at the beginning of ‘‘(2) The pecuniary liability of a departmental Defense. such chapter is amended by inserting after the accountable official under this subsection for ‘‘(c) PENALTIES FOR VIOLATIONS.—The Sec- item relating to section 2214 the following new such an illegal, improper, or incorrect payment retary shall provide in the regulations pre- item: is joint and several with that of any other offi- scribed under subsection (a)— ‘‘2214a. Transfer of funds: transfers from pro- cials who are pecuniarily liable for such pay- ‘‘(1) that procedures are implemented pro- curement accounts to research ment. viding for appropriate punishment of employees and development accounts for ‘‘(c) RELIEF FROM LIABILITY.—The Secretary of the Department of Defense for violations of major acquisition programs.’’. of Defense shall relieve a departmental account- such regulations and for negligence, misuse, (b) EFFECTIVE DATE.—Section 2214a of title 10, able official from liability under subsection (b) if abuse, or fraud with respect to a purchase card, United States Code, as added by subsection (a), the Secretary determines that the illegal, im- including dismissal in appropriate cases; and shall not apply with respect to funds appro- proper, or incorrect payment was not the result ‘‘(2) that a violation of such regulations by a priated before the date of the enactment of this of fault or negligence by that official.’’. person subject to chapter 47 of this title (the Act. (b) CLERICAL AMENDMENT.—The table of sec- Uniform Code of Military Justice) is punishable SEC. 1007. DEVELOPMENT AND PROCUREMENT tions at the beginning of such chapter is amend- as a violation of section 892 of this title (article OF FINANCIAL AND NONFINANCIAL ed by inserting after the item relating to section 92 of the Uniform Code of Military Justice).’’. MANAGEMENT SYSTEMS. 2773 the following new item: (b) CLERICAL AMENDMENT.—The item relating (a) REPORT.—Not later than March 1, 2003, ‘‘2773a. Departmental accountable officials.’’. to section 2784 in the table of sections at the be- the Secretary of Defense shall submit to the con- ginning of chapter 165 of such title is amended gressional defense committees a report on the SEC. 1005. IMPROVEMENTS IN PURCHASE CARD to read as follows: MANAGEMENT. modernization of the Department of Defense’s (a) IN GENERAL.—Section 2784 of title 10, ‘‘2784. Management of purchase cards.’’. financial management systems and operations. United States Code, is amended to read as fol- SEC. 1006. AUTHORITY TO TRANSFER FUNDS The report shall include the following: lows: WITHIN A MAJOR ACQUISITION PRO- (1) The goals and objectives of the Financial GRAM FROM PROCUREMENT TO Management Modernization Program. ‘‘§ 2784. Management of purchase cards RDT&E. (2) The acquisition strategy for that Program, ‘‘(a) MANAGEMENT OF PURCHASE CARDS.—The (a) PROGRAM FLEXIBILITY.—(1) Chapter 131 of including milestones, performance metrics, and Secretary of Defense, acting through the Under title 10, United States Code, is amended by in- financial and nonfinancial resource needs. Secretary of Defense (Comptroller), shall pre- serting after section 2214 the following new sec- (3) A listing of all operational and develop- scribe regulations governing the use and control tion: mental financial and nonfinancial management of all purchase cards and convenience checks systems in use by the Department, the related ‘‘§ 2214a. Transfer of funds: transfers from that are issued to Department of Defense per- costs to operate and maintain those systems dur- procurement accounts to research and de- sonnel for official use. Those regulations shall ing fiscal year 2002, and the estimated cost to velopment accounts for major acquisition be consistent with regulations that apply Gov- operate and maintain those systems during fis- programs ernment-wide regarding use of purchase cards cal year 2003. by Government personnel for official purposes. ‘‘(a) TRANSFER AUTHORITY WITHIN MAJOR (4) An estimate of the completion date of a ‘‘(b) REQUIRED SAFEGUARDS AND INTERNAL PROGRAMS.—Subject to subsection (b), the Sec- transition plan that will identify which of the CONTROLS.—Regulations under subsection (a) retary of Defense may transfer amounts pro- Department’s operational and developmental fi- shall include safeguards and internal controls vided in an appropriation Act for procurement nancial management systems will not be part of to ensure the following: for a covered acquisition program to amounts the objective financial and nonfinancial man- ‘‘(1) That there is a record in the Department provided in the same appropriation Act for re- agement system and that provides the schedule of Defense of each holder of a purchase card search, development, test, and evaluation for for phase out of those legacy systems. issued by the Department of Defense for official that program. (b) LIMITATIONS.—(1) A contract described in use, annotated with the limitations on amounts ‘‘(b) CONGRESSIONAL NOTICE-AND-WAIT.—A subsection (c) may be entered into using funds that are applicable to the use of each such card transfer may be made under this section only made available to the Department of Defense for by that purchase card holder. after— fiscal year 2003 only with the approval in ad- ‘‘(2) That the holder of a purchase card and ‘‘(1) the Secretary submits to the congressional vance in writing of the Under Secretary of De- each official with authority to authorize ex- defense committees notice in writing of the Sec- fense (Comptroller). penditures charged to the purchase card are re- retary’s intent to make such transfer, together (2) Not more than 75 percent of the funds au- sponsible for— with the Secretary’s justification for the trans- thorized to be appropriated in section 201(4) for ‘‘(A) reconciling the charges appearing on fer; and research, development, test, and evaluation for each statement of account for that purchase ‘‘(2) a period of 30 days has elapsed following the Department of Defense Financial Mod- card with receipts and other supporting docu- the date of such notification. ernization Program (Program Element mentation; and ‘‘(c) LIMITATIONS.—From amounts appro- 65016D8Z) may be obligated until the report re- ‘‘(B) forwarding that statement after being so priated for the Department of Defense for any quired by subsection (a) is received by the con- reconciled to the designated disbursing office in fiscal year for procurement— gressional defense committees. a timely manner. ‘‘(1) the total amount transferred under this (c) COVERED CONTRACTS.—Subsection (b)(1) ‘‘(3) That any disputed purchase card charge, section may not exceed $250,000,000; and applies to a contract for the procurement of any and any discrepancy between a receipt and ‘‘(2) the total amount so transferred for any of the following: other supporting documentation and the pur- acquisition program may not exceed $20,000,000. (1) An enterprise architecture system. chase card statement of account, is resolved in ‘‘(d) COVERED ACQUISITION PROGRAMS.—In (2) A finance or accounting system. the manner prescribed in the applicable Govern- this section, the term ‘covered acquisition pro- (3) A nonfinancial business and feeder system. ment-wide purchase card contract entered into gram’ means an acquisition program of the De- (4) An upgrade to any system specified in by the Administrator of General Services. partment of Defense that is— paragraphs (1) through (3).

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(d) DEFINITIONS.—As used in this section: (b) CLASSIFICATION.—The report may be sub- partment of Defense plans, programs, and budg- (1) FINANCIAL MANAGEMENT SYSTEM AND OPER- mitted in unclassified or classified form as nec- eting process and by appropriate decision mak- ATIONS.—The term ‘‘financial management sys- essary. ing bodies within the Department of Defense. tem and operations’’ means financial, financial SEC. 1013. REQUIREMENT THAT DEPARTMENT OF (4) A methodology, framework, and options related, and non-financial business operations DEFENSE REPORTS TO CONGRESS for selecting sites for such a complex, including and systems used for acquisition programs, BE ACCOMPANIED BY ELECTRONIC consideration of current training facilities that transportation, travel, property, inventory, sup- VERSION. would accommodate requirements among all the ply, medical, budget formulation, financial re- Section 480(a) of title 10, United States Code, Armed Forces. porting, and accounting. Such term includes the is amended by striking ‘‘shall, upon request’’ (5) Options for development as part of such a automated and manual processes, procedures, and all that follows through ‘‘(or each’’ and in- complex of a joint urban warfare training center controls, data, hardware, software, and support serting ‘‘shall provide to Congress (or’’. that could also be used for homeland defense personnel dedicated to the operations and main- SEC. 1014. STRATEGIC FORCE STRUCTURE PLAN and consequence management training for Fed- tenance of system functions. FOR NUCLEAR WEAPONS AND DELIV- eral, State, and local training. ERY SYSTEMS. (2) FEEDER SYSTEMS.—The term ‘‘feeder sys- (6) Cost estimates and resource requirements tems’’ means financial portions of mixed sys- (a) PLAN REQUIRED.—The Secretary of De- to establish and maintain such a complex, in- tems. fense and the Secretary of Energy shall jointly cluding estimates of costs and resource require- (3) DEVELOPMENTAL SYSTEMS AND PROJECTS.— prepare a plan for the United States strategic ments for the use of contract personnel for the The term ‘‘developmental systems and projects’’ force structure for nuclear weapons and nuclear performance of management, operational, and means any system that has not reached Mile- weapons delivery systems for the period of fiscal logistics activities for such a complex . stone C, as defined in the Department of De- years from 2002 through 2012. The plan shall— (7) An explanation of the relationship between fense 5000–series regulations. (1) delineate a baseline strategic force struc- and among such a complex and the Department ture for such weapons and systems over such Subtitle B—Reports of Defense Office of Transformation, the Joint period consistent with the Nuclear Posture Re- Staff, the United States Joint Forces Command, SEC. 1011. AFTER-ACTION REPORTS ON THE CON- view dated January 2002; the United States Northern Command, and each DUCT OF MILITARY OPERATIONS (2) define sufficient force structure, force mod- element of the major commands within the sepa- CONDUCTED AS PART OF OPER- ernization and life extension plans, infrastruc- ATION ENDURING FREEDOM. rate Armed Forces with responsibility for experi- ture, and other elements of the defense program mentation and training. (a) REPORT REQUIRED.—(1) The Secretary of of the United States associated with such weap- Defense shall submit to the congressional com- (8) A discussion of how implementation of a ons and systems that would be required to exe- joint opposing force would be established, in- mittees specified in subsection (c) two reports on cute successfully the full range of missions the conduct of military operations conducted as cluding the feasibility of using qualified con- called for in the national defense strategy delin- tractors for the function of establishing and part of Operation Enduring Freedom. The first eated in the Quadrennial Defense Review dated report (which shall be an interim report) shall maintaining joint opposing forces and the role September 30, 2001, under section 118 of title 10, of foreign forces. be submitted not later than June 15, 2003. The United States Code; and second report shall be submitted not later than (9) Submission of a time line to establish such (3) identify the budget plan that would be re- a center and for such a center to achieve initial 180 days after the date (as determined by the quired to provide sufficient resources to execute Secretary of Defense) of the cessation of hos- operational capability and full operational ca- successfully the full range of missions using pability. tilities undertaken as part of Operation Endur- such force structure called for in that national SEC. 1016. REPEAL OF VARIOUS REPORTS RE- ing Freedom. defense strategy. (2) Each report shall be prepared in consulta- QUIRED OF THE DEPARTMENT OF (b) REPORT.—(1) The Secretary of Defense and DEFENSE. tion with the Chairman of the Joint Chiefs of the Secretary of Energy shall submit a report on (a) PROVISIONS OF TITLE 10.—Title 10, United Staff, the commander-in-chief of the United the plan to the congressional defense commit- States Code, is amended as follows: States Central Command, and the Director of tees. Except as provided in paragraph (2), the (1)(A) Section 230 is repealed. Central Intelligence. report shall be submitted not later than January (B) The table of sections at the beginning of (3) Each report shall be submitted in both a 1, 2003. chapter 9 is amended by striking the item relat- classified form and an unclassified form. (2) If before January 1, 2003, the President ing to section 230. (b) MATTERS TO BE INCLUDED.—Each report submits to Congress the President’s certification (2) Section 526 is amended by striking sub- shall contain a discussion of accomplishments that it is in the national security interest of the section (c). and shortcomings of the overall military oper- United States that such report be submitted on (3) Section 721(d) is amended— ation. The report shall specifically include the a later date (to be specified by the President in (A) by striking paragraph (2); and following: the certification), such report shall be submitted (B) by striking ‘‘(1)’’ before ‘‘If an officer’’. (1) A discussion of the command, control, co- not later than such later date. (4) Section 986 is amended by striking sub- ordination, and support relationship between SEC. 1015. REPORT ON ESTABLISHMENT OF A section (e). United States Special Operations Forces and JOINT NATIONAL TRAINING COM- (5) Section 1095(g) is amended— Central Intelligence Agency elements partici- PLEX AND JOINT OPPOSING FORCES. (A) by striking paragraph (2); and pating in Operation Enduring Freedom and any (a) REPORT REQUIRED.—Not later than six (B) by striking ‘‘(1)’’ after ‘‘(g)’’. lessons learned from the joint conduct of oper- months after the date of the enactment of this (6) Section 1798 is amended by striking sub- ations by those forces and elements. Act, the Secretary of Defense shall submit to the section (d). (2) Recommendations to improve operational Committee on Armed Services of the Senate and (7) Section 1799 is amended by striking sub- readiness and effectiveness. the Committee on Armed Services of the House section (d). (c) CONGRESSIONAL COMMITTEES.—The com- of Representatives a report that outlines a plan (8) Section 2010 is amended by striking sub- mittees referred to in subsection (a)(1) are the to develop and implement a joint national train- section (b). following: ing complex. Such a complex may include mul- (9) Section 2327(c)(1) is amended— (1) The Committee on Armed Services and the tiple joint training sites and mobile training (A) in subparagraph (A), by striking ‘‘after Select Committee on Intelligence of the Senate. ranges and appropriate joint opposing forces the date on which such head of an agency sub- (2) The Committee on Armed Services and the and shall be capable of supporting field exer- mits to Congress a report on the contract’’ and Permanent Select Committee on Intelligence of cises and experimentation at the operational inserting ‘‘if in the best interests of the Govern- the House of Representatives. level of war across a broad spectrum of adver- ment’’; and SEC. 1012. REPORT ON BIOLOGICAL WEAPONS DE- sary capabilities. (B) by striking subparagraph (B). FENSE AND COUNTER-PROLIFERA- (b) MATTERS TO BE INCLUDED.—The report (10) Section 2350f is amended by striking sub- TION. under subsection (a) shall include the following: section (c). (a) REPORT REQUIRED.—Not later than 180 (1) An identification and description of the (11) Section 2350k is amended by striking sub- days after the date of the enactment of this Act, types of joint training and experimentation that section (d). the Secretary of Defense shall submit to the would be conducted at such a joint national (12) Section 2492 is amended by striking sub- Committees on Armed Services of the Senate and training complex, together with a description of section (c). the House of Representatives a report— how such training and experimentation would (13) Section 2493 is amended by striking sub- (1) describing programs and initiatives to halt, enhance accomplishment of the six critical oper- section (g). counter, and defend against the development, ational goals for the Department of Defense (14) Section 2563(c)(2) is amended by striking production, and proliferation of biological specified at page 30 of the Quadrennial Defense ‘‘and notifies Congress regarding the reasons for weapons agents, technology, and expertise to Review Report of the Secretary of Defense the waiver’’. terrorist organizations and other States; and issued on September 30, 2001. (15) Section 2611 is amended by striking sub- (2) including a detailed list of the limitations (2) A discussion of how establishment of such section (e). and impediments to the biological weapons de- a complex (including joint opposing forces) (16) Sections 4357, 6975, and 9356 are each fense, nonproliferation, and would promote innovation and transformation amended— counterproliferation efforts of the Department throughout the Department of Defense. (A) by striking subsection (c); and of Defense, and recommendations to remove (3) A discussion of how results from training (B) in subsection (a), by striking ‘‘Subject to such impediments and to make such efforts more and experiments conducted at such a complex subsection (c), the Secretary’’ and inserting effective. would be taken into consideration in the De- ‘‘The Secretary’’.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.027 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2307 (17) Section 4416 is amended by striking sub- to conduct a study and prepare a report on the (A) hard and deeply buried targets; and section (f). anticipated short-term and long-term effects of (B) enemy weapons of mass destruction and (18) Section 5721(f) is amended— the use of a nuclear earth penetrator weapon on the development and production facilities of (A) by striking paragraph (2); and the target area, including the effects on civilian such enemy weapons. (B) by striking ‘‘(1)’’ after the subsection populations in proximity to the target area and (4) Develop a plan to achieve and maintain heading. on United States military personnel performing the capability to resume conducting under- (19) Section 12302 is amended— operations and battle damage assessments in the ground tests of nuclear weapons within one (A) in subsection (b), by striking the last sen- target area, and the anticipated short-term and year after a decision is made to resume con- tence; and ducting such tests, so as to have the means to (B) by striking subsection (d). long-term effects on the civilian population in maintain robust and adaptive strategic forces (b) NATIONAL DEFENSE AUTHORIZATION ACT proximity to the target area if— FOR FISCAL YEAR 1995.—Section 553(b) of the (1) a non-penetrating nuclear weapon is used through a ready, responsive, and capable nu- National Defense Authorization Act for Fiscal to destroy hard or deeply-buried targets; or clear infrastructure, as prescribed in such Nu- Year 1995 (Public Law 103–337; 108 Stat. 2772; 10 (2) a conventional high-explosive weapon is clear Posture Review. U.S.C. 4331 note) is amended by striking the last used to destroy an adversary’s weapons of mass (5) Develop a plan to revitalize the Nation’s sentence. destruction storage or production facilities, and nuclear weapons industry and infrastructure so as to facilitate the development and production SEC. 1017. REPORT ON THE ROLE OF THE DE- radioactive, nuclear, biological, or chemical PARTMENT OF DEFENSE IN SUP- weapons materials, agents, or other contami- of safer, more reliable, and more effective nu- PORTING HOMELAND SECURITY. nants are released or spread into populated clear weapons. (a) REPORT REQUIRED.—Not later than De- areas. SEC. 1022. TIME FOR TRANSMITTAL OF ANNUAL cember 31, 2002, the Secretary of Defense shall (b) REPORT.—Not later than 180 days after the DEFENSE AUTHORIZATION LEGISLA- submit to the congressional defense committees a date of the enactment of this Act, the Secretary TIVE PROPOSAL. report on Department of Defense responsibil- shall submit to Congress the report under sub- (a) IN GENERAL.—Chapter 2 of title 10, United ities, mission, and plans for military support of section (a), together with any comments the Sec- States Code, is amended by inserting after sec- homeland security. retary may consider appropriate on the report. tion 113 the following new section: (b) CONTENT OF REPORT.—The report shall in- The report shall be submitted in unclassified ‘‘§ 113a. Transmission of annual defense au- clude, but not be limited to, a discussion of the form to the maximum extent possible, with a thorization request following: classified annex if needed. ‘‘(a) TIME FOR TRANSMITTAL.—The Secretary (1) Changes in organization regarding the SEC. 1019. REPORT ON EFFECTS OF NUCLEAR- of Defense shall transmit to Congress the an- roles, mission, and responsibilities carried out by TIPPED BALLISTIC MISSILE INTER- nual defense authorization request for a fiscal the Department of Defense to support its home- CEPTORS AND NUCLEAR MISSILES year during the first 30 days after the date on NOT INTERCEPTED. land security mission and the reasons for those which the President transmits to Congress the (a) NAS STUDY.—The Secretary of Defense changes based upon the findings of the study budget for that fiscal year pursuant to section shall request the National Academy of Sciences and report required by section 1511 of the Na- 1105 of title 31. to conduct a study and prepare a report on the tional Defense Authorization Act for Fiscal ‘‘(b) DEFENSE AUTHORIZATION REQUEST DE- anticipated short-term and long-term effects of Year 2002 (Public Law 107–107; 115 Stat. 1271). FINED.—In this section, the term ‘defense au- (2) Changes in the roles, missions, and respon- the use of a nuclear-tipped ballistic missile in- thorization request’, with respect to a fiscal sibilities of the Department of the Army, the De- terceptor, including the effects on civilian popu- year, means a legislative proposal submitted to partment of the Navy, and the Department of lations and on United States military personnel Congress for the enactment of the following: the Air Force with respect to homeland security in proximity to the target area, and the imme- ‘‘(1) Authorizations of appropriations for that and the reasons for such changes. diate, short-term, and long-term effects on the fiscal year, as required by section 114 of this (3) Changes in the roles, missions, and respon- civilian population of a major city of the United title. sibilities of unified commands with homeland se- States, and the Nation as a whole, if a ballistic ‘‘(2) Personnel strengths for that fiscal year, curity missions and the reasons for such missile carrying a nuclear weapon is not inter- as required by section 115 of this title. changes. cepted and detonates directly above a major city ‘‘(3) Any other matter that is proposed by the (4) Changes in the roles, missions, and respon- of the United States. Secretary of Defense to be enacted as part of the sibilities of the United States Joint Forces Com- (b) REPORT.—Not later than 180 days after the annual defense authorization bill for that fiscal mand and the United States Northern Command date of the enactment of this Act, the Secretary year.’’. in expanded homeland security training and ex- shall submit to Congress the report under sub- (b) CLERICAL AMENDMENT.—The table of sec- perimentation involving the Department of De- section (a), together with any comments the Sec- tions at the beginning of such chapter is amend- fense and other Federal, State, and local enti- retary may consider appropriate on the report. ed by inserting after the item relating to section ties, and the reasons for such changes. The report shall be submitted in unclassified 113 the following new item: (5) Changes in the roles, missions, and respon- form to the maximum extent possible, with a ‘‘113a. Transmission of annual defense author- sibilities of the Army National Guard and the classified annex if needed. Air National Guard in the homeland security ization request.’’. Subtitle C—Other Matters mission of the Department of Defense, and the SEC. 1023. TECHNICAL AND CLERICAL AMEND- reasons for such changes. SEC. 1021. SENSE OF CONGRESS ON MAINTE- MENTS. (6) The status of the unconventional nuclear NANCE OF A RELIABLE, FLEXIBLE, (a) TITLE 10, UNITED STATES CODE.—Title 10, AND ROBUST STRATEGIC DETER- warfare defense test bed program established in United States Code, is amended as follows: RENT. (1) Section 153 is amended by inserting ‘‘(a) response to title IX of the Department of De- It is the sense of Congress that, consistent fense Appropriations Act, 2002 (division A of PLANNING; ADVICE; POLICY FORMULATION.—’’ at with the national defense strategy delineated in the beginning of the text. Public Law 107–117; 115 Stat. 2289), including the Quadrennial Defense Review dated Sep- the plan and program for establishing such test (2) Section 663(e)(2) is amended by striking tember 30, 2001 (as submitted under section 118 ‘‘Armed Forces Staff College’’ and inserting beds. of title 10, United States Code), the Nuclear Pos- (7) The plans and status of the Department of ‘‘Joint Forces Staff College’’. ture Review dated January 2002, and the global Defense homeland security biological defense (3) Section 2399(a)(2) is amended— strategic environment, the President should, to program, including the plans and status of— (A) in the matter preceding subparagraph (A), (A) the biological counter terrorism research defend the Nation, deter aggressors and poten- by striking ‘‘means—’’ and inserting ‘‘means a program; tial adversaries, assure friends and allies, defeat conventional weapons system that—’’; and (B) the biological defense homeland security enemies, dissuade competitors, advance the for- (B) in subparagraph (A), by striking ‘‘a con- support program; eign policy goals and vital interests of the ventional weapons system that’’. (C) pilot programs for establishing biological United States, and generally ensure the na- (4)(A) Section 2410h is transferred to the end defense test beds on Department of Defense in- tional security of the United States, take the fol- of subchapter IV of chapter 87 and is redesig- stallations and in selected urban areas of the lowing actions: nated as section 1747. United States; (1) Maintain an operationally deployed stra- (B) The item relating to that section in the (D) programs for expanding the capacity of tegic force of not less than 1,700 nuclear weap- table of sections at the beginning of chapter 141 the Department of Defense to meet increased de- ons for immediate and unexpected contin- is transferred to the end of the table of sections mand for vaccines against biological agents; and gencies. at the beginning of subchapter IV of chapter 87 (E) any plans to coordinate Department of (2) Maintain a responsive force of non-de- and is amended to reflect the redesignation Defense work in biological defense programs ployed nuclear weapons for potential contin- made by subparagraph (A). with other Federal, State, and local programs. gencies at readiness and numerical levels deter- (5) Section 2677 is amended by striking sub- (8) Recommendations for legislative changes mined to be— section (c). that may be required to execute the roles and (A) essential to the execution of the Single In- (6) Section 2680(e) is amended by striking missions set forth in Department of Defense tegrated Operational Plan; or ‘‘the’’ after ‘‘the Committee on’’ the first place homeland security plans. (B) necessary to maintain strategic flexibility it appears. SEC. 1018. REPORT ON EFFECTS OF NUCLEAR and capability in accordance with the findings (7) Section 2815(b) is amended by striking ‘‘for EARTH PENETRATOR WEAPONS AND and conclusions of such Nuclear Posture Re- fiscal year 2003 and each fiscal year thereafter’’ OTHER WEAPONS. view. and inserting ‘‘for any fiscal year’’. (a) NAS STUDY.—The Secretary of Defense (3) Develop advanced conventional weapons, (8) Section 2828(b)(2) is amended by inserting shall request the National Academy of Sciences and nuclear weapons, capable of destroying— ‘‘time’’ after ‘‘from time to’’.

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(b) TITLE 37, UNITED STATES CODE.—Title 37, (b) CONDITION OF CONVEYANCE.—The convey- (b) GENERAL SCHEDULE PAY RATES.—Section United States Code, is amended as follows: ance under subsection (a) shall be subject to the 5545(d) of such title is amended by inserting be- (1) Section 302j(a) is amended by striking condition that the purchaser agree to retain the fore the period at the end of the first sentence ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’. drydock on Swan Island in Portland, Oregon, the following: ‘‘, and for any hardship or haz- (2) Section 324(b) is amended by striking ‘‘(1)’’ until at least September 30, 2007. ard related to asbestos, such differentials shall before ‘‘The Secretary’’. (c) CONSIDERATION.—As consideration for the be determined by applying occupational safety (c) PUBLIC LAW 107–107.—Effective as of De- conveyance of the drydock under subsection (a), and health standards consistent with the per- cember 28, 2001, and as if included therein as the purchaser shall pay to the Secretary an missible exposure limit promulgated by the Sec- enacted, the National Defense Authorization amount equal to the fair market value of the retary of Labor under the Occupational Safety Act for Fiscal Year 2002 (Public Law 107–107) is drydock at the time of the conveyance, as deter- and Health Act of 1970’’. amended as follows: mined by the Secretary. (c) APPLICABILITY.—Subject to any vested (1) Section 602(a)(2) (115 Stat. 1132) is amend- (d) ADDITIONAL TERMS AND CONDITIONS.—The constitutional property rights, any administra- ed by striking ‘‘an’’ in the first quoted matter. Secretary may require such additional terms tive or judicial determination after the date of (2) Section 1410(a)(3)(C) (115 Stat. 1266) by in- and conditions in connection with the convey- enactment of this Act concerning backpay for a serting ‘‘both places it appears’’ before ‘‘and in- ance under subsection (a) as the Secretary con- differential established under sections 5343(c)(4) serting’’. siders appropriate to protect the interests of the or 5545(d) of such title shall be based on occupa- (3) Section 3007(d)(1)(C) (115 Stat. 1352) is United States. tional safety and health standards described in amended by striking ‘‘2905(b)(7)(B)(iv)’’ and in- the amendments made by subsections (a) and SEC. 1026. ADDITIONAL WEAPONS OF MASS DE- serting ‘‘2905(b)(7)(C)(iv)’’. (b). (d) PUBLIC LAW 106–398.—Effective as of Octo- STRUCTION CIVIL SUPPORT TEAMS. SEC. 1104. CONTINUATION OF FEDERAL EM- (a) SENSE OF CONGRESS.—It is the sense of ber 30, 2000, and as if included therein as en- PLOYEE HEALTH BENEFITS PRO- acted, the Floyd D. Spence National Defense Congress that the Secretary of Defense should— GRAM ELIGIBILITY. Authorization Act for Fiscal Year 2001 (as en- (1) establish 23 additional teams designated as Paragraph (4)(B) of section 8905a(d) of title 5, acted into law by Public Law 106–398) is amend- Weapons of Mass Destruction Civil Support United States Code, is amended— ed as follows: Teams (for a total of 55 such teams); and (1) in clause (i), by striking ‘‘2003’’ and insert- (1) Section 577(b)(2) (114 Stat. 1654A–140) is (2) ensure that of such 55 teams there is at ing ‘‘2006’’; and amended by striking ‘‘Federal’’ in the quoted least one team established for each State and (2) in clause (ii)— matter and inserting ‘‘Department of Defense’’. territory. (A) by striking ‘‘2004’’ and inserting ‘‘2007’’; (2) Section 612(c)(4)(B) (114 Stat. 1654A–150) is (b) STATE AND TERRITORY DEFINED.—In this and amended by striking the comma at the end of section, the term ‘‘State and territory’’ means (B) by striking ‘‘2003’’ and inserting ‘‘2006’’. the first quoted matter. the several States, the District of Columbia, SEC. 1105. TRIENNIAL FULL-SCALE FEDERAL (e) PUBLIC LAW 106–65.—The National De- Puerto Rico, Guam, and the Virgin Islands. WAGE SYSTEM WAGE SURVEYS. Section 5343(b) of title 5, United States Code, fense Authorization Act for Fiscal Year 2000 TITLE XI—CIVILIAN PERSONNEL MATTERS (Public Law 106–65) is amended as follows: is amended— (1) Section 573(b) (10 U.S.C. 513 note) is SEC. 1101. ELIGIBILITY OF DEPARTMENT OF DE- (1) in the first sentence, by striking ‘‘2 years’’ amended by inserting a period at the end of FENSE NONAPPROPRIATED FUND and inserting ‘‘3 years’’; and EMPLOYEES FOR LONG-TERM CARE (2) in the second sentence, by striking the pe- paragraph (2). INSURANCE. (2) Section 1305(6) (22 U.S.C. 5952 note) is riod at the end and inserting ‘‘, based on cri- (a) IN GENERAL.—Section 9001(1) of title 5, amended by striking the first period after ‘‘facil- teria developed by the Office.’’. United States Code, is amended— ity’’. (1) in subparagraph (B), by striking ‘‘and’’; TITLE XII—MATTERS RELATING TO OTHER (f) TITLE 14, UNITED STATES CODE.—Section (2) in subparagraph (C), by striking the NATIONS 516(c) of title 14, United States Code, is amended comma at the end and inserting ‘‘; and’’; and SEC. 1201. SUPPORT OF UNITED NATIONS-SPON- by striking ‘‘his section’’ and inserting ‘‘this (3) by inserting after subparagraph (C) the SORED EFFORTS TO INSPECT AND section’’. MONITOR IRAQI WEAPONS ACTIVI- following new subparagraph: TIES. SEC. 1024. WAR RISK INSURANCE FOR VESSELS IN ‘‘(D) an employee of a nonappropriated fund SUPPORT OF NATO-APPROVED OPER- (a) LIMITATION ON AMOUNT OF ASSISTANCE IN ATIONS. instrumentality of the Department of Defense FISCAL YEAR 2003.—The total amount of the as- Section 1205 of the Merchant Marine Act, 1936 described in section 2105(c),’’. sistance for fiscal year 2003 that is provided by (46 App. U.S.C. 1285) is amended by adding at (b) DISCRETIONARY AUTHORITY.—Section 9002 the Secretary of Defense under section 1505 of the end the following: of such title is amended— the Weapons of Mass Destruction Control Act of ‘‘(c) INSURANCE OF VESSELS IN SUPPORT OF (1) by redesignating subsections (b), (c), (d), 1992 (22 U.S.C. 5859a) as activities of the De- NATO-APPROVED OPERATIONS.—(1) Upon re- and (e) as subsections (c), (d), (e), and (f), re- partment of Defense in support of activities quest made under subsection (b), the Secretary spectively; and under that Act may not exceed $15,000,000. may provide insurance for a vessel, regardless of (2) by inserting after subsection (a) the fol- (b) EXTENSION OF AUTHORITY TO PROVIDE AS- the country in which the vessel is registered and lowing new subsection (b): SISTANCE.—Subsection (f) of section 1505 of the the citizenship of its owners, that is supporting ‘‘(b) DISCRETIONARY AUTHORITY REGARDING Weapons of Mass Destruction Control Act of a military operation approved by the North At- NONAPPROPRIATED FUND INSTRUMENTALITIES.— 1992 (22 U.S.C. 5859a) is amended by striking lantic Council, including a vessel that is not op- The Secretary of Defense may determine that a ‘‘2002’’ and inserting ‘‘2003’’. erating under contract with a department or nonappropriated fund instrumentality of the SEC. 1202. STRENGTHENING THE DEFENSE OF agency of the United States. Department of Defense is covered under this TAIWAN. ‘‘(2) If a vessel is insured under paragraph (1) chapter or is covered under an alternative long- (a) IMPLEMENTATION OF TRAINING PLAN.—Not in response to a request made pursuant to an term care insurance program.’’. later than 180 days after the date of enactment international agreement providing for the shar- SEC. 1102. EXTENSION OF DEPARTMENT OF DE- of this Act, the Secretary of Defense shall imple- ing among nations of the risks involved in mu- FENSE AUTHORITY TO MAKE LUMP- ment a comprehensive plan to conduct joint tual or joint operations, the Secretary of Trans- SUM SEVERANCE PAYMENTS. operational training for, and exchanges of sen- portation, with the concurrence of the Secretary (a) IN GENERAL.—Section 5595(i)(4) of title 5, ior officers between, the Armed Forces of the of State, may seek from another nation that is United States Code, is amended by striking United States and the military forces of Taiwan. a party to such agreement a commitment to in- ‘‘2003’’ and inserting ‘‘2006’’. Such plan shall include implementation of a demnify the United States for any amounts paid (b) REPORT.—Not later than one year after wide range of programs, activities, exercises, by the United States for claims against such in- the date of the enactment of this Act, the Presi- and arrangements focused on threat analysis, surance. dent shall submit to Congress a report including military doctrine, force planning, logistical sup- ‘‘(3) Amounts received by the United States as recommendations whether the authority under port, intelligence collection and analysis, oper- indemnity from a nation pursuant to paragraph section 5595(i) of title 5, United States Code, ational tactics, techniques, and procedures, (2) shall be deposited into the insurance fund should be made permanent or expanded to be civil-military relations, and other subjects de- created under section 1208. made Governmentwide. signed to improve the defensive capabilities of ‘‘(4) Any obligation of a department or agency SEC. 1103. COMMON OCCUPATIONAL AND HEALTH Taiwan and to enhance interoperability be- of the United States to indemnify the Secretary STANDARDS FOR DIFFERENTIAL tween the military forces of Taiwan and the or the insurance fund for any claim against in- PAYMENTS AS A CONSEQUENCE OF Armed Forces of the United States. surance provided under this subsection is extin- EXPOSURE TO ASBESTOS. (b) SUBMISSION TO CONGRESS.—At least 30 guished to the extent of any indemnification re- (a) PREVAILING RATE SYSTEMS.—Section days before commencing implementation of the ceived from a nation pursuant to paragraph (2) 5343(c)(4) of title 5, United States Code, is plan described in subsection (a), the Secretary with respect to the claim.’’. amended by inserting before the semicolon at of Defense shall submit the plan to Congress, in SEC. 1025. CONVEYANCE, NAVY DRYDOCK, PORT- the end the following: ‘‘, and for any hardship classified and unclassified form as necessary. LAND, OREGON. or hazard related to asbestos, such differentials SEC. 1203. ADMINISTRATIVE SERVICES AND SUP- (a) CONVEYANCE AUTHORIZED.—The Secretary shall be determined by applying occupational PORT FOR FOREIGN LIAISON OFFI- of the Navy may sell Navy Drydock No. YFD-69, safety and health standards consistent with the CERS. located in Portland, Oregon, to Portland Ship- permissible exposure limit promulgated by the (a) AUTHORITY.—Subchapter II of chapter 138 yard, LLC, which is the current user of the dry- Secretary of Labor under the Occupational of title 10, United States Code, is amended by dock. Safety and Health Act of 1970’’. adding at the end the following new section:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.027 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2309 ‘‘§ 2350m. Administrative services and support of Representatives a copy of each agreement re- (3) For nuclear weapons transportation secu- for foreign liaison officers ferred to in paragraphs (1) and (2); and rity in Russia, $19,700,000. ‘‘(a) AUTHORITY TO PROVIDE SERVICES AND (4) a period of 30 days has expired after the (4) For nuclear weapons storage security in SUPPORT.—The Secretary of Defense may pro- date of the final submission under paragraph Russia, $39,900,000. vide administrative services and support for for- (3). (5) For activities designated as Other Assess- eign liaison officers performing duties while (b) JOINT DATA EXCHANGE CENTER.—For pur- ments/Administrative Support, $14,700,000. such officers temporarily are assigned to compo- poses of this section, the term ‘‘Joint Data Ex- (6) For defense and military contacts, nents or commands of the armed forces. Such change Center’’ means the United States-Rus- $18,900,000. administrative services and support may include sian Federation joint center for the exchange of (7) For weapons of mass destruction infra- base or installation operation support services, data to provide early warning of launches of structure elimination activities in Kazakhstan, office space, utilities, copying services, fire and ballistic missiles and for notification of such $9,000,000. (8) For weapons of mass destruction infra- police protection, and computer support. The launches that is provided for in a joint United structure elimination activities in Ukraine, Secretary may provide such administrative serv- States-Russian Federation memorandum of $8,800,000. ices and support with or without reimbursement, agreement signed in Moscow in June 2000. (9) For chemical weapons destruction in Rus- as the Secretary considers appropriate. SEC. 1206. LIMITATION ON NUMBER OF MILITARY sia, $50,000,000. ‘‘(b) EXPIRATION OF AUTHORITY.—The author- PERSONNEL IN COLOMBIA. (10) For biological weapons facility dismantle- ity under this section shall expire on September (a) LIMITATION.—None of the funds available ment in the States of the former Soviet Union 30, 2005.’’. to the Department of Defense may be used to $11,500,000. (b) CLERICAL AMENDMENT.—The table of sec- support or maintain more than 500 members of (11) For biological weapons facility security tions at the beginning of such subchapter is the Armed Forces on duty in the Republic of Co- and safety in the States of the former Soviet amended by adding at the end the following lombia at any time. Union, $34,800,000.– (b) EXCEPTIONS.—There shall be excluded new item: (12) For biological weapons collaborative re- from counting for the purposes of the limitation ‘‘2350m. Administrative services and support for search in the States of the former Soviet Union, foreign liaison officers.’’. in subsection (a) the following: (1) A member of the Armed Forces in the Re- $8,700,000. (13) For personnel reliability programs in Rus- (c) REPORT.—Not later than March 1, 2005, public of Colombia for the purpose of rescuing sia, $100,000. the Secretary of Defense shall provide to the or retrieving United States military or civilian (14) For weapons of mass destruction pro- Committees on Armed Services of the Senate and Government personnel, except that the period liferation prevention in the States of the former the House of Representatives a report describ- for which such a member may be so excluded Soviet Union, $40,000,000. ing, as of the date of submission of the report— may not exceed 30 days unless expressly author- (1) the number of foreign liaison officers for (b) ADDITIONAL FUNDS AUTHORIZED FOR CER- ized by law. TAIN PURPOSES.—Of the funds authorized to be which support has been provided under section (2) A member of the Armed Forces assigned to appropriated to the Department of Defense for 2350m of title 10, United States Code (as added the United States Embassy in Colombia as an fiscal year 2003 in section 301(23) for Coopera- by subsection (a)); attache´, as a member of the security assistance (2) the countries from which such foreign liai- tive Threat Reduction programs, $83,600,000 may office, or as a member of the Marine Corps secu- son officers are or were assigned; be obligated for any of the purposes specified in rity contingent. (3) the type of support provided, the duration paragraphs (1) through (4) and (9) of subsection (3) A member of the Armed Forces in Colombia for which the support was provided, and the (a) in addition to the amounts specifically au- to participate in relief efforts in responding to a reasons the support was provided; and thorized in such paragraphs. natural disaster. (4) the costs to the Department of Defense and (c) REPORT ON OBLIGATION OR EXPENDITURE (4) Nonoperational transient military per- the United States of providing such support. OF FUNDS FOR OTHER PURPOSES.—No fiscal year sonnel. 2003 Cooperative Threat Reduction funds may SEC. 1204. ADDITIONAL COUNTRIES COVERED BY (5) A member of the Armed Forces making a be obligated or expended for a purpose other LOAN GUARANTEE PROGRAM. port call from a military vessel in Colombia. Section 2540 of title 10, United States Code, is than a purpose listed in paragraphs (1) through (c) WAIVER.—The Secretary of Defense may (14) of subsection (a) until 30 days after the date amended— waive the limitation in subsection (a) if he de- that the Secretary of Defense submits to Con- (1) in subsection (b), by adding at the end the termines that such waiver is in the national se- gress a report on the purpose for which the following new paragraph: curity interest. ‘‘(5) A country that, as determined by the Sec- funds will be obligated or expended and the (d) NOTIFICATION.—The Secretary shall notify retary of Defense in consultation with the Sec- the congressional defense committees not later amount of funds to be obligated or expended. retary of State, assists in combatting drug traf- 15 days after the date of the exercise of the Nothing in the preceding sentence shall be con- ficking organizations or foreign terrorist organi- waiver authority under subsection (c). strued as authorizing the obligation or expendi- zations.’’; and ture of fiscal year 2003 Cooperative Threat Re- (2) by adding at the end the following new TITLE XIII—COOPERATIVE THREAT RE- duction funds for a purpose for which the obli- subsection: DUCTION WITH STATES OF THE FORMER gation or expenditure of such funds is specifi- ‘‘(d) REPORT.—The Secretary of Defense and SOVIET UNION cally prohibited under this title or any other the Secretary of State, whenever the Secretaries SEC. 1301. SPECIFICATION OF COOPERATIVE provision of law. consider such action to be warranted, shall THREAT REDUCTION PROGRAMS (d) LIMITED AUTHORITY TO VARY INDIVIDUAL jointly submit to the Committees on Armed Serv- AND FUNDS. AMOUNTS.—(1) Subject to paragraphs (2) and ices and Foreign Relations of the Senate and (a) SPECIFICATION OF CTR PROGRAMS.—For (3), in any case in which the Secretary of De- the Committees on Armed Services and Inter- purposes of section 301 and other provisions of fense determines that it is necessary to do so in national Relations of the House of Representa- this Act, Cooperative Threat Reduction pro- the national interest, the Secretary may obligate tives a report enumerating those countries to be grams are the programs specified in section amounts appropriated for fiscal year 2003 for a added or removed under subsection (b).’’. 1501(b) of the National Defense Authorization purpose listed in any of the paragraphs in sub- SEC. 1205. LIMITATION ON FUNDING FOR JOINT Act for Fiscal Year 1997 (Public Law 104–201; section (a) in excess of the amount specifically DATA EXCHANGE CENTER IN MOS- 110 Stat. 2731; 50 U.S.C. 2362 note). authorized for such purpose (including amounts COW. (b) FISCAL YEAR 2003 COOPERATIVE THREAT authorized under subsection (b)). (a) LIMITATION.—Not more than 50 percent of REDUCTION FUNDS DEFINED.—As used in this (2) An obligation of funds for a purpose stated the funds made available to the Department of title, the term ‘‘fiscal year 2003 Cooperative in any of the paragraphs in subsection (a) in ex- Defense for fiscal year 2003 for activities associ- Threat Reduction funds’’ means the funds ap- cess of the specific amount authorized for such ated with the Joint Data Exchange Center in propriated pursuant to the authorization of ap- purpose may be made using the authority pro- Moscow, Russia, may be obligated or expended propriations in section 301 for Cooperative vided in paragraph (1) only after— for any such activity until— Threat Reduction programs. (A) the Secretary submits to Congress notifica- (1) the United States and the Russian Federa- (c) AVAILABILITY OF FUNDS.—Funds appro- tion of the intent to do so together with a com- tion enter into a cost-sharing agreement as de- priated pursuant to the authorization of appro- plete discussion of the justification for doing so; scribed in subsection (d) of section 1231 of the priations in section 301 for Cooperative Threat and Floyd D. Spence National Defense Authoriza- Reduction programs shall be available for obli- (B) 15 days have elapsed following the date of tion Act for Fiscal Year 2001 (as enacted into gation for three fiscal years. the notification. law by Public Law 106–398; 114 Stat. 1654A–329); SEC. 1302. FUNDING ALLOCATIONS. (3) The Secretary may not, under the author- (2) the United States and the Russian Federa- (a) FUNDING FOR SPECIFIC PURPOSES.—Of the ity provided in paragraph (1), obligate amounts tion enter into an agreement or agreements ex- $416,700,000 authorized to be appropriated to the for the purposes stated any of paragraphs (5) empting the United States and any United Department of Defense for fiscal year 2003 in through (13) of subsection (a) in excess of 115 States person from Russian taxes, and from li- section 301(23) for Cooperative Threat Reduction percent of the amount specifically authorized ability under Russian laws, with respect to ac- programs, the following amounts may be obli- for such purposes. tivities associated with the Joint Data Exchange gated for the purposes specified: SEC. 1303. PROHIBITION AGAINST USE OF FUNDS Center; (1) For strategic offensive arms elimination in UNTIL SUBMISSION OF REPORTS. (3) the Secretary of Defense submits to the Russia, $70,500,000. No fiscal year 2003 Cooperative Threat Reduc- Committee on Armed Services of the Senate and (2) For strategic nuclear arms elimination in tion funds may be obligated or expended until 30 the Committee on Armed Services of the House Ukraine, $6,500,000. days after the date of the submission of—

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.027 pfrm15 PsN: H09PT1 H2310 CONGRESSIONAL RECORD — HOUSE May 9, 2002 (1) the report required to be submitted in fiscal form as necessary) describing in detail Russian ligated or expended for defense and military year 2002 under section 1308(a) of the Floyd D. proliferation of weapons of mass destruction contacts activities until the Secretary of Defense Spence National Defense Authorization Act for and ballistic missile goods, technology, and submits to Congress a report describing in detail Fiscal Year 2001 (as enacted into law by Public know-how, and of dual-use items that may con- the operation and success of such activities car- Law 106–398; 114 Stat. 1654A–341); and tribute to the development of weapons of mass ried out under Cooperative Threat Reduction (2) the update for the multiyear plan required destruction and ballistic missiles, to Iran and to programs during fiscal years 2001 and 2002. to be submitted for fiscal year 2001 under section other countries during the year preceding the Such report shall include a description of— 1205 of the National Defense Authorization Act year in which the report is submitted. The re- (1) the amounts obligated or expended for for Fiscal Year 1995 (Public Law 103–337; 22 port shall include— such activities; U.S.C. 5952 note). (1) a net assessment prepared by the Office of (2) the purposes, goals, and objectives for SEC. 1304. REPORT ON USE OF REVENUE GEN- Net Assessment of the Department of Defense; which such amounts were obligated and ex- ERATED BY ACTIVITIES CARRIED and pended; OUT UNDER COOPERATIVE THREAT (2) a detailed description of the following: (3) a description of the activities carried out, REDUCTION PROGRAMS. (A) The number, type, and quality of direct including the forms of assistance provided, and Section 1308(c) of the Floyd D. Spence Na- and dual-use weapons of mass destruction and the justification for each form of assistance pro- tional Defense Authorization Act for Fiscal ballistic missile goods, items, and technology vided; Year 2001 (as enacted into law by Public Law being transferred. (4) the success of each activity, including the 106–398; 114 Stat. 1654A–341) is amended by in- (B) The form, location, and manner in which goals and objectives achieved for each; serting at the end the following new paragraph: such transfers take place. (5) a description of participation by private ‘‘(6) To the maximum extent practicable, a de- (C) The contribution that such transfers could sector entities in the United States in carrying scription of how revenue generated by activities make to the recipient States’ weapons of mass out such activities, and the participation of any carried out under Cooperative Threat Reduction destruction and ballistic missile programs, and other Federal department or agency in such ac- programs in recipient States is being utilized, how soon such States will test, possess, and de- tivities; and monitored, and accounted for.’’. ploy weapons of mass destruction and ballistic (6) any other information that the Secretary SEC. 1305. PROHIBITION AGAINST USE OF FUNDS missiles. considers relevant to provide a complete descrip- (D) The impact that such transfers have, or FOR SECOND WING OF FISSILE MA- tion of the operation and success of activities could have, on United States national security, TERIAL STORAGE FACILITY. carried out under Cooperative Threat Reduction on regional friends, allies, and interests, and on No funds authorized to be appropriated for programs. Cooperative Threat Reduction programs for any United States military forces deployed in the re- TITLE XIV—UTAH TEST AND TRAINING fiscal year may be used for the design, planning, gion to which such transfers are being made. RANGE or construction of a second wing for a storage (E) The actions being taken by the United facility for Russian fissile material. States to counter and defend against capabili- SEC. 1401. DEFINITION OF UTAH TEST AND TRAINING RANGE. SEC. 1306. SENSE OF CONGRESS AND REPORT RE- ties developed by the recipient States as a result QUIREMENT REGARDING RUSSIAN of such transfers. In this title, the term ‘‘Utah Test and Train- PROLIFERATION TO IRAN. (F) The strategy, plan, or policy incorporating ing Range’’ means those portions of the military (a) SENSE OF CONGRESS.—It is the sense of the full range of policy tools available that the operating area of the Utah Test and Training Congress that— President intends to employ to halt Russian pro- Area located solely in the State of Utah. The (1) Russian proliferation to Iran constitutes a liferation, the rationale for employing such term includes the Dugway Proving Ground. clear threat to the national security and vital tools, and the timeline by which the President SEC. 1402. MILITARY OPERATIONS AND OVER- interests of the United States and undermines expects to see material progress in ending Rus- FLIGHTS AT UTAH TEST AND TRAIN- the purpose and goals of Cooperative Threat Re- sian proliferation of direct and dual-use weap- ING RANGE. duction programs; ons of mass destruction and missile goods, tech- (a) FINDINGS.—The Congress finds the fol- (2) such proliferation consists primarily of nu- nologies, and know-how. lowing: clear and missile technology, goods, and know- SEC. 1307. PROHIBITION AGAINST USE OF COOP- (1) The testing and development of military how, and dual-use items that could contribute ERATIVE THREAT REDUCTION weapons systems and the training of military to the development of weapons of mass destruc- FUNDS OUTSIDE THE STATES OF forces are critical to ensuring the national secu- THE FORMER SOVIET UNION. tion and ballistic missiles; rity of the United States. No Cooperative Threat Reduction funds au- (3) because of ongoing Russian assistance, the (2) The Utah Test and Training Range is a thorized or appropriated for any fiscal year may intelligence community estimates that Iran unique and irreplaceable national asset at the be used for threat reduction projects, programs, could attempt to launch an intercontinental bal- core of the test and training mission of the De- or activities in countries other than the States of listic missile by 2005, and could possess a nu- partment of Defense. the former Soviet Union. clear weapon by 2010; (3) Areas designated as wilderness study areas (4) Russian proliferation is providing Iran SEC. 1308. LIMITED WAIVER OF RESTRICTION ON are located near lands withdrawn for military with the capability to strike United States mili- USE OF FUNDS. use and are beneath special use airspace critical (a) WAIVER AUTHORITY.—(1) The restriction tary forces, interests, allies, and friends in the to the support of military test and training mis- described in subsection (d)(5) of section 1203 of region with weapons-of-mass-destruction-tipped sions at the Utah Test and Training Range. the National Defense Authorization Act for Fis- ballistic missiles; (4) Continued unrestricted access to the spe- cal Year 1994 (Public Law 103–160; 107 Stat. (5) the issue of Russian proliferation to Iran cial use airspace and lands that comprise the 1779; 22 U.S.C. 5952) shall not apply with respect has been raised by United States officials at the Utah Test and Training Range is a national se- to United States assistance to Russia if the highest levels of the Russian Government; curity priority and is not incompatible with the (6) Iran has long been identified as a State President submits to Congress a written certifi- protection and proper management of the nat- sponsor of terrorism by the United States be- cation that waiving the restriction is important ural, environmental, cultural, and other re- cause of its support of foreign terrorist organi- to the national security interests of the United sources of such lands. zations, and the combination of terrorist organi- States. (b) OVERFLIGHTS.—(1) Nothing in this title, (2) The authority under paragraph (1) shall zations and weapons of mass destruction con- the Wilderness Act (16 U.S.C. 1131 et seq.), or expire on December 31, 2005. stitutes a grave threat to the national security other land management laws generally applica- (b) REPORT.—Not later than 30 days after the ble to federally designated wilderness areas or of the United States; date that the President applies the waiver au- (7) Russian proliferation to Iran raises serious wilderness study areas in the Utah Test and thority under subsection (a), the President shall questions regarding the intentions of the Rus- Training Range shall restrict or preclude low- submit to Congress a report (in classified and sian Government, and its commitment to non- level overflights, low-level military overflights unclassified form as necessary) describing— proliferation and improved relations with the (1) the arms control agreements with which and operations of military aircraft, helicopters, United States; Russia is not committed to complying, the form unmanned aerial vehicles, military overflights (8) Russian proliferation to Iran could under- or forms of noncommittal, and detailed evidence or military overflights and operations that can mine Congressional support for Cooperative of such noncommittal; be seen or heard within those areas. Threat Reduction programs; and (2) why use of the waiver of authority was im- (2) Paragraph (1) precludes any restriction re- (9) the President must safeguard United States portant to protect national security interests; garding altitude or airspeed, noise level, super- national security and demonstrate United States and sonic flight, route of flight, time of flight, sea- resolve and commitment to stopping the pro- (3) a strategy, plan, or policy incorporating sonal usage, or numbers of flights of any mili- liferation of weapons of mass destruction and the full range of policy tools available to the tary aircraft, helicopters, unmanned aerial vehi- ballistic missiles through clear, firm, and coher- President for promoting Russian commitment to, cles, missiles, aerospace vehicles, and other mili- ent policies and strategies that employ the full and compliance with, all relevant arms control tary weapons systems over federally designated range of diplomatic and economic tools at his agreements. wilderness areas or wilderness study areas in disposal, both positive and negative, to halt the SEC. 1309. LIMITATION ON USE OF FUNDS UNTIL the Utah Test and Training Range. serious and continuing problem of Russian pro- SUBMISSION OF REPORT ON DE- (3) In this subsection, the term ‘‘low-level’’ in- liferation. FENSE AND MILITARY CONTACTS AC- cludes any flight down to and including 10 feet (b) REPORT.—Not later than March 15 of 2003 TIVITIES. above ground level. through 2009, the President shall submit to Con- Not more than 50 percent of fiscal year 2003 (c) SPECIAL USE AIRSPACE AND TRAINING gress a report (in unclassified and classified Cooperative Threat Reduction Funds may be ob- ROUTES.—Nothing in this title, the Wilderness

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2311 Act, or other land management laws generally (2) Those lands that were acquired by the market value under this subsection by purchase applicable to federally designated wilderness United States through donation, exchange, or from willing sellers, by exchange for lands of areas or wilderness study areas in the Utah Test other method of acquisition and— approximately equal value, or by donation. and Training Range shall restrict or preclude (A) are located entirely within the areas iden- (4) In furtherance of the purposes and prin- the designation of new units of special use air- tified in paragraph (1); or ciples of the Wilderness Act, management activi- space, the expansion of existing units of special (B) are located within a logical extension of ties to maintain or restore fish and wildlife pop- use airspace, or the use or establishment of mili- the boundaries of the areas identified in para- ulations and the habitats to support such popu- tary training routes over federally designated graph (1). lations may be carried out within the areas des- wilderness areas or wilderness study areas in (b) PLANNING PROCESS FOR FEDERAL LANDS IN ignated as wilderness by this title where con- the Utah Test and Training Range. UTAH TEST AND TRAINING RANGE.—(1) The Sec- sistent with relevant wilderness management (d) COMMUNICATIONS AND TRACKING SYS- retary of the Interior shall not continue the plans, in accordance with appropriate policies TEMS.—Nothing in this title, the Wilderness Act, plan amendment process initiated pursuant to and guidelines such as those set forth in appen- or other land management laws generally appli- section 202 of Public Law 94–579 (43 U.S.C. 1712) dix B of the Report of the Committee on Interior cable to federally designated wilderness areas or and published in the Federal Register on March and Insular Affairs to accompany H.R. 2570 of wilderness study areas in the Utah Test and 18, 1999 (64 Fed. Reg. 13439), for Federal lands the 101st Congress (H. Rept. 101–405). Training Range shall be construed to require located in the Utah Test and Training Range. (5) Within the areas designated as wilderness the removal of existing communications, instru- (2) The Secretary of the Interior shall not de- mentation, or electronic tracking systems from by this title, the grazing of livestock, where es- velop, maintain, or revise land use plans pursu- tablished before the date of the enactment of these areas, to prevent any required mainte- ant to section 202 of Public Law 94–579 (43 nance of such systems, or to prevent the instal- this Act, shall be permitted to continue subject U.S.C. 1712) for Federal lands located in the to such reasonable regulations, policies, and lation of new communication, instrumentation, Utah Test and Training Range without the or other equipment necessary for effective test- practices as the Secretary of the Interior con- prior concurrence of the Secretary of the Air siders necessary, as long as such regulations, ing and training to meet military requirements Force and the Commander-in-Chief of the mili- so long as the installation and maintenance of policies, and practices fully conform with and tary forces of the State of Utah. implement the intent of Congress regarding such systems do not require construction of any (c) WITHDRAWAL.—Subject to valid existing permanent roads in any federally designated grazing in such areas, as such intent is ex- rights, the Federal lands in the areas designated pressed in the Wilderness Act, section 101(f) of wilderness area or wilderness study area. as wilderness by this title are hereby withdrawn (e) EMERGENCY ACCESS AND RESPONSE.—(1) Public Law 101–628, and House Report 101–405, from all forms of entry, appropriation, or dis- Appendix A. Nothing in this title, the Wilderness Act, or posal under the public land laws, from location, (6) Congress does not intend for the designa- other land management laws generally applica- entry, and patent under the United States min- tion of the wilderness in this title to lead to the ble to federally designated wilderness areas or ing laws, and from disposition under all laws wilderness study areas in the Utah Test and creation of protective perimeters or buffer zones pertaining to mineral and geothermal leasing, Training Range shall restrict or preclude timely around any area designated as wilderness by and mineral materials, and all amendments to access to any area necessary to respond to emer- this title. The fact that nonwilderness activities such laws. gency situations. Immediate access, including or uses can be seen or heard within the areas (d) WATER.—Nothing in this title or any ac- access for emergency and rescue vehicles and designated as wilderness by this title shall not, tion taken pursuant to this title shall constitute equipment, shall not be restricted if human life of itself, preclude such activities or uses up to an express or implied reservation of surface or or health may be in jeopardy. the boundary of that wilderness. groundwater by any person, including the (2) Not later than 120 days after the date of United States. Nothing in this title affects any (7) Until completion of a full revision of the the enactment of this Act, the Secretary of the valid existing water rights in existence before Pony Express Area Resource Management Plan, Air Force and the Secretary of Interior shall dated January 12, 1990, by the Salt Lake Field enter into a memorandum of understanding pro- the date of the enactment of this Act, including any water rights held by the United States. If Office of the Bureau of Land Management, the viding formal procedures for access to the feder- Secretary of Interior shall not grant or issue ally designated wilderness areas or wilderness the United States determines that additional water resources are needed for the purposes of any authorizations pursuant to section 501(a)(6) study areas that are located beneath airspace of of Public Law 94–579 (43 U.S.C. 1761(a)(6)) upon the Utah Test and Training Range, which may this title, the United States shall acquire such rights in accordance with the water laws of the Federal lands identified as inventory units be necessary to respond to emergency situations, UTU-020-088, UTU-020-095, UTU-020-096, and to rescue downed aircrew members, to inves- State of Utah. (e) MAP AND DESCRIPTION.—(1) As soon as UTU-020-100, as generally depicted on the map tigate accident locations, to recover military air- entitled ‘‘Wilderness Inventory, State of Utah’’, craft or other weapons systems, and to restore practicable after the date of the enactment of dated August 1979. accident locations. Military operations in the this title, the Secretary of Interior shall transmit Utah Test and Training Range shall not be lim- a map and legal description of the areas des- SEC. 1404. DESIGNATION OF PILOT RANGE WIL- ited or restricted in any way pending completion ignated as wilderness by this title to the Com- DERNESS. of the memorandum of understanding. mittee on Resources of the House of Representa- Certain Federal lands in Box Elder County, (f) CONTROL OR RESTRICTION OF PUBLIC AC- tives and the Committee on Energy and Natural Utah, as generally depicted on the map entitled CESS.—(1) When required by national security or Resources of the Senate. ‘‘Pilot Range Wilderness’’, and dated October 1, public safety, public access to federally des- (2) The map and legal description shall have 2001, are hereby designated as wilderness, and ignated wilderness areas or wilderness study the same force and effect as if included in this shall be known as the Pilot Range Wilderness areas in the Utah Test and Training Range that title, except that the Secretary of Interior may Area. are located beneath airspace designated as spe- correct clerical and typographical errors in the map and legal description. SEC. 1405. DESIGNATION OF CEDAR MOUNTAIN cial use airspace may be controlled, restricted, WILDERNESS. or prohibited entirely. Such controls, restric- (3) The map and legal description shall be on tions, or prohibitions shall remain in force for file and available for public inspection in the of- Certain Federal lands in Tooele County, the minimum duration necessary. The Secretary fice of the Director of the Bureau of Land Man- Utah, as generally depicted on the map entitled of the Air Force shall provide advance notice of agement and the office of the State Director of ‘‘Cedar Mountain Wilderness’’, and dated May such controls, restrictions, or prohibitions to the the Bureau of Land Management in the State of 1, 2002, are hereby designated as wilderness, and Secretary of the Interior. Utah. shall be known as the Cedar Mountain Wilder- (2) Not later than 120 days after the date of (f) ADMINISTRATION.—(1) Subject to valid ex- ness Area. the enactment of this Act, the Secretary of the isting rights and this title, the areas designated DIVISION B—MILITARY CONSTRUCTION Air Force and the Secretary of Interior shall as wilderness in this title shall be administered AUTHORIZATIONS enter into a memorandum of understanding pre- by the Secretary of Interior in accordance with scribing procedures for implementing access con- the provisions of the Wilderness Act, except that SEC. 2001. SHORT TITLE. trols, restrictions, or prohibitions. Military oper- any reference in such provisions to the effective This division may be cited as the ‘‘Military ations in the Utah Test and Training Range date of the Wilderness Act (or any similar ref- Construction Authorization Act for Fiscal Year shall not be limited or restricted in any way erence) shall be deemed to be a reference to the 2003’’. date of the enactment of this Act. pending completion of the memorandum of un- TITLE XXI—ARMY derstanding. (2) Any lands or interest in lands within the SEC. 1403. DESIGNATION AND MANAGEMENT OF boundaries of an area designated as wilderness SEC. 2101. AUTHORIZED ARMY CONSTRUCTION LANDS IN UTAH TEST AND TRAINING by this title that is acquired by the United AND LAND ACQUISITION PROJECTS. RANGE. States after the date of the enactment of this (a) INSIDE THE UNITED STATES.—Using (a) DESIGNATION.—The following Federal Act shall be added to and administered as part amounts appropriated pursuant to the author- lands that are in the Utah Test and Training of the wilderness area within which the ac- ization of appropriations in section 2104(a)(1), Range are hereby designated as wilderness: quired lands or interest in lands are located. the Secretary of the Army may acquire real (1) Those lands that were managed pursuant (3) The Secretary of the Interior may offer to property and carry out military construction to the nonimpairment standard set forth in sec- acquire lands and interest in lands located projects for the installations and locations in- tion 603(c) of Public Law 94–579 (43 U.S.C. within the areas designated as wilderness by side the United States, and in the amounts, set 1782(c)) on or before January 1, 1991. this title. Such lands may be acquired at fair forth in the following table:

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State Installation or location Amount

Alabama ...... Anniston Army Depot ...... $1,900,000 Fort Rucker ...... $3,050,000 Redstone Arsenal ...... $1,950,000 Alaska ...... Fort Wainwright ...... $111,010,000 Arizona ...... Fort Huachuca ...... $10,400,000 Yuma Proving Ground ...... $4,500,000 Arkansas ...... Pine Bluff Arsenal ...... $18,937,000 California ...... Monterey Defense Language Institute ...... $1,500,000 Colorado ...... Fort Carson ...... $5,350,000 District of Columbia ...... Walter Reed Army Medical Center ...... $9,950,000 Georgia ...... Fort Benning ...... $74,250,000 Fort Stewart/Hunter Army Air Field ...... $26,000,000 Hawaii ...... Schofield Barracks ...... $191,000,000 Kansas ...... Fort Leavenworth ...... $3,150,000 Fort Riley ...... $51,950,000 Kentucky ...... Blue Grass Army Depot ...... $5,500,000 Fort Campbell ...... $106,300,000 Louisiana ...... Fort Polk ...... $31,000,000 Maryland ...... Fort Detrick ...... $22,500,000 Massachusetts ...... Natick Research Development and Engineering Center ...... $4,100,000 Missouri ...... Fort Leonard Wood ...... $15,500,000 New Jersey ...... Picatinny Arsenal ...... $7,500,000 New York ...... Fort Drum ...... $18,300,000 North Carolina ...... Fort Bragg ...... $94,900,000 Pennsylvania ...... Letterkenny Army Depot ...... $1,550,000 Texas ...... Fort Bliss ...... $10,200,000 Fort Hood ...... $85,000,000 Virginia ...... Fort Lee ...... $5,200,000 Washington ...... Fort Lewis ...... $53,800,000

Total ...... $976,247,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Belgium ...... Supreme Headquarters, Allied Powers Europe ...... $13,600,000 Germany ...... Area Support Group, Bamberg ...... $17,200,000 Campbell Barracks ...... $8,300,000 Coleman Barracks ...... $1,350,000 Darmstadt ...... $3,500,000 Grafenwoehr ...... $69,866,000 Landstuhl ...... $2,400,000 Mannheim ...... $42,000,000 Schweinfurt ...... $2,000,000 Italy ...... Vicenza ...... $34,700,000 Korea ...... Camp Carroll ...... $20,000,000 Camp Castle ...... $6,800,000 Camp Hovey ...... $25,000,000 Camp Humphreys ...... $36,000,000 Camp Henry ...... $10,000,000 K16 Airfield ...... $40,000,000 Yongsan ...... $12,600,000

Total ...... $345,316,000

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(3), the Secretary of the Army may acquire real property and carry out military construction projects for the installation and location, and in the amount, set forth in the following table:

Army: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide ...... Unspecified Worldwide ...... $4,000,000

SEC. 2102. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Sec- retary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations, for the purposes, and in the amounts set forth in the following table:

Army: Family Housing

State or Country Installation or location Purpose Amount

Alaska ...... Fort Wainwright ...... 38 Units ...... $17,752,000 Arizona ...... Yuma Proving Ground ...... 33 Units ...... $6,100,000 Germany ...... Stuttgart ...... 1 Unit ...... $990,000 Korea ...... Yongsan ...... 10 Units ...... $3,100,000

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State or Country Installation or location Purpose Amount

Total: ...... $27,942,000

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $15,653,000. SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $234,831,000. SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2002, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $2,935,609,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $803,247,000. (2) For military construction projects outside the United States authorized by section 2101(b), $345,316,000. (3) For military construction projects at unspecified worldwide locations authorized by section 2101(c), $4,000,000. (4) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $21,550,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $158,796,000. (6) For military family housing functions: (A) For construction and acquisition, planning and design and improvement of military family housing and facilities, $278,426,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $1,122,274,000. (7) For the construction of phase 3 of a barracks complex, Butner Road, at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2001 (division B of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, as enacted into law by Public Law 106–398; 114 Stat. 1654A–389), $50,000,000. (8) For the construction of phase 2 of a barracks complex, D Street, at Fort Richardson, Alaska, authorized by section 2101(a) of the Military Con- struction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1280), $21,000,000. (9) For the construction of phase 2 of a barracks complex, Nelson Boulevard, at Fort Carson, Colorado, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1280), as amended by section 2105 of this Act, $42,000,000. (10) For the construction of phase 2 of a basic combat trainee complex at Fort Jackson, South Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1280), as amended by section 2105 of this Act, $39,000,000. (11) For the construction of phase 2 of a barracks complex, 17th and B Streets at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1280), $50,000,000. (b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed— (1) the total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a); (2) $18,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex, Main Post, at Fort Benning, Georgia); (3) $100,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex, Capron Avenue, at Schofield Barracks, Hawaii); (4) $50,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex, Range Road, at Fort Campbell, Kentucky); and (5) $5,000,000 (the balance of the amount authorized under section 2101(a) for a military construction project at Fort Bliss, Texas). (c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (11) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $13,676,000, which represents the combination of savings resulting from adjust- ments to foreign currency exchange rates for military construction, military family housing construction, and military family housing support outside the United States and savings resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes. SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2002 PROJECTS. (a) MODIFICATION.—The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107- 107; 115 Stat. 1281) is amended— (1) in the item relating to Fort Carson, Colorado, by striking ‘‘$66,000,000’’ in the amount column and inserting ‘‘$67,000,000’’; and (2) in the item relating to Fort Jackson, South Carolina, by striking ‘‘$65,650,000’’ in the amount column and inserting ‘‘$68,650,000’’. (b) CONFORMING AMENDMENTS.—Section 2104(b) of that Act (115 Stat. 1284) is amended— (1) in paragraph (3), by striking ‘‘$41,000,000’’ and inserting ‘‘$42,000,000’’; and (2) in paragraph (4), by striking ‘‘$36,000,000’’ and inserting ‘‘$39,000,000’’. TITLE XXII—NAVY SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona ...... Marine Corps Air Station, Yuma ...... $3,000,000 California ...... Auxiliary Landing Field, San Diego (San Clemente Island) ...... $6,150,000 Marine Corps Air-Ground Combat Center, Twentynine Palms ...... $40,870,000 Marine Corps Air Station, Camp Pendleton ...... $31,930,000 Marine Corps Air Station, Miramar ...... $12,210,000 Marine Corps Base, Camp Pendleton ...... $64,040,000 Marine Corps Logistics Base, Barstow ...... $4,450,000 Naval Air Station, Lemoore ...... $35,855,000 Naval Air Warfare Center, Point Mugu, San Nicholas Island ...... $6,760,000 Naval Air Weapons Station, China Lake ...... $10,100,000 Naval Post Graduate School, Monterey ...... $9,020,000 Naval Station, San Diego ...... $12,210,000 Connecticut ...... Naval Submarine Base, New London ...... $7,880,000 District of Columbia ...... Marine Corps Barracks ...... $3,700,000 Naval District, Washington ...... $2,690,000 Florida ...... Naval Air Base, Jacksonville ...... $13,342,000 Naval Air Station, Pensacola ...... $990,000 Naval School Explosive Ordinance Detachment, Eglin ...... $6,350,000 Naval Station, Mayport ...... $1,900,000

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State Installation or location Amount

Whiting Field ...... $1,780,000 Georgia ...... Naval Submarine Base, Kings Bay ...... $1,580,000 Hawaii ...... Naval Shipyard, Pearl Harbor ...... $18,500,000 Naval Station, Pearl Harbor ...... $14,690,000 Illinois ...... Naval Training Center, Great Lakes ...... $93,190,000 Indiana ...... Crane Naval Surface Weapons Station ...... $11,610,000 Maine ...... Naval Shipyard, Kittery-Portsmouth ...... $15,200,000 Maryland ...... Naval Air Facility, Andrews Air Force Base ...... $9,680,000 United States Naval Academy ...... $1,800,000 Mississippi ...... Naval Air Station, Meridian ...... $2,850,000 Naval Construction Battalion Center, Gulfport ...... $5,460,000 Naval Station, Pascagoula ...... $16,160,000 Nevada ...... Naval Air Station, Fallon ...... $4,010,000 New Jersey ...... Naval Weapons Center, Lakehurst ...... $5,200,000 Naval Weapons Station Earle, Colts Neck ...... $5,600,000 North Carolina ...... Marine Corps Air Station, Cherry Point ...... $10,470,000 Marine Corps Air Station, New River ...... $6,920,000 Marine Corps Base, Camp Lejeune ...... $9,570,000 Rhode Island ...... Naval Station, Newport ...... $6,870,000 South Carolina ...... Marine Corps Air Station, Beaufort ...... $13,700,000 Marine Corps Recruit Depot, Parris Island ...... $10,490,000 Naval Weapons Station, Charlestown ...... $5,740,000 Texas ...... Naval Air Station, Corpus Christi ...... $7,150,000 Naval Air Station Joint Reserve Base, Fort Worth ...... $8,850,000 Naval Air Station, Kingsville ...... $6,210,000 Virginia ...... Dam Neck Fleet Combat Training Center, Atlantic ...... $3,900,000 Little Creek Naval Amphibious Base ...... $9,770,000 Marine Corps Combat Development Command, Quantico ...... $24,864,000 Naval Air Station Oceana ...... $16,490,000 Naval Shipyard, Norfolk, Portsmouth ...... $19,660,000 Naval Station, Norfolk ...... $171,505,000 Naval Surface Warfare Center, Dahlgren ...... $15,830,000 Naval Weapons Station, Yorktown ...... $15,020,000 Washington ...... Naval Air Station, Whidbey Island ...... $17,580,000 Keyport Naval Undersea Warfare Command ...... $10,500,000 Naval Magazine, Indian Island ...... $4,030,000 Naval Station, Bremerton ...... $45,870,000 Naval Submarine Base, Bangor ...... $22,310,000 Puget Sound Naval Shipyard, Bremerton ...... $57,132,000 Strategic Weapons Facility, Bangor ...... $7,340,000 Various Locations ...... Host Nation Infrastructure ...... $1,000,000

Total ...... $1,009,528,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the locations outside the United States, and in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain ...... Naval Support Activity, Bahrain ...... $25,970,000 Diego Garcia ...... Diego Garcia, Naval Support Facility ...... $11,090,000 Greece ...... Naval Support Activity, Joint Headquarters Command, Larissa ...... $14,800,000 Guam ...... Commander, United States Naval Forces, Guam ...... $13,400,000 Iceland ...... Naval Air Station, Keflavik ...... $14,920,000 Italy ...... Naval Air Station, Sigonella ...... $55,660,000

Total ...... $135,840,000

SEC. 2202. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Sec- retary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations, for the purposes, and in the amounts set forth in the following table:

Navy: Family Housing

State or Country Installation or location Purpose Amount

California ...... Naval Air Station, Lemoore ...... 178 Units ...... $40,981,000 Marine Corps Air-Ground Combat Center, Twentynine Palms ...... 76 Units ...... $19,425,000 Connecticut ...... Naval Submarine Base, New London ...... 100 Units ...... $24,415,000 Florida ...... Naval Station, Mayport ...... 1 Unit ...... $329,000 Hawaii ...... Marine Corps Base, Kaneohe Bay ...... 65 Units ...... $24,797,000 Maine ...... Naval Air Station, Brunswick ...... 26 Units ...... $5,800,000 Mississippi ...... Naval Air Station, Meridian ...... 56 Units ...... $9,755,000 North Carolina ...... Marine Corps Base, Camp LeJeune ...... 317 Units ...... $43,650,000 Virginia ...... Marine Corps Base, Quantico ...... 290 Units ...... $41,843,000 United Kingdom ...... Joint Maritime Facility, St. Mawgan ...... 62 Units ...... $18,524,000

Total ...... $229,519,000

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(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriation in section 2204(a)(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $11,281,000. SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $136,816,000. SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2002, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,308,007,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $776,806,000. (2) For military construction projects outside the United States authorized by section 2201(b), $133,270,000. (3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $23,262,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $95,745,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $377,616,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $867,788,000. (6) For replacement of a pier at Naval Station, Norfolk, Virginia, authorized in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1287), as amended by section 2205 of this Act, $33,520,000. (b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed— (1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a); (2) $48,120,000 (the balance of the amount authorized under section 2201(a) for a bachelors enlisted quarters shipboard ashore, Naval Station, Nor- folk, Virginia); and (3) $2,570,000 (the balance of the amount authorized under section 2201(b) for a quality of life support facility, Naval Air Station Sigonella, Italy). (c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (6) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $1,340,000, which represents the combination of savings resulting from adjust- ments to foreign currency exchange rates for military construction, military family housing construction, and military family housing support outside the United States and savings resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes. SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2002 PROJECT. (a) MODIFICATION.—The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107– 107; 115 Stat. 1286) is amended— (1) in the item relating to Naval Station, Norfolk, Virginia, by striking ‘‘$139,270,000’’ in the amount column and inserting ‘‘$139,550,000’’; and (2) by striking the amount identified as the total in the amount column and inserting ‘‘$1,059,030,000’’. (b) CONFORMING AMENDMENT.—Section 2204(b)(2) of that Act (115 Stat. 1289) is amended by striking ‘‘$33,240,000’’ and inserting ‘‘$33,520,000’’. TITLE XXIII—AIR FORCE SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ...... Maxwell Air Force Base ...... $8,000,000 Alaska ...... Clear Air Station ...... $14,400,000 Eielson Air Force Base ...... $21,600,000 Arizona ...... Davis-Monthan Air Force Base ...... $19,270,000 Luke Air Force Base ...... $13,000,000 Arkansas ...... Little Rock Air Force Base ...... $25,600,000 California ...... Beale Air Force Base ...... $11,740,000 Travis Air Force Base ...... $9,600,000 Vandenberg Air Force Base ...... $10,500,000 Colorado ...... Buckley Air National Guard Base ...... $17,700,000 Peterson Air Force Base ...... $2,000,000 Schriever Air Force Base ...... $5,700,000 United States Air Force Academy ...... $9,400,000 District of Columbia ...... Bolling Air Force Base ...... $1,500,000 Florida ...... Elgin Air Force Base ...... $4,250,000 Hurlburt Field ...... $15,000,000 McDill Air Force Base ...... $21,000,000 Tyndall Air Force Base ...... $8,100,000 Georgia ...... Robins Air Force Base ...... $5,400,000 Hawaii ...... Hickam Air Force Base ...... $1,350,000 Kansas ...... McConnell Air Force Base ...... $7,500,000 Louisiana ...... Barksdale Air Force Base ...... $10,900,000 Maryland ...... Andrews Air Force Base ...... $9,600,000 Massachusetts ...... Hanscom Air Force Base ...... $7,700,000 Mississippi ...... Keesler Air Force Base ...... $22,000,000 Nevada ...... Nellis Air Force Base ...... $37,350,000 New Jersey ...... McGuire Air Force Base ...... $24,631,000 New Mexico ...... Cannon Air Force Base ...... $4,650,000 Holloman Air Force Base ...... $4,650,000 Kirtland Air Force Base ...... $21,900,000 North Carolina ...... Pope Air Force Base ...... $9,700,000 Ohio ...... Wright-Patterson Air Force Base ...... $25,000,000 Oklahoma ...... Tinker Air Force Base ...... $7,500,000 South Carolina ...... Shaw Air Force Base ...... $6,800,000 Texas ...... Lackland Air Force Base ...... $37,300,000 Laughlin Air Force Base ...... $8,000,000 Sheppard Air Force Base ...... $24,000,000 Utah ...... Hill Air Force Base ...... $14,500,000 Virginia ...... Langley Air Force Base ...... $71,940,000

Total ...... $580,731,000

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(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:

Air Force: Outside the United States

Country Installation or location Amount

Diego Garcia ...... Diego Garcia ...... $17,100,000 Germany ...... Ramstein Air Force Base ...... $71,783,000 Guam ...... Andersen Air Force Base ...... $31,000,000 Italy ...... Aviano Air Force Base ...... $6,600,000 Japan ...... Kadena Air Force Base ...... $6,000,000 Korea ...... Osan Air Base ...... $15,100,000 Spain ...... Naval Station, Rota ...... $31,818,000 Turkey ...... Incirlik Air Force Base ...... $1,550,000 United Kingdom ...... Royal Air Force, Fairford ...... $19,000,000 Royal Air Force, Lakenheath ...... $13,400,000 Wake Island ...... Wake Island ...... $24,900,000

Total ...... $238,251,000

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(3), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installation and location, and in the amount, set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide ...... Classified Location ...... $32,562,000

Total ...... $32,562,000

SEC. 2302. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Sec- retary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations, for the purposes, and in the amounts set forth in the following table:

Air Force: Family Housing

State or Country Installation or location Purpose Amount

Arizona ...... Luke Air Force Base ...... 140 Units ...... $18,954,000 California ...... Travis Air Force Base ...... 110 Units ...... $24,320,000 Colorado ...... Peterson Air Force Base ...... 2 Units ...... $959,000 United States Air Force Academy ...... 71 Units ...... $12,424,000 Delaware ...... Dover Air Force Base ...... 112 Units ...... $19,615,000 Florida ...... Eglin Air Force Base ...... Housing Office .. $597,000 Eglin Air Force Base ...... 134 Units ...... $15,906,000 MacDill Air Force Base ...... 96 Units ...... $18,086,000 Hawaii ...... Hickam Air Force Base ...... 96 Units ...... $29,050,000 Idaho ...... Mountain Home Air Force Base ...... 95 Units ...... $24,392,000 Kansas ...... McConnell Air Force Base ...... Housing Mainte- nance Facility $1,514,000 Maryland ...... Andrews Air Force Base ...... 53 Units ...... $9,838,000 Andrews Air Force Base ...... 52 Units ...... $8,807,000 Mississippi ...... Columbus Air Force Base ...... Housing Office .. $412,000 Keesler Air Force Base ...... 117 Units ...... $16,505,000 Missouri ...... Whiteman Air Force Base ...... 97 Units ...... $17,107,000 Montana ...... Malmstrom Air Force Base ...... 18 Units ...... $4,717,000 New Mexico ...... Holloman Air Force Base ...... 101 Units ...... $20,161,000 North Carolina ...... Pope Air Force Base ...... Housing Mainte- nance Facility $991,000 Seymour Johnson Air Force Base ...... 126 Units ...... $18,615,000 North Dakota ...... Grand Forks Air Force Base ...... 150 Units ...... $30,140,000 Minot Air Force Base ...... 112 Units ...... $21,428,000 Minot Air Force Base ...... 102 Units ...... $20,315,000 Oklahoma ...... Vance Air Force Base ...... 59 Units ...... $11,423,000 South Dakota ...... Ellsworth Air Force Base ...... Housing Mainte- nance Facility $447,000 Ellsworth Air Force Base ...... 22 Units ...... $4,794,000 Texas ...... Dyess Air Force Base ...... 85 Units ...... $14,824,000 Randolph Air Force Base ...... Housing Mainte- nance Facility $447,000 Randolph Air Force Base ...... 112 Units ...... $14,311,000 Virginia ...... Langley Air Force Base ...... Housing Office .. $1,193,000 Germany ...... Ramstein Air Force Base ...... 19 Units ...... $8,534,000 Korea ...... Osan Air Base ...... 113 Units ...... $35,705,000 Osan Air Base ...... Housing Supply Warehouse ..... $834,000 United Kingdom ...... Royal Air Force, Lakenheath ...... Housing Office and Mainte- nance Facility $2,203,000

Total ...... $429,568,000

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00080 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2317

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $34,188,000. SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to section 2825 of title 10, Unites States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $217,286,000. SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2002, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,495,094,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $580,731,000. (2) For military construction projects outside the United States authorized by section 2301(b), $238,251,000. (3) For the military construction projects at unspecified worldwide locations authorized by section 2301(c), $32,562,000. (4) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $11,500,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $76,958,000. (6) For military housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $681,042,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $874,050,000. (b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under paragraphs (1), (2) and (3) of subsection (a). (c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (6) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $10,281,000, which represents the combination of savings resulting from adjust- ments to foreign currency exchange rates for military construction, military family housing construction, and military family housing support outside the United States and savings resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes. TITLE XXIV—DEFENSE AGENCIES SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Missile Defense Agency ...... Kauai, Hawaii ...... $23,400,000 Defense Intelligence Agency ...... Bolling Air Force Base, District of Columbia ...... $121,958,000 Defense Logistics Agency ...... Columbus, Ohio ...... $5,021,000 Defense Supply Center, Richmond, Virginia ...... $5,500,000 Naval Air Station, New Orleans, Louisiana ...... $9,500,000 Travis Air Force Base, California ...... $16,000,000 Defense Threat Reduction Agency ...... Fort Belvoir, Virginia ...... $76,388,000 Department of Defense Dependents Schools ...... Fort Bragg, North Carolina ...... $2,036,000 Fort Jackson, South Carolina ...... $2,506,000 Marine Corps Base, Camp Lejeune, North Carolina ...... $12,138,000 Marine Corps Base, Quantico, Virginia ...... $1,418,000 United States Military Academy, West Point, New York ...... $4,347,000 Fort Meade, Maryland ...... $4,484,000 Joint Chiefs of Staff ...... Peterson Air Force Base, Colorado ...... $18,400,000 National Security Agency ...... Fort Bragg, North Carolina ...... $30,800,000 Special Operations Command ...... Hurlburt Field, Florida ...... $11,100,000 Naval Amphibious Base, Little Creek, Virginia ...... $14,300,000 TRICARE Management Activity ...... Elmendorf Air Force Base, Alaska ...... $10,400,000 Hickam Air Force Base, Hawaii ...... $2,700,000

Total ...... $372,396,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Logistics Agency ...... Andersen Air Force Base, Guam ...... $17,586,000 Naval Forces Marianas Islands, Guam ...... $6,000,000 Naval Station, Rota, Spain ...... $23,400,000 Royal Air Force, Fairford, United Kingdom ...... $17,000,000 Yokota Air Base, Japan ...... $23,000,000 Department of Defense Dependents Schools ...... Kaiserslautern, Germany ...... $957,000 Lajes Field, Azores, Portugal ...... $1,192,000 Seoul, Korea ...... $31,683,000 Supreme Headquarters, Allied Powers Europe, Belgium ...... $1,573,000 Spangdahlem Air Base, Germany ...... $997,000 Vicenza, Italy ...... $2,117,000 TRICARE Management Activity ...... Naval Support Activity, Naples, Italy ...... $41,449,000 Spangdahlem Air Base, Germany ...... $39,629,000

Total ...... $206,583,000

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(8)(A), the Secretary of Defense may improve existing military family housing units in an amount not to exceed $5,530,000. SEC. 2403. ENERGY CONSERVATION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(4), the Secretary of Defense may carry out energy conservation projects under section 2865 of title 10, United States Code, in the amount of $49,531,000.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00081 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 H2318 CONGRESSIONAL RECORD — HOUSE May 9, 2002 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2002, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $1,417,779,000, as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $335,796,000. (2) For military construction projects outside the United States authorized by section 2401(b), $206,583,000. (3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $16,293,000. (4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $45,432,000. (6) For energy conservation projects authorized by section 2403 of this Act, $49,531,000. (7) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), $545,138,000. (8) For military family housing functions: (A) For improvement of military family housing and facilities, $5,480,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $42,432,000. (C) For credit to the Department of Defense Housing Improvement Fund established by section 2883(a) of title 10, United States Code, as amended by section 2801 of this Act, $2,000,000. (9) For payment of a claim against the Hospital Replacement project at Elmendorf Air Force Base, Alaska, $10,400,000. (10) For the construction of phase 4 of an ammunition demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839) and section 2407 of this Act, $38,000,000. (11) For the construction of phase 5 of an ammunition demilitarization facility at Newport Army Depot, Indiana, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat. 2193), as amended by section 2406 of this Act, $61,494,000. (12) For the construction of phase 5 of an ammunition demilitarization facility at Aberdeen Proving Ground, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat. 2193), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1299), $30,600,000. (13) For the construction of phase 3 of an ammunition demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298) and section 2405 of this Act, $10,300,000. (14) For the construction of phase 3 of an ammunition demilitarization support facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), $8,300,000. (b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed— (1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a); and (2) $26,200,000 (the balance of the amount authorized under section 2401(a) for the construction of the Defense Threat Reduction Center, Fort Belvoir, Virginia). (c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (14) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $42,833,000, which represents the combination of savings resulting from adjust- ments to foreign currency exchange rates for military construction, military family housing construction, and military family housing support outside the United States and savings resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes. SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2000 PROJECT. (a) MODIFICATION.—The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106– 65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107– 107; 115 Stat. 1298), is further amended— (1) under the agency heading relating to Chemical Demilitarization, in the item relating to Blue Grass Army Depot, Kentucky, by striking ‘‘$254,030,000’’ in the amount column and inserting ‘‘$290,325,000’’; and (2) by striking the amount identified as the total in the amount column and inserting ‘‘$748,245,000’’. (b) CONFORMING AMENDMENT.—Section 2405(b)(3) of that Act (113 Stat. 839), as so amended, is further amended by striking ‘‘$231,230,000’’ and insert- ing ‘‘$267,525,000’’. SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 1999 PROJECT. (a) MODIFICATION.—The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105– 261; 112 Stat. 2193), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107– 107; 115 Stat. 1299), is amended— (1) under the agency heading relating to Chemical Demilitarization, in the item relating to Newport Army Depot, Indiana, by striking ‘‘$191,550,000’’ in the amount column and inserting ‘‘$293,853,000’’; and (2) by striking the amount identified as the total in the amount column and inserting ‘‘$829,919,000’’. (b) CONFORMING AMENDMENT.—Section 2404(b)(2) of that Act (112 Stat. 2196) is amended by striking ‘‘$162,050,000’’ and inserting ‘‘$264,353,000’’. SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 1997 PROJECT. (a) MODIFICATION.—The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104– 201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106– 65; 113 Stat. 839), is further amended— (1) under the agency heading relating to Chemical Demilitarization Program, in the item relating to Pueblo Chemical Activity, Colorado, by striking ‘‘$203,500,000’’ in the amount column and inserting ‘‘$261,000,000’’; and (2) by striking the amount identified as the total in the amount column and inserting ‘‘$607,454,000’’. (b) CONFORMING AMENDMENT.—Section 2406(b)(2) of that Act (110 Stat. 2779), as so amended, is further amended by striking ‘‘$203,500,000’’ and inserting ‘‘$261,000,000’’. TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2002, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment program authorized by section 2501, in the amount of $168,200,000. TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) IN GENERAL.—There are authorized to be appropriated for fiscal years beginning after September 30, 2002, for the costs of acquisition, architec- tural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions there for, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), the following amounts: (1) For the Department of the Army— (A) for the Army National Guard of the United States, $170,793,000; and

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00082 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2319 (B) for the Army Reserve, $86,789,000. (2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $66,971,000. (3) For the Department of the Air Force— (A) for the Air National Guard of the United States, $119,266,000; and (B) for the Air Force Reserve, $68,576,000. TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW. (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—Except as provided in subsection (b), all authorizations contained in titles XXI through XXVI for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Orga- nization Security Investment program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2005; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2006. (b) EXCEPTION.—Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects, and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor) for which appropriated funds have been obligated before the later of— (1) October 1, 2005; or (2) the date of the enactment of an Act authorized funds for fiscal year 2005 for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program. SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2000 PROJECTS. (a) EXTENSION OF CERTAIN PROJECTS.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 841), authorizations set forth in the tables in subsection (b), as provided in section 2302 or 2601 of that Act, shall remain in effect until October 1, 2003, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2004, whichever is later. (b) TABLES.—The tables referred to in subsection (a) are as follows:

Air Force: Extension of 2000 Project Authorization

State Installation or location Project Amount

Oklahoma ...... Tinker Air Force Base ...... Replace Family Housing (41 Units) ...... $6,000,000

Army National Guard: Extension of 2000 Project Authorization

State Installation or location Project Amount

Virginia ...... Fort Pickett ...... Multi-Purpose Range Com- plex–Heavy ..... $13,500,000

(c) EXTENSION OF ADDITIONAL PROJECT.—Notwithstanding any other provision of law, the authorization set forth in the table in subsection (d), as provided in section 8160 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 113 Stat. 1274), shall remain in effect until October 1, 2003, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2004, whichever is later. (d) TABLE FOR EXTENSION OF ADDITIONAL PROJECT.—The table referred to in subsection (c) is as follows:

Army National Guard: Extension of 2000 Project Authorization

State Installation or location Project Amount

Pennsylvania ...... Connellsville ...... Readiness Center $1,700,000

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1999 PROJECTS. (a) EXTENSION.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105– 261; 112 Stat. 2199), authorizations set forth in the table in subsection (b), as provided in section 2302 of that Act and extended by section 2702 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1301), shall remain in effect until October 1, 2003, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2004, whichever is later. (b) TABLE.—The table referred to in subsection (a) is as follows:

Air Force: Extension of 1999 Project Authorizations

State Installation or location Project Amount

Delaware ...... Dover Air Force Base ...... Replace Family Housing (55 Units) ...... $8,988,000 Florida ...... Patrick Air Force Base ...... Replace Family Housing (46 Units) ...... $9,692,000 New Mexico ...... Kirtland Air Force Base ...... Replace Family Housing (37 Units) ...... $6,400,000 Ohio ...... Wright-Patterson Air Force Base ...... Replace Family Housing (40 Units) ...... $5,600,000

SEC. 2704. EFFECTIVE DATE. TITLE XXVIII—GENERAL PROVISIONS is amended by adding at the end the following new paragraphs: Titles XXI, XXII, XXIII, XXIV, XXV, and Subtitle A—Military Construction Program ‘‘(11) Firefighting and fire protection services. XXVI of this Act shall take effect on the later and Military Family Housing Changes ‘‘(12) Police protection services.’’. of— SEC. 2801. CHANGES TO ALTERNATIVE AUTHOR- (b) LEASING OF HOUSING.—Subsection (a) of (1) October 1, 2002; or ITY FOR ACQUISITION AND IM- section 2874 of such title is amended to read as PROVEMENT OF MILITARY HOUSING. (2) the date of the enactment of this Act. follows: (a) AUTHORIZED UTILITIES AND SERVICES.— ‘‘(a) LEASE AUTHORIZED.—(1) The Secretary Section 2872a(b) of title 10, United States Code, concerned may enter into contracts for the lease

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00083 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 H2320 CONGRESSIONAL RECORD — HOUSE May 9, 2002 of housing units that the Secretary determines (2) Amounts transferred to the Department of ‘‘(3) In addition to the 450 units of family are suitable for use as military family housing Defense Housing Improvement Fund under housing referred to in paragraph (1) for which or military unaccompanied housing. paragraph (1) shall be merged with amounts in the maximum lease amount is $25,000 per unit ‘‘(2) The Secretary concerned shall utilize that Fund, and shall be available for the same per year, the Secretary of the Army may lease in housing units leased under paragraph (1) as purposes, and subject to the same conditions Korea— military family housing or military unaccom- and limitations, as other amounts in that Fund. ‘‘(A) not more than 1,175 units of family hous- panied housing, as appropriate.’’. (g) CONFORMING AMENDMENTS.—(1) Para- ing subject to that maximum lease amount; and (c) REPEAL OF INTERIM LEASE AUTHORITY.— graph (3) of section 2814(i) of such title is ‘‘(B) not more than 2,400 units of family hous- Section 2879 of such title is repealed. amended— ing subject to a maximum lease amount of (d) SPACE LIMITATIONS BY PAY GRADE.—Sec- (A) by striking subparagraph (A) and insert- $35,000 per unit per year.’’. tion 2880(b)(2) of such title is amended by strik- ing the following new subparagraph (A): Subtitle B—Real Property and Facilities ing ‘‘unless the unit is located on a military in- ‘‘(A) The Secretary may transfer funds from Administration stallation’’. the Ford Island Improvement Account to the SEC. 2811. AGREEMENTS WITH PRIVATE ENTITIES (e) DEPARTMENT OF DEFENSE HOUSING Department of Defense Housing Improvement TO LIMIT ENCROACHMENTS AND FUND.—(1) Section 2883 of such title is amended Fund established by section 2883(a) of this OTHER CONSTRAINTS ON MILITARY by striking subsections (a), (b), and (c) inserting title.’’; and TRAINING, TESTING, AND OPER- the following new subsections (a) and (b): (B) in subparagraph (B), by striking ‘‘a fund’’ ATIONS. ‘‘(a) ESTABLISHMENT.—There is hereby estab- and inserting ‘‘the Fund’’. (a) IN GENERAL.—Chapter 159 of title 10, lished on the books of the Treasury an account (2) Section 2871(6) of such title is amended by United States Code, is amended by inserting to be known as the Department of Defense striking ‘‘Department of Defense Family Hous- after section 2684 the following new section: Housing Improvement Fund (in this section re- ing Improvement Fund or the Department of De- ‘‘§ 2684a. Agreements to limit encroachments ferred to as the ‘Fund’). fense Military Unaccompanied Housing Im- and other constraints on military training, ‘‘(b) CREDITS TO FUND.—There shall be cred- provement Fund’’ and inserting ‘‘Department of testing, and operations ited to the Fund the following: Defense Housing Improvement Fund’’. ‘‘(a) AGREEMENTS AUTHORIZED.—The Sec- ‘‘(1) Amounts authorized for and appropriated (3) Section 2875(e) of such title is amended by retary of a military department may enter into to the Fund. striking ‘‘Department of Defense Family Hous- an agreement with a private entity described in ‘‘(2) Subject to subsection (e), any amounts ing Improvement Fund or the Department of De- subsection (b) to address the use or development that the Secretary of Defense transfers, in such fense Military Unaccompanied Housing Im- of real property in the vicinity of a military in- amounts as are provided for in appropriation provement Fund’’ and inserting ‘‘Department of stallation for purposes of— Acts, to the Fund from amounts authorized and Defense Housing Improvement Fund’’. ‘‘(1) limiting any development or use of the appropriated to the Department of Defense for (h) CLERICAL AMENDMENTS.—(1) The section property that would otherwise be incompatible the acquisition or construction of military fam- heading for section 2874 of such title is amended with the mission of the installation; or ily housing or military unaccompanied housing. to read as follows: ‘‘(2) preserving habitat on the property in a ‘‘(3) Proceeds from the conveyance or lease of ‘‘§ 2874. Leasing of housing’’. manner that is compatible with both— property or facilities under section 2878 of this (2) The section heading for section 2883 of ‘‘(A) current or anticipated environmental re- title for the purpose of carrying out activities such title is amended to read as follows: strictions that would or might otherwise restrict, under this subchapter with respect to military impede, or otherwise interfere, whether directly family housing or military unaccompanied ‘‘§ 2883. Department of Defense Housing Im- provement Fund’’. or indirectly, with current or anticipated mili- housing. tary training, testing, or operations on the in- ‘‘(4) Income derived from any activities under (3) The table of sections at the beginning sub- stallation; and this subchapter with respect to military family chapter IV of chapter 169 of such title is amend- ‘‘(B) current or anticipated military training, housing or military unaccompanied housing, in- ed— testing, or operations on the installation. come and gains realized from investments under (A) by striking the item relating to section ‘‘(b) COVERED PRIVATE ENTITIES.—A private section 2875 of this title, and any return of cap- 2874 and inserting the following new item: entity referred to in subsection (a) is any private ital invested as part of such investments. ‘‘2874. Leasing of housing.’’; entity that has as its stated principal organiza- ‘‘(5) Any amounts that the Secretary of the (B) by striking the item relating to section tional purpose or goal the conservation, restora- Navy transfers to the Fund pursuant to section 2879; and tion, or preservation of land and natural re- 2814(i)(3) of this title, subject to the restrictions (C) by striking the item relating to section 2883 sources, or a similar purpose or goal, as deter- on the use of the transferred amounts specified and inserting the following new item: mined by the Secretary concerned. in that section.’’. ‘‘2883. Department of Defense Housing Improve- ‘‘(c) INAPPLICABILITY OF CERTAIN CONTRACT (2) Such section is further amended— ment Fund.’’. REQUIREMENTS.—Chapter 63 of title 31 shall not (A) by redesignating subsections (d) through SEC. 2802. MODIFICATION OF AUTHORITY TO apply to any agreement entered into under this (g) as (c) through (f), respectively; CARRY OUT CONSTRUCTION section. (B) in subsection (c), as so redesignated— PROJECTS AS PART OF ENVIRON- ‘‘(d) ACQUISITION AND ACCEPTANCE OF PROP- (i) in the subsection heading, by striking MENTAL RESPONSE ACTION. ERTY AND INTERESTS.—(1) An agreement with a ‘‘FUNDS’’ and inserting ‘‘FUND’’; (a) AUTHORITY TO CARRY OUT UNAUTHORIZED private entity under this section— (ii) in paragraph (1)— PROJECTS.—Subsection (a) of section 2810 of title ‘‘(A) may provide for the private entity to ac- (I) by striking ‘‘subsection (e)’’ and inserting 10, United States Code, is amended to read as quire all right, title, and interest in and to any ‘‘subsection (d)’’; and follows: real property, or any lesser interest in the prop- (II) by striking ‘‘Department of Defense Fam- ‘‘(a) AUTHORITY TO CARRY OUT UNAUTHOR- erty, as may be appropriate for purposes of this ily Housing Improvement Fund’’ and inserting IZED CONSTRUCTION PROJECTS.—The Secretary section; and ‘‘Fund’’; concerned may carry out a military construction ‘‘(B) shall provide for the private entity to (iii) by striking paragraph (2); and project not otherwise authorized by law if the transfer to the United States, upon the request (iv) by redesignating paragraph (3) as para- Secretary determines that the project is nec- of the United States, any property or interest so graph (2); essary to carry out a response under chapter 160 acquired. (C) in subsection (d), as so redesignated, by of this title or the Comprehensive Environmental ‘‘(2) Property or interests may not be acquired striking ‘‘required to be used to satisfy the obli- Response, Compensation, and Liability Act of pursuant to an agreement under this section un- gation’’; 1980 (42 U.S.C. 9601 et seq.).’’. less the owner of the property or interests, as (D) in subsection (e), as so redesignated, by (b) CONGRESSIONAL NOTIFICATION.—Sub- the case may be, consents to the acquisition. striking ‘‘a Fund under paragraph (1)(B) or section (b) of such section is amended by strik- ‘‘(3) An agreement under this section pro- (2)(B) of subsection (c)’’ and inserting ‘‘the ing ‘‘(1)’’ and the first sentence and inserting viding for the acquisition of property or inter- Fund under subsection (b)(2)’’; and ‘‘CONGRESSIONAL NOTIFICATION.—(1) When a ests under paragraph (1)(A) shall provide for (E) in subsection (f), as so redesignated— decision is made to carry out a military con- the sharing by the United States and the private (i) in paragraph (1), by striking ‘‘$850,000,000’’ struction project under this section that exceeds entity concerned of the costs of the acquisition and inserting ‘‘$1,700,000,000’’; and the amount specified in section 2805(b)(1) of this of the property or interests. (ii) in paragraph (2), by striking title, the Secretary concerned shall submit a re- ‘‘(4) The Secretary concerned shall identify ‘‘$150,000,000’’ and inserting ‘‘$300,000,000’’. port in writing to the appropriate committees of any property or interests to be acquired pursu- (f) TRANSFER OF UNOBLIGATED AMOUNTS.—(1) Congress on that decision.’’. ant to an agreement under this section. The The Secretary of Defense shall transfer to the (c) DEFINITION.—Subsection (c) of such sec- property or interests shall be limited to the min- Department of Defense Housing Improvement tion is amended— imum property or interests necessary to ensure Fund established under section 2883(a) of title (1) by inserting ‘‘RESPONSE DEFINED.—’’ after that the property concerned is developed and 10, United States Code (as amended by sub- ‘‘(c)’’; and used in a manner appropriate for purposes of section (e)), any amounts in the Department of (2) by striking ‘‘action’’. this section. Defense Family Housing Improvement Fund and SEC. 2803. LEASING OF MILITARY FAMILY HOUS- ‘‘(5) Notwithstanding any other provision of the Department of Defense Military Unaccom- ING IN KOREA. law, the Secretary concerned may accept on be- panied Housing Improvement that remain avail- Paragraph (3) of section 2828(e) of title 10, half of the United States any property or inter- able for obligation as of the date of the enact- United States Code, is amended to read as fol- est to be transferred to the United States under ment of this Act. lows: paragraph (1)(B).

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00084 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.029 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2321 ‘‘(6) The Secretary concerned may, for pur- used or maintained for such purpose, then, at ‘‘(C) The Defense Base Closure and Realign- poses of the acceptance of property or interests the option of the Secretary, all or any portion of ment Act of 1990 (part A of title XXIX of Public under this subsection, accept an appraisal or the property shall revert to the United States. Law 101–510; 10 U.S.C. 2687 note). title documents prepared or adopted by a non- ‘‘(2) The deed of conveyance may permit the ‘‘(D) Any other similar authority for the clo- Federal entity as satisfying the applicable re- recipient of the property— sure or realignment of military installations that quirements of section 301 of the Uniform Reloca- ‘‘(A) to convey the property to another eligible is enacted after the date of the enactment of the tion Assistance and Real Property Acquisition entity described in subsection (b), subject to the National Defense Authorization Act for Fiscal Policies Act of 1970 (42 U.S.C. 4651) or section approval of the Secretary of the military depart- Year 2003.’’. 355 of the Revised Statutes (40 U.S.C. 255) if the ment that made the conveyance and subject to (2) The table of sections at the beginning of Secretary finds that the appraisal or title docu- the same covenants and terms and conditions as such chapter is amended by inserting after the ments substantially comply with the require- provided in the deed from the United States; item relating to section 2694 the following new ments. and item: ‘‘(B) to conduct incidental revenue-producing ‘‘(e) ADDITIONAL TERMS AND CONDITIONS.— ‘‘2694a. Conveyance of surplus real property for The Secretary concerned may require such addi- activities on the property that are compatible with the use of the property for conservation natural resource conservation.’’. tional terms and conditions in an agreement (b) ACCEPTANCE OF FUNDS TO COVER ADMINIS- under this section as the Secretary considers ap- purposes. ‘‘(3) The deed of conveyance may contain TRATIVE EXPENSES.—Section 2695(b) of such title propriate to protect the interests of the United such additional terms, reservations, restrictions, is amended by adding at the end the following States. and conditions as the Secretary of the military new paragraph: ‘‘(f) FUNDING.—(1) Except as provided in department considers appropriate to protect the ‘‘(5) The conveyance of real property under paragraph (2), funds authorized to be appro- interests of the United States. section 2694a of this title.’’. priated for operation and maintenance of the ‘‘(d) RELEASE OF COVENANTS.—The Secretary (c) AGREEMENTS WITH NONPROFIT NATURAL Army, Navy, Marine Corps, Air Force, or De- of the military department that conveys real RESOURCE CONSERVATION ORGANIZATIONS.—Sec- fense-wide activities, including funds author- property under subsection (a), with the concur- tion 2701(d) of such title is amended— ized to be appropriated for the Legacy Resources rence of the Secretary of Interior, may grant a (1) in paragraph (1), by striking ‘‘with any Management Program, may be used to enter into release from a covenant included in the deed of State or local government agency, or with any agreements under this section. conveyance of the property under subsection (c) Indian tribe,’’ and inserting ‘‘any State or local ‘‘(2) In the case of a military installation op- on the condition that the recipient of the prop- government agency, any Indian tribe, or any erated primarily with funds authorized to be ap- erty pay the fair market value, as determined by nonprofit conservation organization’’; and propriated for research, development, test, and the Secretary of the military department, of the (2) by striking paragraph (3) and inserting the evaluation, funds authorized to be appropriated property at the time of the release of the cov- following new paragraph: for the Army, Navy, Marine Corps, Air Force, or enant. The Secretary of the military department ‘‘(3) DEFINITIONS.—In this subsection: Defense-wide activities for research, develop- may reduce the amount required to be paid ‘‘(A) The term ‘Indian tribe’ has the meaning ment, test, and evaluation may be used to enter under this subsection to account for the value of given such term in section 101(36) of Comprehen- into agreements under this section with respect the natural resource conservation benefit that sive Environmental Response, Compensation, to the installation.’’. has accrued to the United States during the pe- and Liability Act of 1980 (42 U.S.C. 9601(36)). (b) CLERICAL AMENDMENT.—The table of sec- riod the covenant was in effect, if the benefit ‘‘(B) The term ‘nonprofit conservation organi- tions at the beginning of such chapter is amend- was not taken into account in determining the zation’ means any non-governmental nonprofit ed by inserting after the item relating to section original consideration for the conveyance. organization whose primary purpose is con- 2684 the following new item: ‘‘(e) LIMITATIONS.—A conveyance under sub- servation of open space or natural resources.’’. ‘‘2684a. Agreements to limit encroachments and section (a) shall not be used in settlement of any SEC. 2813. NATIONAL EMERGENCY EXEMPTION other constraints on military litigation, dispute, or claim against the United FROM SCREENING AND OTHER RE- training, testing, and oper- States, or as a condition of allowing any defense QUIREMENTS OF MCKINNEY-VENTO ations.’’. activity under any Federal, State, or local per- HOMELESS ASSISTANCE ACT FOR PROPERTY USED IN SUPPORT OF RE- SEC. 2812. CONVEYANCE OF SURPLUS REAL mitting or review process. The Secretary of a SPONSE ACTIVITIES. PROPERTY FOR NATURAL RESOURCE military department may make a conveyance Section 501 of the McKinney-Vento Homeless CONSERVATION PURPOSES. under subsection (a), with the restrictions speci- Assistance Act (42 U.S.C. 11411) is amended— (a) CONVEYANCE AUTHORITY.—(1) Chapter 159 fied in subsection (c), to establish a mitigation (1) by redesignating subsection (i) as sub- of title 10, United States Code, is amended by in- bank, but only if the establishment of the miti- section (j); and serting after section 2694 the following new sec- gation bank does not occur in order to satisfy (2) by inserting after subsection (h) the fol- tion: any condition for permitting military activity lowing new subsection (i): ‘‘§ 2694a. Conveyance of surplus real property under a Federal, State, or local permitting or re- ‘‘(i) APPLICABILITY TO CERTAIN PROPERTY for natural resource conservation view process. DURING EMERGENCIES.—The screening require- ‘‘(f) CONSIDERATION.—In fixing the consider- ‘‘(a) AUTHORITY TO CONVEY.—The Secretary ments and other provisions of this section shall ation for the conveyance of real property under of a military department may convey to an eligi- not apply to any property that is excess prop- subsection (a) or in determining the amount of ble recipient described in subsection (b) any sur- erty or surplus property or that is described as any reduction of the amount to be paid for the plus real property that— unutilized or underutilized property if the prop- release of a covenant under subsection (d), the ‘‘(1) is under the administrative control of the erty is subject to a request for conveyance or use Secretary of the military department concerned Secretary; for the purpose of directly supporting activities shall take into consideration any benefit that ‘‘(2) is suitable and desirable for conservation in response to— has accrued or may accrue to the United States purposes; ‘‘(1) a war or national emergency declared in ‘‘(3) has been made available for public ben- from the use of such property for the conserva- accordance with the National Emergencies Act efit transfer for a sufficient period of time to po- tion of natural resources. (50 U.S.C. 1601 et seq.); or ‘‘(g) RELATION TO OTHER CONVEYANCE AU- tential claimants; and ‘‘(2) an emergency or major disaster declared THORITIES.—(1) The Secretary of a military de- ‘‘(4) is not subject to a pending request for in accordance with the Robert T. Stafford Dis- partment may not make a conveyance under transfer to another Federal agency or for con- aster Relief and Emergency Assistance Act (42 this section of any real property to be disposed veyance to any other qualified recipient for pub- U.S.C. 5121 et seq.).’’. of under a base closure law in a manner that is lic benefit transfer under the real property dis- inconsistent with the requirements and condi- SEC. 2814. DEMONSTRATION PROGRAM ON RE- posal processes and authorities established pur- DUCTION IN LONG-TERM FACILITY tions of the base closure law. MAINTENANCE COSTS. suant to the Federal Property and Administra- ‘‘(2) In the case of real property on Guam, the (a) PROGRAM AUTHORIZED.—The Secretary of tive Services Act of 1949 (40 U.S.C. 471, et seq.). Secretary of a military department may not Defense may conduct a demonstration program ‘‘(b) ELIGIBLE RECIPIENTS.—The conveyance make a conveyance under this section unless the to assess the feasibility and desirability of in- of surplus real property under subsection (a) Government of Guam has been first afforded the cluding facility maintenance requirements in may be made to any of the following: opportunity to acquire the real property as au- ‘‘(A) A State or political subdivision of a construction contracts for military construction thorized by section 1 of Public Law 106–504 (114 State. projects for the purpose of determining whether Stat. 2309). ‘‘(B) A nonprofit organization that exists for ‘‘(h) DEFINITIONS.—In this section: such requirements facilitate reductions in the the primary purpose of conservation of natural ‘‘(1) The term ‘State’ includes the District of long-term facility maintenance costs of the mili- resources on real property. Columbia, the Commonwealth of Puerto Rico, tary departments. ‘‘(c) REVISIONARY INTEREST AND OTHER DEED the Commonwealth of the Northern Marianas, (b) CONTRACTS.—Not more than 12 contracts REQUIREMENTS.—(1) The deed of conveyance of and the territories and possessions of the United may contain requirements referred to in sub- any surplus real property conveyed under sub- States. section (a) for the purpose of the demonstration section (a) disposed of under this subsection ‘‘(2) The term ‘base closure law’ means the fol- program under this section. The demonstration shall require the property to be used and main- lowing: program may only cover contracts entered into tained for the conservation of natural resources ‘‘(A) Section 2687 of this title. on or after the date of the enactment of this Act. in perpetuity. If the Secretary of the military ‘‘(B) Title II of the Defense Authorization (c) EFFECTIVE PERIOD OF REQUIREMENTS.— department that made the conveyance deter- Amendments and Base Closure and Realignment The effective period of a requirement referred to mines at any time that the property is not being Act of 1988 (10 U.S.C. 2687 note). in subsection (a) that is included in a contract

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00085 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.029 pfrm15 PsN: H09PT1 H2322 CONGRESSIONAL RECORD — HOUSE May 9, 2002

for the purpose of the demonstration program tional Interest Lands Conservation Act (Public (c) ADDITIONAL TERMS AND CONDITIONS.—The under this program may not exceed five years. Law 96–487; 16 U.S.C. 668dd note); Secretary may require such additional terms (d) REPORTING REQUIREMENTS.—Not later (3) is excess to the needs of the Alaska Na- and conditions in connection with the convey- than January 31, 2005, the Secretary of Defense tional Guard and the Department of Defense; ance under subsection (a) as the Secretary con- shall submit to Congress a report on the dem- and siders appropriate to protect the interests of the onstration program authorized by this section (4) the Secretary determines that— United States. and the related Department of the Army dem- (A) the anticipated cost to the United States SEC. 2824. LAND CONVEYANCE, FORT BLISS, onstration program authorized by section 2814 of of retaining the property exceeds the value of TEXAS the Military Construction Authorization Act for such property; or (a) CONVEYANCE AUTHORIZED.—The Secretary Fiscal Year 2002 (division B of Public Law 107– (B) the condition of the property makes it un- of the Army may convey, without consideration, 107; 115 Stat. 1310; 10 U.S.C. 2809 note), includ- suitable for retention by the United States. to the County of El Paso, Texas (in this section ing the following: (d) CONSIDERATION.—The conveyance of real referred to as the ‘‘County’’), all right, title, and (1) A description of all contracts entered into property under this section shall, at the election interest of the United States in and to a parcel under the demonstration programs. of the Secretary, be for no consideration or for of real property, including improvements there- (2) An evaluation of the demonstration pro- consideration in an amount determined by the on, consisting of approximately 44 acres at Fort grams and a description of the experience of the Secretary to be appropriate under the cir- Bliss, Texas, for the purpose of facilitating the Secretary of Defense and the Secretary of the cumstances. construction by the State of Texas of a nursing Army respect to such contracts. (e) USE OF CONSIDERATION.—If consideration home for veterans of the Armed Forces. (3) Any recommendations, including rec- is received for the conveyance of real property (b) REVERSIONARY INTEREST.—If, at the end of ommendations for the termination, continu- under subsection (a), the Secretary may use the the five-year period beginning on the date the ation, or expansion of the demonstration pro- amounts received, in such amounts as are pro- Secretary makes the conveyance under sub- grams, that the Secretary of Defense or the Sec- vided in appropriations Acts, to pay for— section (a), the Secretary determines that a retary of the Army considers appropriate. (1) the cost of a survey described in subsection nursing home for veterans is not in operation on (e) EXPIRATION.—The authority under sub- (f) with respect to the property; the conveyed real property, all right, title, and section (a) to include requirements referred to in (2) the cost of carrying out any environmental interest in and to the property, including any that subsection in contracts under the dem- assessment, study, or analysis, and any remedi- improvements thereon, shall revert to the United onstration program under this section shall ex- ation, that may be required under Federal law, States, and the United States shall have the pire on September 30, 2006. or is considered appropriate by the Secretary, in right of immediate entry onto the property. Any (f) FUNDING.—Amounts authorized to be ap- connection with the property or the conveyance determination of the Secretary under this sub- propriated for a fiscal year for military con- of the property; and section shall be made on the record after an op- (3) any other costs incurred by the Secretary struction shall be available for the demonstra- portunity for a hearing. in conveying the property. tion program under this section in such fiscal (c) DESCRIPTION OF PROPERTY.—The exact (f) DESCRIPTION OF PROPERTY.—The exact year. acreage and legal description of the real prop- acreage and legal description of any real prop- (g) CONFORMING AMENDMENT.—Section 2814 of erty to be conveyed under subsection (a) shall be erty to be conveyed under subsection (a) shall be the Military Construction Authorization Act for determined by a survey satisfactory to the Sec- determined by a survey satisfactory to the Sec- Fiscal Year 2002 (division B of Public Law 107– retary. The cost of the survey shall be borne by retary. 107; 115 Stat. 1310; 10 U.S.C. 2809 note) is the County. (g) ADDITIONAL TERMS AND CONDITIONS.—The amended— (d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms (1) by striking subsection (d); and Secretary may require such additional terms and conditions in connection with a conveyance (2) by redesignating subsections (e) and (f) as and conditions in connection with the convey- of real property under this section as the Sec- subsections (d) and (e), respectively. ance under subsection (a) as the Secretary con- retary considers appropriate to protect the inter- SEC. 2815. EXPANDED AUTHORITY TO TRANSFER siders appropriate to protect the interests of the ests of the United States. PROPERTY AT MILITARY INSTALLA- United States. TIONS TO BE CLOSED TO PERSONS SEC. 2822. LAND CONVEYANCE, FORT CAMPBELL, WHO CONSTRUCT OR PROVIDE MILI- KENTUCKY. SEC. 2825. LAND CONVEYANCE, FORT HOOD, TEXAS. TARY FAMILY HOUSING. (a) CONVEYANCE AUTHORIZED.—The Secretary (a) CONVEYANCE AUTHORIZED.—The Secretary (a) 1988 LAW.—Section 204(e)(1) of the Defense of the Army may convey, without consideration, of the Army may convey, without consideration, Authorization Amendments and Base Closure to the City of Hopkinsville, Kentucky, all right, to the Veterans Land Board of the State of and Realignment Act (Public Law 100–526; 10 title, and interest of the United States in and to Texas (in this section referred to as the U.S.C. 2687 note) is amended by striking the last a parcel of real property at Fort Campbell, Ken- ‘‘Board’’), all right, title, and interest of the sentence. tucky, consisting of approximately 50 acres and United States in and to a parcel of real prop- (b) 1990 LAW.—Section 2905(f)(1) of the De- containing an abandoned railroad spur for the erty, including any improvements thereon, con- fense Base Closure and Realignment Act of 1990 purpose of permitting the City to use the prop- sisting of approximately 174 acres at Fort Hood, (part A of title XXIX of Public Law 101–510; 10 erty for storm water management, recreation, Texas, for the purpose of permitting the Board U.S.C. 2687 note) is amended by striking the last transportation, and other public purposes. to establish a State-run cemetery for veterans. sentence. (b) DESCRIPTION OF PROPERTY.—The acreage Subtitle C—Land Conveyances of the real property to be conveyed under sub- (b) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real prop- PART I—ARMY CONVEYANCES section (a) has been determined by the Secretary through a legal description outlining such acre- erty to be conveyed under subsection (a) shall be SEC. 2821. LAND CONVEYANCES, LANDS IN ALAS- determined by a survey satisfactory to the Sec- KA NO LONGER REQUIRED FOR NA- age. No further survey of the property before transfer is necessary. retary. The cost of the survey shall be borne by TIONAL GUARD PURPOSES. the Board. (a) CONVEYANCE AUTHORIZED.—The Secretary (c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms (c) ADDITIONAL TERMS AND CONDITIONS.—The of the Army may convey to an eligible entity de- Secretary may require such additional terms scribed subsection (b) all right, title, and inter- and conditions in connection with the convey- ance under subsection (a) as the Secretary con- and conditions in connection with the convey- est of the United States in and to any parcel of ance under subsection (a) as the Secretary con- real property, including any improvements siders appropriate to protect the interests of the United States. siders appropriate to protect the interests of the thereon, in the State of Alaska described in sub- United States. section (c) if the Secretary determines the con- SEC. 2823. LAND CONVEYANCE, ARMY RESERVE veyance would be in the public interest. TRAINING CENTER, BUFFALO, MIN- PART II—NAVY CONVEYANCES (b) ELIGIBLE RECIPIENTS.—The following enti- NESOTA. SEC. 2831. LAND CONVEYANCE, MARINE CORPS ties shall be eligible to receive real property (a) CONVEYANCE AUTHORIZED.—The Secretary AIR STATION, MIRAMAR, SAN DIEGO, under subsection (a): of the Army may convey, without consideration, CALIFORNIA. (1) The State of Alaska. to the Buffalo Independent School District 877 (a) CONVEYANCE AUTHORIZED.—The Secretary (2) A governmental entity in the State of Alas- of Buffalo, Minnesota (in this section referred to of the Navy may convey to the ENPEX Corpora- ka. as the ‘‘School District’’), all right, title, and in- tion, Incorporated (in this section referred to as (3) A Native Corporation (as defined in section terest of the United States in and to a parcel of the ‘‘Corporation’’), all right, title, and interest 3 of the Alaska Native Claims Settlement Act (43 real property, including improvements thereon, of the United States in and to a parcel of real U.S.C. 1602)). that is located at 800 8th Street, N.E., in Buf- property, including any improvements thereon, (4) The Metlakatla Indian Community. falo, Minnesota, and contains a former Army at Marine Corps Air Station Miramar, San (c) COVERED PROPERTY.—Subsection (a) ap- Reserve Training Center, which is being used by Diego, California, consisting of approximately plies to real property located in the State of the School District as the site of the Phoenix 60 acres and appurtenant easements and any Alaska that— Learning Center. other necessary interests in real property for the (1) is under the jurisdiction of the Department (b) DESCRIPTION OF PROPERTY.—The exact purpose of permitting the Corporation to use the of the Army and, before December 2, 1980, was acreage and legal description of the real prop- property for the production of electric power under such jurisdiction for the use of the Alaska erty to be conveyed under subsection (a) shall be and related ancillary activities. National Guard; determined by a survey satisfactory to the Sec- (b) CONSIDERATION.—(1) As consideration for (2) is located in a unit of the National Wildlife retary. The cost of the survey shall be borne by the conveyance under subsection (a), the Cor- Refuge System designated in the Alaska Na- the School District. poration shall—

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00086 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.029 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2323 (A) convey to the United States all right, title, SEC. 2832. BOUNDARY ADJUSTMENTS, MARINE maintenance of runway protection zones and an and interest of the Corporation in and to a par- CORPS BASE, QUANTICO, AND aircraft accident potential protection zone as cel of real property in the San Diego area that PRINCE WILLIAM FOREST PARK, VIR- necessitated by continued military aircraft oper- is suitable for military family housing, as deter- GINIA. ations at the Utah Test and Training Range. mined by the Secretary; and (a) BOUNDARY ADJUSTMENTS AND RELATED (c) PHASED CONVEYANCES.—The land convey- TRANSFERS.—(1) The Secretary of the Navy and ances authorized by subsections (a) and (b) may (B) if the parcel conveyed under subpara- the Secretary of the Interior shall adjust the be conducted in phases. To the extent prac- graph (A) does not contain housing units suit- boundaries of Marine Corps Base, Quantico, ticable, the first phase of the conveyances able for use as military family housing, design Virginia, and Prince William Forest Park, Vir- should involve at least 3,000 acres. and construct such military family housing ginia, to conform to the boundaries depicted on (d) MANAGEMENT OF CONVEYED LANDS.—The units and supporting facilities as the Secretary the map entitled ‘‘Map Depicting Boundary Ad- lands conveyed under subsections (a) and (b) considers appropriate. justments Proposed With March 10, 1998, MOU shall be managed by the City of West Wendover, (2) The total combined value of the real prop- Between Prince William Forest Park and Ma- Nevada, City of Wendover, Utah, Tooele Coun- erty and military family housing conveyed by rine Corps Base Quantico’’. ty, Utah, and Elko County, Nevada— the Corporation under this subsection shall be (2) As part of the boundary adjustment, the (1) in accordance with the provisions of an at least equal to the fair market value of the Secretary of the Navy shall transfer, without re- Interlocal Memorandum of Agreement entered real property conveyed to the Secretary under imbursement, to the administrative jurisdiction into between the Cities of West Wendover, Ne- subsection (a), including any severance costs of the Secretary of the Interior approximately vada, and Wendover, Utah, Tooele County, arising from any diminution of the value or util- 352 acres of land, as depicted on the map, and Utah, and Elko County, Nevada, providing for ity of other property at Marine Corps Air Sta- the Secretary of the Interior shall retain admin- the coordinated management and development tion Miramar attributable to the prospective fu- istrative jurisdiction over approximately 1,034 of the lands for the economic benefit of both ture use of the property conveyed under sub- acres of land, which is a portion of the Depart- communities; and section (a). ment of Interior land commonly known as the (2) in a manner that is consistent with such Quantico Special Use Permit Land. provisions of the easements referred to sub- (3) The Secretary shall determine the fair mar- (3) As part of the boundary adjustment, the sections (a) and (b) that, as jointly determined ket value of the real property to be conveyed Secretary of the Interior shall transfer, without by the Secretary of the Air Force and Secretary under subsection (a) and the fair market value reimbursement, to the administrative jurisdic- of the Interior, remain applicable and relevant of the consideration to be provided under this tion of the Secretary of the Navy approximately to the operation and management of the lands subsection. Such determinations shall be final. 3398 acres of land, as depicted on the map. following conveyance and are consistent with (c) REVERSIONARY INTEREST.—(1) Subject to (b) EFFECT OF SUBSEQUENT DETERMINATION the provisions of this section. paragraph (2), if the Secretary determines at PROPERTY IS EXCESS.—(1) If land transferred or (e) ADDITIONAL TERMS AND CONDITIONS.—The any time that the property conveyed under sub- retained under paragraph (2) or (3) of sub- Secretary of the Air Force and the Secretary of section (a) is not being used in accordance with section (a) is subsequently determined to be ex- the Interior may jointly require such additional the purpose of the conveyance specified in such cess to the needs of the Federal agency that re- terms and conditions in connection with the subsection, all right, title, and interest in and to ceived or retained the land, the head of that conveyances required by subsections (a) and (b) the property, including any improvements there- Federal agency shall offer to return administra- as the Secretaries consider appropriate to pro- on, shall revert, at the option of the Secretary, tive jurisdiction over the land, without reim- tect the interests of the United States. to the United States, and the United States shall bursement, to the Federal agency from which Subtitle D—Other Matters have the right of immediate entry onto the prop- the land was received or retained. SEC. 2861. EASEMENT FOR CONSTRUCTION OF erty. Any determination of the Secretary under (2) If the offer under paragraph (1) is not ac- ROADS OR HIGHWAYS, MARINE this subsection shall be made on the record after cepted within 90 days or is otherwise rejected, CORPS BASE, CAMP PENDLETON, an opportunity for a hearing. the head of the Federal agency holding the land CALIFORNIA. may proceed to dispose of the land under then Section 2851(a) of the Military Construction (2) If Marine Corps Air Station Miramar is no Authorization Act for Fiscal Year 1999 (division longer used as a Federal aviation facility, para- current law and regulations governing the dis- posal of excess property. B of Public Law 105–261; 112 Stat. 2219), as graph (1) shall no longer apply, and the Sec- amended by section 2867 of the National Defense retary shall release, without consideration, the PART III—AIR FORCE CONVEYANCES Authorization Act for Fiscal Year 2002 (Public reversionary interest retained by the United SEC. 2841. LAND CONVEYANCES, WENDOVER AIR Law 107–107; 115 Stat. 1334) is amended in the States under such paragraph. FORCE BASE AUXILIARY FIELD, NE- first sentence by striking ‘‘easement to con- VADA. (d) ADMINISTRATIVE EXPENSES.—(1) The Cor- struct’’ and all that follows through the period poration shall make funds available to the Sec- (a) CONVEYANCES AUTHORIZED TO WEST at the end and inserting ‘‘easement to construct, retary to cover costs to be incurred by the Sec- WENDOVER, NEVADA.—(1) The Secretary of the operate, and maintain a restricted access high- retary, or reimburse the Secretary for costs in- Interior may convey, without consideration, to way, notwithstanding any provision of State curred, to carry out the conveyance under sub- the City of West Wendover, Nevada, all right, law that would otherwise prevent the Secretary section (a), including survey costs, costs related title, and interest of the United States in and to from granting the easement or the Agency from to environmental documentation, and other ad- the following: constructing, operating, or maintaining the re- ministrative costs related to the conveyance. (A) The lands at Wendover Air Force Base stricted access highway.’’. Auxiliary Field, Nevada, identified in Easement This paragraph does not apply to costs associ- SEC. 2862. SALE OF EXCESS TREATED WATER AND ated with the removal of explosive ordnance No. AFMC–HL–2–00–334 that are determined by WASTEWATER TREATMENT CAPAC- from the parcel and environmental remediation the Secretary of the Air Force to be no longer re- ITY, MARINE CORPS BASE, CAMP of the parcel. quired for Air Force purposes. LEJEUNE, NORTH CAROLINA. (B) The lands at Wendover Air Force Base (a) SALE AUTHORIZED.—The Secretary of the (2) Section 2695(c) of title 10 United States Auxiliary Field identified for disposition on the Navy may provide to Onslow County, North Code, shall apply to any amount received under map entitled ‘‘West Wendover, Nevada–Excess’’, Carolina, or any authority or political subdivi- paragraph (1). If the amounts received in ad- dated January 5, 2001, that are determined by sion organized under the laws of North Carolina vance under such paragraph exceed the costs the Secretary of the Air Force to be no longer re- to provide public water or sewage services in actually incurred by the Secretary, the Sec- quired for Air Force purposes. Onslow County (in this section referred to as retary shall refund the excess amount to the (2) The purposes of the conveyances under the ‘‘County’’), treated water and wastewater Corporation. this subsection are— treatment services from facilities at Marine (e) DESCRIPTIONS OF PROPERTY.—The exact (A) to permit the establishment and mainte- Corps Base, Camp Lejeune, North Carolina, if acreage and legal descriptions of the real prop- nance of runway protection zones; and the Secretary determines that the provision of erty to be conveyed by the Secretary under sub- (B) to provide for the development of an in- these utility services is in the public interest and section (a) and the property to be conveyed by dustrial park and related infrastructure. will not interfere with current or future oper- the Corporation under subsection (b) shall be (3) The map referred to in paragraph (1)(B) ations at Camp Lejeune. determined by a survey satisfactory to the Sec- shall be on file and available for public inspec- (b) INAPPLICABILITY OF CERTAIN REQUIRE- retary. tion in the offices of the Director of the Bureau MENTS.—Section 2686 of title 10, United States of Land Management and the Elko District Of- Code, shall not apply to the provision of public (f) EXEMPTIONS.—Section 2696 of title 10, fice of the Bureau of Land Management. water or sewage services authorized by sub- United States Code, does not apply to the con- (b) CONVEYANCE AUTHORIZED TO TOOELE section (a). veyance authorized by subsection (a), and the COUNTY, UTAH.—(1) The Secretary of the Inte- (c) CONSIDERATION.—As consideration for the authority to make the conveyance shall not be rior may convey, without consideration, to receipt of public water or sewage services under considered to render the property excess or un- Tooele County, Utah, all right, title, and inter- subsection (a), the County shall pay to the Sec- derutilized. est of the United States in and to the lands at retary an amount (in cash or in kind) equal to (g) ADDITIONAL TERMS AND CONDITIONS.—The Wendover Air Force Base Auxiliary Field identi- the fair market value of the services. Amounts Secretary may require such additional terms fied in Easement No. AFMC–HL–2–00–318 that received in cash shall be credited to the base op- and conditions in connection with the convey- are determined by the Secretary of the Air Force eration and maintenance accounts of Camp ances authorized by this section as the Sec- to be no longer required for Air Force purposes. Lejeune. retary considers appropriate to protect the inter- (2) The purpose of the conveyance under this (d) EXPANSION.—The Secretary may make ests of the United States. subsection is to permit the establishment and minor expansions and extensions and permit

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00087 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.029 pfrm15 PsN: H09PT1 H2324 CONGRESSIONAL RECORD — HOUSE May 9, 2002 connections to the public water or sewage sys- tion under the Agreement and this section. In cision of the Commission to add a military in- tems of the County in order to furnish the serv- the event any of the lands are subsequently ac- stallation to the Secretary’s list of installations ices authorized under subsection (a). The Sec- quired by the United States, they shall be auto- recommended for closure must be unanimous, retary shall restrict the provision of services to matically included in the National Wildlife Ref- and at least two members of the Commission the County to those areas in the County where uge System. The laws and regulations applica- must have visited the installation during the pe- residential development would be compatible ble to refuge lands shall then apply to these riod of the Commission’s review of the list.’’. with current and future operations at Camp lands and the Secretary shall then adjust the DIVISION C—DEPARTMENT OF ENERGY Lejeune. boundaries accordingly. NATIONAL SECURITY AUTHORIZATIONS (e) ADMINISTRATIVE EXPENSES.—The Secretary (e) CONVEYANCE OF NAVY PERSONAL PROP- AND OTHER AUTHORIZATIONS may require the County to reimburse the Sec- ERTY.—Notwithstanding any other provision of TITLE XXXI—DEPARTMENT OF ENERGY retary for the costs incurred by the Secretary to law, and for the purposes of the transfer of NATIONAL SECURITY PROGRAMS provide public water or sewage services to the property authorized by this section, Department County under subsection (a). of Navy personal property that remains on Adak Subtitle A—National Security Programs (2) Section 2695(c) of title 10 United States Island is deemed related to the real property Authorizations Code, shall apply to any amount received under and shall be conveyed by the Department of the SEC. 3101. NATIONAL NUCLEAR SECURITY ADMIN- this subsection. Navy to the Aleut Corporation, at no additional ISTRATION. (f) ADDITIONAL TERMS AND CONDITIONS.—The cost, when the related real property is conveyed (a) AUTHORIZATION OF APPROPRIATIONS.— Secretary may require such additional terms by the Department of the Interior. Funds are hereby authorized to be appropriated and conditions in connection with the provision (f) ADDITIONAL CONVEYANCE.—The Secretary to the Department of Energy for fiscal year 2003 of public water or sewage services under this of the Interior shall convey to the Aleut Cor- for the activities of the National Nuclear Secu- section as the Secretary considers appropriate to poration those lands identified in the Agreement rity Administration in carrying out programs protect the interests of the United States. as the former landfill sites without charge to the necessary for national security in the amount of SEC. 2863. RATIFICATION OF AGREEMENT RE- Aleut Corporation’s entitlement under the Alas- $8,034,349,000, to be allocated as follows: GARDING ADAK NAVAL COMPLEX, ka Native Claims Settlement Act. (1) For weapons activities, $5,937,000,000. ALASKA, AND RELATED LAND CON- (g) VALUATION.—For purposes of section 21(c) (2) For defense nuclear nonproliferation ac- VEYANCES. of the Alaska Native Claims Settlement Act, the tivities, $1,074,630,000. (a) RATIFICATION OF AGREEMENT.—The docu- receipt of all property by the Aleut Corporation (3) For naval reactors, $706,790,000. (4) For the Office of the Administrator for Nu- ment entitled the ‘‘Agreement Concerning the shall be entitled to a tax basis equal to fair clear Security, $315,929,000. Conveyance of Property at the Adak Naval value on date of transfer. Fair value shall be de- (b) AUTHORIZATION OF NEW PLANT Complex’’, and dated September 20, 2000, exe- termined by replacement cost appraisal. PROJECTS.—From funds referred to in subsection cuted by the Aleut Corporation, the Department (h) CERTAIN PROPERTY TREATED AS NOT DE- (a) that are available for carrying out plant of the Interior, and the Department of the Navy, VELOPED.—Any property, including, but not projects, the Secretary may carry out new plant together with any technical amendments or limited to, appurtenances and improvements, re- projects as follows: modifications to the boundaries that may be ceived pursuant to this section shall, for pur- agreed to by the parties, is hereby ratified, con- (1) For weapons activities, the following new poses of section 21(d) of the Alaska Native plant projects: firmed, and approved and the terms, conditions, Claims Settlement Act and section 907(d) of the procedures, covenants, reservations, indemnities Project 03–D–101, Sandia underground reactor Alaska National Interest Lands Conservation facility (SURF), Sandia National Laboratories, and other provisions set forth in the Agreement Act be treated as not developed until such prop- are declared to be obligations and commitments Albuquerque, New Mexico, $2,000,000. erty is actually occupied, leased (other than Project 03–D–103, project engineering and de- of the United States as a matter of Federal law. leases for nominal consideration to public enti- sign, various locations, $15,539,000. Modifications to the maps and legal descriptions ties) or sold by the Aleut Corporation, or, in the Project 03–D–121, gas transfer capacity expan- of lands to be removed from the National Wild- case of a lease or other transfer by the Aleut sion, Kansas City Plant, Kansas City, Missouri, life Refuge System within the military with- Corporation to a wholly owned development $4,000,000. drawal on Adak Island set forth in Public Land subsidiary, actually occupied, leased, or sold by Project 03–D–122, prototype purification facil- Order 1949 may be made only upon agreement of the subsidiary. ity, Y–12 plant, Oak Ridge, Tennessee, all Parties to the Agreement and notification (i) CERTAIN LANDS UNAVAILABLE FOR SELEC- $20,800,000. given to the Committee on Resources of the TION.—Upon conveyance to the Aleut Corpora- Project 03–D–123, special nuclear materials re- House of Representatives and the Committee on tion of the lands described in Appendix A of the qualification, Pantex plant, Amarillo, Texas, Energy and Natural Resources of the Senate. Agreement, the lands described in Appendix C of $3,000,000. The acreage conveyed to the United States by the Agreement will become unavailable for selec- (2) For naval reactors, the following new the Aleut Corporation under the Agreement, as tion under the Alaska Native Claims Settlement plant project: modified, shall be at least 36,000 acres. Act. Project 03–D–201, cleanroom technology facil- (b) REMOVAL OF LANDS FROM REFUGE.—Effec- (j) MAPS.—The maps included as part of Ap- ity, Bettis Atomic Power Laboratory, West Miff- tive on the date of conveyance to the Aleut Cor- pendix A to the Agreement depict the lands to be lin, Pennsylvania, $7,200,000. poration of the Adak Exchange Lands as de- conveyed to the Aleut Corporation. The maps SEC. 3102. ENVIRONMENTAL AND OTHER DE- scribed in the Agreement, all such lands shall be are on file at the Region 7 Office of the United FENSE ACTIVITIES. removed from the National Wildlife Refuge Sys- States Fish and Wildlife Service and the offices (a) AUTHORIZATION OF APPROPRIATIONS.— tem and shall neither be considered as part of of the Alaska Maritime National Wildlife Refuge Funds are hereby authorized to be appropriated the Alaska Maritime National Wildlife Refuge in Homer, Alaska. The written legal descriptions to the Department of Energy for fiscal year 2003 nor subject to any laws pertaining to lands of the lands to be conveyed to the Aleut Cor- for environmental restoration and waste man- within the boundaries of the Alaska Maritime poration are also part of Appendix A. In case of agement activities and other defense activities in National Wildlife Refuge. The conveyance re- discrepancies, the maps shall control. carrying out programs necessary for national se- strictions imposed by section 22(g) of the Alaska (k) DEFINITIONS.—In this section: curity in the amount of $7,366,510,000, to be allo- Native Claims Settlement Act (43 U.S.C. 1621(g)) (1) The term ‘‘Agreement’’ means the agree- cated as follows: for land in the National Wildlife Refuge System ment ratified, confirmed, and approved under (1) For defense environmental restoration and shall not apply. The Secretary shall adjust the subsection (a). waste management, $4,544,133,000. boundaries of the Refuge so as to exclude all in- (2) The term ‘‘Aleut Corporation’’ means the (2) For defense environmental management terests in lands and land rights, surface and Alaskan Native Regional Corporation known as cleanup reform in carrying out environmental subsurface, received by the Aleut Corporation in the Aleut Corporation incorporated in the State restoration and waste management activities accordance with this section and the Agreement. of Alaska pursuant to the Alaska Native Claims necessary for national security programs, (c) RELATION TO ALASKA NATIVE CLAIMS SET- Settlement Act (43 U.S.C. 1601 et seq.). $800,000,000. TLEMENT ACT.—Lands and interests therein ex- SEC. 2864. SPECIAL REQUIREMENTS FOR ADDING (3) For defense facilities closure projects, changed and conveyed by the United States MILITARY INSTALLATION TO CLO- $1,091,314,000. pursuant to this section shall be considered and SURE LIST. (4) For defense environmental management treated as conveyances of lands or interests Section 2914(d) of the Defense Base Closure privatization, $158,399,000. therein under the Alaska Native Claims Settle- and Realignment Act of 1990 (part A of title (5) For other defense activities in carrying out ment Act, except that receipt of such lands and XXIX of Public Law 101–510; 10 U.S.C. 2687 programs necessary for national security, interests therein shall not constitute a sale or note), as added by section 3003 of the Military $457,664,000. disposition of land or interests received pursu- Construction Authorization Act for Fiscal Year (6) For defense nuclear waste disposal for ant to such Act. The public easements for access 2002 (division B of Public Law 107–107; 155 Stat, payment to the Nuclear Waste Fund established to public lands and waters reserved pursuant to 1346), is amended— in section 302(c) of the Nuclear Waste Policy Act the Agreement are deemed to satisfy the require- (1) by redesignating paragraphs (4) and (5) as of 1982 (42 U.S.C. 10222(c)), $315,000,000. ments and purposes of section 17(b) of the Alas- paragraphs (5) and (6), respectively; and (b) AUTHORIZATION OF NEW PLANT PROJECT.— ka Native Claims Settlement Act. (2) by inserting after paragraph (3) the fol- From funds referred to in subsection (a) that are (d) REACQUISITION AUTHORITY.—The Sec- lowing new paragraph (4): available for carrying out plant projects, the retary of the Interior is authorized to acquire by ‘‘(4) LIMITATION ON AUTHORITY TO REC- Secretary may carry out, for environmental res- purchase or exchange, on a willing seller basis OMMEND ADDITIONAL INSTALLATION FOR CLO- toration and waste management activities, the only, any land conveyed to the Aleut Corpora- SURE.—Notwithstanding paragraph (3), the de- following new plant project:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00088 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.030 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2325 Project 03–D–403, immobilized high-level waste project’’ means any plant project not specifi- SEC. 3125. AUTHORITY FOR CONCEPTUAL AND interim storage facility, Richland, Washington, cally authorized by law for which the approved CONSTRUCTION DESIGN. $6,363,000. total estimated cost does not exceed the minor (a) REQUIREMENT OF CONCEPTUAL DESIGN.— construction threshold. (1) IN GENERAL.—Subject to paragraph (2) and Subtitle B—Department of Energy National except as provided in paragraph (3), before sub- SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. Security Authorizations General Provisions mitting to Congress a request for funds for a (a) IN GENERAL.— SEC. 3120. SHORT TITLE; DEFINITIONS. construction project that is in support of a na- (1) CONSTRUCTION COST CEILING.—Except as (a) SHORT TITLE.—This subtitle may be cited tional security program of the Department of provided in paragraph (2), construction on a as the ‘‘Department of Energy National Security Energy, the Secretary of Energy shall complete construction project which is in support of na- Authorizations General Provisions Act’’. a conceptual design for that project. (b) DEFINITIONS.—In this subtitle: tional security programs of the Department of (2) REQUESTS FOR CONCEPTUAL DESIGN (1) The term ‘‘DOE national security author- Energy and was authorized by a DOE national FUNDS.—If the estimated cost of completing a ization’’ means an authorization of appropria- security authorization may not be started, and conceptual design for a construction project ex- tions for activities of the Department of Energy additional obligations in connection with the ceeds $3,000,000, the Secretary shall submit to in carrying out programs necessary for national project above the total estimated cost may not be Congress a request for funds for the conceptual security. incurred, whenever the current estimated cost of design before submitting a request for funds for (2) The term ‘‘congressional defense commit- the construction project exceeds by more than 25 the construction project. tees’’ means— percent the higher of— (3) EXCEPTIONS.—The requirement in para- (A) the Committee on Armed Services and the (A) the amount authorized for the project; or graph (1) does not apply to a request for funds— Committee on Appropriations of the Senate; and (B) the amount of the total estimated cost for (A) for a construction project the total esti- (B) the Committee on Armed Services and the the project as shown in the most recent budget mated cost of which is less than the minor con- Committee on Appropriations of the House of justification data submitted to Congress. struction threshold; or Representatives. (2) EXCEPTION WHERE NOTICE-AND-WAIT (B) for emergency planning, design, and con- (3) The term ‘‘minor construction threshold’’ GIVEN.—An action described in paragraph (1) struction activities under section 3126. means $5,000,000. may be taken if— (b) AUTHORITY FOR CONSTRUCTION DESIGN.— SEC. 3121. REPROGRAMMING. (A) the Secretary of Energy has submitted to (1) IN GENERAL.—Within the amounts author- ized by a DOE national security authorization, (a) IN GENERAL.—Except as provided in sec- the congressional defense committees a report on tions 3129 and 3130, the Secretary of Energy may the actions and the circumstances making such the Secretary of Energy may carry out construc- not use amounts appropriated pursuant to a action necessary; and tion design (including architectural and engi- DOE national security authorization for a pro- (B) a period of 30 days has elapsed after the neering services) in connection with any pro- gram— date on which the report is received by the com- posed construction project if the total estimated (1) in amounts that exceed, in a fiscal year, mittees. cost for such design does not exceed $600,000. (2) SPECIFIC AUTHORITY REQUIRED.—If the the amount authorized for that program by that (3) COMPUTATION OF DAYS.—In the computa- total estimated cost for construction design in authorization for that fiscal year; or tion of the 30-day period under paragraph (2), (2) which has not been presented to, or re- there shall be excluded any day on which either connection with any construction project ex- quested of, Congress, House of Congress is not in session because of ceeds $600,000, funds for that design must be until the Secretary submits to the congressional an adjournment of more than three days to a specifically authorized by law. defense committees a report referred to in sub- day certain. SEC. 3126. AUTHORITY FOR EMERGENCY PLAN- section (b) with respect to that program and a (b) EXCEPTION FOR MINOR PROJECTS.—Sub- NING, DESIGN, AND CONSTRUCTION ACTIVITIES. period of 30 days has elapsed after the date on section (a) does not apply to a construction project with a current estimated cost of less (a) AUTHORITY.—The Secretary of Energy which such committees receive the report. may use any funds available to the Department (b) REPORT.—The report referred to in sub- than the minor construction threshold. of Energy pursuant to a DOE national security section (a) is a report containing a full and com- SEC. 3124. FUND TRANSFER AUTHORITY. authorization, including funds authorized to be plete statement of the action proposed to be (a) TRANSFER TO OTHER FEDERAL AGENCIES.— appropriated for advance planning, engineer- taken and the facts and circumstances relied The Secretary of Energy may transfer funds au- ing, and construction design, and for plant upon in support of the proposed action. thorized to be appropriated to the Department of projects, to perform planning, design, and con- (c) COMPUTATION OF DAYS.—In the computa- Energy pursuant to a DOE national security struction activities for any Department of En- tion of the 30-day period under subsection (a), authorization to other Federal agencies for the ergy national security program construction there shall be excluded any day on which either performance of work for which the funds were project that, as determined by the Secretary, House of Congress is not in session because of authorized. Funds so transferred may be merged must proceed expeditiously in order to protect an adjournment of more than three days to a with and be available for the same purposes and public health and safety, to meet the needs of day certain. for the same time period as the authorizations of national defense, or to protect property. (d) LIMITATIONS.— the Federal agency to which the amounts are (b) LIMITATION.—The Secretary may not exer- (1) TOTAL AMOUNT OBLIGATED.—In no event transferred. cise the authority under subsection (a) in the may the total amount of funds obligated pursu- (b) TRANSFER WITHIN DEPARTMENT OF EN- case of a construction project until the Sec- ant to a DOE national security authorization ERGY.— retary has submitted to the congressional de- for a fiscal year exceed the total amount author- (1) TRANSFERS PERMITTED.—Subject to para- fense committees a report on the activities that ized to be appropriated by that authorization graph (2), the Secretary of Energy may transfer the Secretary intends to carry out under this for that fiscal year. funds authorized to be appropriated to the De- section and the circumstances making those ac- (2) PROHIBITED ITEMS.—Funds appropriated partment of Energy pursuant to a DOE national tivities necessary. pursuant to a DOE national security authoriza- security authorization between any such au- (c) SPECIFIC AUTHORITY.—The requirement of tion may not be used for an item for which Con- thorizations. Amounts of authorizations so section 3125(b)(2) does not apply to emergency gress has specifically denied funds. transferred may be merged with and be avail- planning, design, and construction activities SEC. 3122. MINOR CONSTRUCTION PROJECTS. able for the same purposes and for the same pe- conducted under this section. (a) AUTHORITY.—Using operation and mainte- riod as the authorization to which the amounts SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL nance funds or facilities and infrastructure are transferred. SECURITY PROGRAMS OF THE DE- funds authorized by a DOE national security (2) MAXIMUM AMOUNTS.—Not more than 5 per- PARTMENT OF ENERGY. authorization, the Secretary of Energy may cent of any such authorization may be trans- Subject to the provisions of appropriation Acts carry out minor construction projects. ferred between authorizations under paragraph and section 3121, amounts appropriated pursu- (b) ANNUAL REPORT.—The Secretary shall (1). No such authorization may be increased or ant to a DOE national security authorization submit to the congressional defense committees decreased by more than 5 percent by a transfer for management and support activities and for on an annual basis a report on each exercise of under such paragraph. general plant projects are available for use, the authority in subsection (a) during the pre- (c) LIMITATIONS.—The authority provided by when necessary, in connection with all national ceding fiscal year. Each report shall provide a this subsection to transfer authorizations— security programs of the Department of Energy. brief description of each minor construction (1) may be used only to provide funds for SEC. 3128. AVAILABILITY OF FUNDS. project covered by the report. items relating to activities necessary for na- (a) IN GENERAL.—Except as provided in sub- (c) COST VARIATION REPORTS TO CONGRES- tional security programs that have a higher pri- section (b), amounts appropriated for operation SIONAL COMMITTEES.—If, at any time during the ority than the items from which the funds are and maintenance or for plant projects may, construction of any minor construction project transferred; and when so specified in an appropriations Act, re- authorized by a DOE national security author- (2) may not be used to provide funds for an main available until expended. ization, the estimated cost of the project is re- item for which Congress has specifically denied (b) EXCEPTION FOR NNSA FUNDS.—Amounts vised and the revised cost of the project exceeds funds. appropriated for the National Nuclear Security the minor construction threshold, the Secretary (d) NOTICE TO CONGRESS.—The Secretary of Administration pursuant to a DOE national se- shall immediately submit to the congressional Energy shall promptly notify the Committee on curity authorization for a fiscal year shall re- defense committees a report explaining the rea- Armed Services of the Senate and the Committee main available to be expended— sons for the cost variation. on Armed Services of the House of Representa- (1) only until the end of that fiscal year, in (d) MINOR CONSTRUCTION PROJECT DEFINED.— tives of any transfer of funds to or from any the case of amounts appropriated for the Office In this section, the term ‘‘minor construction DOE national security authorization. of the Administrator for Nuclear Security; and

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00089 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.030 pfrm15 PsN: H09PT1 H2326 CONGRESSIONAL RECORD — HOUSE May 9, 2002

(2) only in that fiscal year and the two suc- subsection (a) to cover a cost overrun or sched- (c) REFERENCES.—Any reference in any other ceeding fiscal years, in all other cases. uling delay for any program or project. Federal law to the Secretary of Defense (or an SEC. 3129. TRANSFER OF DEFENSE ENVIRON- (5) IMPERMISSIBLE USES.—Funds transferred officer of the Department of Defense) or the De- MENTAL MANAGEMENT FUNDS. pursuant to subsection (a) may not be used for partment of Defense shall, to the extent such (a) TRANSFER AUTHORITY FOR DEFENSE ENVI- an item for which Congress has specifically de- reference pertains to a function transferred by RONMENTAL MANAGEMENT FUNDS.—The Sec- nied funds or for a new program or project that this section, be deemed to refer to the Adminis- retary of Energy shall provide the manager of has not been authorized by Congress. trator for Nuclear Security or the National Nu- each field office of the Department of Energy (c) EXEMPTION FROM REPROGRAMMING RE- clear Security Administration, as applicable. with the authority to transfer defense environ- QUIREMENTS.—The requirements of section 3121 SEC. 3143. REPEAL OF REQUIREMENT FOR RE- mental management funds from a program or shall not apply to transfers of funds pursuant to PORTS ON OBLIGATION OF FUNDS project under the jurisdiction of that office to subsection (a). FOR PROGRAMS ON FISSILE MATE- another such program or project. (d) NOTIFICATION.—The Secretary, acting RIALS IN RUSSIA. (b) LIMITATIONS.— through the Administrator for Nuclear Security, Section 3131 of the National Defense Author- (1) NUMBER OF TRANSFERS.—Not more than shall notify Congress of any transfer of funds ization Act for Fiscal Year 1996 (Public Law one transfer may be made to or from any pro- pursuant to subsection (a) not later than 30 104–106; 110 Stat. 617; 22 U.S.C. 5952 note) is gram or project under subsection (a) in a fiscal days after such transfer occurs. amended— year. (e) DEFINITIONS.—In this section— (1) in subsection (a), by striking ‘‘(a) AUTHOR- (2) AMOUNTS TRANSFERRED.—The amount (1) the term ‘‘program or project’’ means, with ITY.—’’; and transferred to or from a program or project in respect to a field office of the Department of En- (2) by striking subsection (b). any one transfer under subsection (a) may not ergy, a program or project that is for weapons SEC. 3144. ANNUAL CERTIFICATION TO THE exceed $5,000,000. activities necessary for national security pro- PRESIDENT AND CONGRESS ON THE (3) DETERMINATION REQUIRED.—A transfer grams of the Department, that is being carried CONDITION OF THE UNITED STATES may not be carried out by a manager of a field out by that office, and for which weapons ac- NUCLEAR WEAPONS STOCKPILE. office under subsection (a) unless the manager tivities funds have been authorized and appro- (a) CERTIFICATION REQUIRED.—(1) Not later determines that the transfer is necessary— priated; and than January 15 of each year, each official (A) to address a risk to health, safety, or the (2) the term ‘‘weapons activities funds’’ means specified in subsection (b)(1) shall submit to the environment; or funds appropriated to the Department of Energy Secretary concerned a certification regarding (B) to assure the most efficient use of defense pursuant to an authorization for carrying out the safety, reliability, and performance of each environmental management funds at the field weapons activities necessary for national secu- nuclear weapon type in the active stockpile of office. rity programs. the United States for which such official is re- (4) IMPERMISSIBLE USES.—Funds transferred SEC. 3131. SCOPE OF AUTHORITY TO CARRY OUT sponsible. pursuant to subsection (a) may not be used for PLANT PROJECTS. (2) Not later than February 1 of each year, an item for which Congress has specifically de- In carrying out programs necessary for na- the Secretary of Defense and the Secretary of nied funds or for a new program or project that tional security, the authority of the Secretary of Energy shall each submit to the President and has not been authorized by Congress. Energy to carry out plant projects includes au- the Congress— (c) EXEMPTION FROM REPROGRAMMING RE- thority for maintenance, restoration, planning, (A) each certification, without change, sub- QUIREMENTS.—The requirements of section 3121 construction, acquisition, modification of facili- mitted under paragraph (1) to that Secretary; shall not apply to transfers of funds pursuant to ties, and the continuation of projects authorized (B) each report, without change, submitted subsection (a). in prior years, and land acquisition related under subsection (d) to that Secretary; (d) NOTIFICATION.—The Secretary, acting thereto. (C) the comments of that Secretary with re- through the Assistant Secretary of Energy for Subtitle C—Program Authorizations, spect to each such certification and each such Environmental Management, shall notify Con- Restrictions, and Limitations report; and gress of any transfer of funds pursuant to sub- SEC. 3141. ONE-YEAR EXTENSION OF PANEL TO (D) any other information that the Secretary section (a) not later than 30 days after such ASSESS THE RELIABILITY, SAFETY, considers appropriate. transfer occurs. AND SECURITY OF THE UNITED (b) COVERED OFFICIALS AND SECRETARIES.—(1) (e) DEFINITIONS.—In this section— STATES NUCLEAR STOCKPILE. The officials referred to in subsection (a) are the (1) the term ‘‘program or project’’ means, with Section 3159 of the Strom Thurmond National following: respect to a field office of the Department of En- Defense Authorization Act for Fiscal Year 1999 (A) The head of each national security lab- ergy, a program or project that is for environ- (42 U.S.C. 2121 note) is amended— oratory, as defined in section 3281 of the Na- mental restoration or waste management activi- (1) in subsection (d), by striking ‘‘February 1, tional Nuclear Security Administration Act (50 ties necessary for national security programs of 2002,’’ and inserting ‘‘February 1 of 2002 and U.S.C. 2471). the Department, that is being carried out by 2003,’’; and (B) The commander of the United States Stra- that office, and for which defense environ- (2) in subsection (g), by striking ‘‘three years’’ tegic Command. mental management funds have been authorized and all that follows through the period at the (2) In this section, the term ‘‘Secretary con- and appropriated; and end and inserting ‘‘April 1, 2003.’’. cerned’’ means— (2) the term ‘‘defense environmental manage- SEC. 3142. TRANSFER TO NATIONAL NUCLEAR SE- (A) the Secretary of Energy, with respect to ment funds’’ means funds appropriated to the CURITY ADMINISTRATION OF DE- matters concerning the Department of Energy; Department of Energy pursuant to an author- PARTMENT OF DEFENSE’S COOPERA- and ization for carrying out environmental restora- TIVE THREAT REDUCTION PROGRAM (B) the Secretary of Defense, with respect to RELATING TO ELIMINATION OF matters concerning the Department of Defense. tion and waste management activities necessary WEAPONS GRADE PLUTONIUM IN for national security programs. RUSSIA. (c) USE OF ‘‘RED TEAMS’’ FOR LABORATORY CERTIFICATIONS.—The head of each national se- SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES (a) TRANSFER OF PROGRAM.—There are hereby FUNDS. transferred to the Administrator for Nuclear Se- curity laboratory shall, to assist in the certifi- (a) TRANSFER AUTHORITY FOR WEAPONS AC- curity the following: cation process required by subsection (a), estab- TIVITIES FUNDS.—The Secretary of Energy shall (1) The program, within the Cooperative lish one or more teams of experts known as ‘‘red provide the manager of each field office of the Threat Reduction program of the Department of teams’’. Each such team shall— Department of Energy with the authority to Defense, relating to the elimination of weapons (1) subject to challenge the matters covered by transfer weapons activities funds from a pro- grade plutonium in Russia. that laboratory’s certification, and submit the gram or project under the jurisdiction of that of- (2) All functions, powers, duties, and activi- results of such challenge, together with findings fice to another such program or project. ties of that program performed before the date of and recommendations, to the head of that lab- (b) LIMITATIONS.— the enactment of this Act by the Department of oratory; and (1) NUMBER OF TRANSFERS.—Not more than Defense. (2) carry out peer review of the certifications one transfer may be made to or from any pro- (b) TRANSFER OF ASSETS.—(1) So much of the carried out by the other laboratories, and submit gram or project under subsection (a) in a fiscal property, records, and unexpended balances of the results of such peer review to the head of the year. appropriations, allocations, and other funds em- laboratory concerned. (2) AMOUNTS TRANSFERRED.—The amount ployed, used, held, available, or to be made (d) REPORT ACCOMPANYING CERTIFICATION.— transferred to or from a program or project in available in connection with the program trans- Each official specified in subsection (b)(1) shall any one transfer under subsection (a) may not ferred by subsection (a) are transferred to the submit with each such certification a report on exceed $5,000,000. Administrator for use in connection with the the stockpile stewardship and management pro- (3) DETERMINATION REQUIRED.—A transfer program transferred. gram of the Department of Energy. The report may not be carried out by a manager of a field (2) Funds so transferred— shall include the following: office under subsection (a) unless the manager (A) shall be credited to the appropriation ac- (1) An assessment of the adequacy of the determines that the transfer— count of the Department of Energy for the ac- science-based tools and methods being used to (A) is necessary to address a risk to health, tivities of the National Nuclear Security Admin- determine the matters covered by the certifi- safety, or the environment; or istration in carrying out defense nuclear non- cation. (B) will result in cost savings and efficiencies. proliferation activities; and (2) An assessment of the capability of the (4) LIMITATION.—A transfer may not be car- (B) remain subject to such limitations as ap- manufacturing infrastructure required by sec- ried out by a manager of a field office under plied to such funds before such transfer. tion 3137 of the National Defense Authorization

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Act for Fiscal Year 1996 (42 U.S.C. 2121 note) to (d) SITE PERFORMANCE MANAGEMENT PLAN TITLE XXXIII—NATIONAL DEFENSE identify and fix any inadequacy with respect to DEFINED.—For purposes of this section, a site STOCKPILE the matters covered by the certification. performance management plan for a site is a SEC. 3301. AUTHORIZED USES OF NATIONAL DE- (3) An assessment of the need of the United plan, agreed to by the applicable Federal and FENSE STOCKPILE FUNDS. States to resume testing of nuclear weapons and State agencies with regulatory jurisdiction with (a) OBLIGATION OF STOCKPILE FUNDS.—Dur- the readiness of the United States to resume respect to the site, for the performance of activi- ing fiscal year 2003, the National Defense Stock- such testing, together with an identification of ties to accelerate the reduction of environmental pile Manager may obligate up to $76,400,000 of the specific tests the conduct of which might risk in connection with, and to accelerate the the funds in the National Defense Stockpile have value and the anticipated value of con- environmental cleanup of, the site. Transaction Fund established under subsection ducting such tests. (e) DOE ENVIRONMENTAL MANAGEMENT AC- (a) of section 9 of the Strategic and Critical Ma- (4) An identification and discussion of any TIVITIES DEFINED.—For purposes of this section, terials Stock Piling Act (50 U.S.C. 98h) for the other matter that adversely affects the ability to the term ‘‘DOE environmental management ac- authorized uses of such funds under subsection accurately determine the matters covered by the tivities’’ means environmental restoration and (b)(2) of such section, including the disposal of certification. waste management activities of the Department hazardous materials that are environmentally (5) In the case of a report submitted by the of Energy in carrying out programs necessary sensitive. head of a national security laboratory, the find- for national security. (b) ADDITIONAL OBLIGATIONS.—The National ings and recommendations submitted by the SEC. 3152. REPORT ON STATUS OF ENVIRON- Defense Stockpile Manager may obligate ‘‘red teams’’ under subsection (c) that relate to MENTAL MANAGEMENT INITIATIVES amounts in excess of the amount specified in such certification, and a discussion of those TO ACCELERATE THE REDUCTION OF subsection (a) if the National Defense Stockpile findings and recommendations. ENVIRONMENTAL RISKS AND CHAL- Manager notifies Congress that extraordinary or (6) In the case of a report submitted by the LENGES POSED BY THE LEGACY OF THE COLD WAR. emergency conditions necessitate the additional head of a national security laboratory, a discus- (a) REPORT REQUIRED.—The Secretary of En- obligations. The National Defense Stockpile sion of the relative merits of other weapon types ergy shall prepare a report on the status of Manager may make the additional obligations that could accomplish the mission of the weapon those environmental management initiatives described in the notification after the end of the type covered by such certification. specified in subsection (b) that are being under- 45-day period beginning on the date on which (e) CLASSIFIED FORM.—Each submission re- taken to accelerate the reduction of the environ- Congress receives the notification. quired by this section shall be made only in clas- IMITATIONS.—The authorities provided by mental risks and challenges that, as a result of (c) L sified form. this section shall be subject to such limitations the legacy of the Cold War, are faced by the De- as may be provided in appropriations Acts. SEC. 3145. PLAN FOR ACHIEVING ONE-YEAR READ- partment of Energy, contractors of the Depart- INESS POSTURE FOR RESUMPTION ment, and applicable Federal and State agencies TITLE XXXIV—NAVAL PETROLEUM BY THE UNITED STATES OF UNDER- RESERVES GROUND NUCLEAR WEAPONS TESTS. with regulatory jurisdiction. (b) CONTENTS.—The report shall include the SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. (a) PLAN REQUIRED.—The Secretary of En- ergy, in consultation with the Administrator for following matters: (a) AMOUNT.—There are hereby authorized to (1) A discussion of the progress made in reduc- Nuclear Security, shall prepare a plan for be appropriated to the Secretary of Energy ing such risks and challenges in each of the fol- achieving, not later than one year after the date $21,069,000 for fiscal year 2003 for the purpose of lowing areas: on which the plan is submitted under subsection carrying out activities under chapter 641 of title (A) Acquisition strategy and contract manage- (c), a one-year readiness posture for resumption 10, United States Code, relating to the naval pe- ment. troleum reserves. by the United States of underground nuclear (B) Regulatory agreements. weapons tests. (b) PERIOD OF AVAILABILITY.—Funds appro- (C) Interim storage and final disposal of high- priated pursuant to the authorization of appro- (b) DEFINITION.—For purposes of this section, level waste, spent nuclear fuel, transuranic a one-year readiness posture for resumption by priations in subsection (a) shall remain avail- waste, and low-level waste. able until expended. the United States of underground nuclear weap- (D) Closure and transfer of environmental re- TITLE XXXV—MARITIME ADMINISTRATION ons tests is achieved when the Department of mediation sites. Energy has the capability to resume such tests, (E) Achievements in innovation by contractors SEC. 3501. AUTHORIZATION OF APPROPRIATIONS if directed by the President to resume such tests, of the Department with respect to accelerated FOR FISCAL YEAR 2003. not later than one year after the date on which risk reduction and cleanup. Funds are hereby authorized to be appro- the President so directs. (F) Consolidation of special nuclear materials priated for fiscal year 2003, to be available with- (c) REPORT.—The Secretary shall include with and improvements in safeguards and security. out fiscal year limitation if so provided in ap- the budget justification materials submitted to (2) An assessment of the progress made in propriations Acts, for the use of the Department Congress in support of the Department of En- streamlining risk reduction processes of the en- of Transportation for the Maritime Administra- ergy budget for fiscal year 2004 (as submitted vironmental management program of the De- tion as follows: with the budget of the President under section partment. (1) For expenses necessary for operations and 1105(a) of title 31, United States Code) a report (3) An assessment of the progress made in im- training activities, $93,132,000. on the plan required by subsection (a). The re- proving the responsiveness and effectiveness of (2) For expenses under the loan guarantee port shall include the plan and a budget for im- the environmental management program of the program authorized by title XI of the Merchant plementing the plan. Department. Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), $54,126,000, of which— Subtitle D—Matters Relating to Defense (4) Any proposals for legislation that the Sec- (A) $50,000,000 is for the cost (as defined in Environmental Management retary considers necessary to carry out such ini- tiatives, including the justification for each section 502(5) of the Federal Credit Reform Act SEC. 3151. DEFENSE ENVIRONMENTAL MANAGE- of 1990 (2 U.S.C. 661a(5))) of loan guarantees MENT CLEANUP REFORM PROGRAM. such proposal. (c) INITIATIVES COVERED.—The environmental under the program; and (a) PROGRAM REQUIRED.—From funds made management initiatives referred to in subsection (B) $4,126,000 is for administrative expenses available pursuant to section 3102(a)(2) for de- related to loan guarantee commitments under fense environmental management cleanup re- (a) are the initiatives arising out of the report titled ‘‘Top-to-Bottom Review of the Environ- the program. form, the Secretary of Energy shall carry out a (3) For expenses to dispose of obsolete vessels mental Management Program’’ and dated Feb- program to reform DOE environmental manage- in the National Defense Reserve Fleet, including ruary 4, 2002, with respect to the environmental ment activities. In carrying out the program, the provision of assistance under section 7 of Public restoration and waste management activities of Secretary shall allocate, to each site for which Law 92–402 (as amended by this title), the Department of Energy in carrying out pro- the Secretary has submitted to the congressional $20,000,000. defense committees a site performance manage- grams necessary for national security. (d) SUBMISSION OF REPORT.—On the date on SEC. 3502. AUTHORITY TO CONVEY VESSEL USS ment plan, the amount of those funds that such which the budget justification materials in sup- SPHINX (ARL–24). plan requires. port of the Department of Energy budget for fis- (a) IN GENERAL.—Notwithstanding any other (b) TRANSFER AND MERGER OF FUNDS.—Funds cal year 2004 (as submitted with the budget of law, the Secretary of Transportation may con- so allocated shall, notwithstanding section 3124, the President under section 1105(a) of title 31, vey the right, title, and interest of the United be transferred to the account for DOE environ- United States Code) are submitted to Congress, States Government in and to the vessel USS mental management activities and, subject to the Secretary shall submit to the congressional SPHINX (ARL–24), to the Dunkirk Historical subsection (c), shall be merged with and be defense committees the report required by sub- Lighthouse and Veterans Park Museum (a not- available for the same purposes and for the section (a). for-profit corporation, in this section referred to same period as the funds available in such ac- as the ‘‘recipient’’) for use as a military mu- count. The authority provided by section 3129 TITLE XXXII—DEFENSE NUCLEAR seum, if— shall apply to funds so transferred. FACILITIES SAFETY BOARD (1) the recipient agrees to use the vessel as a (c) LIMITATION ON USE OF ALL MERGED SEC. 3201. AUTHORIZATION. nonprofit military museum; FUNDS.—Upon a transfer and merger of funds There are authorized to be appropriated for (2) the vessel is not used for commercial trans- under subsection (b), all funds in the merged ac- fiscal year 2003, $19,000,000 for the operation of portation purposes; count that are available with respect to the site the Defense Nuclear Facilities Safety Board (3) the recipient agrees to make the vessel may be used only to carry out the site perform- under chapter 21 of the Atomic Energy Act of available to the Government when the Secretary ance management plan for such site. 1954 (42 U.S.C. 2286 et seq.). requires use of the vessel by the Government;

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00091 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.030 pfrm15 PsN: H09PT1 H2328 CONGRESSIONAL RECORD — HOUSE May 9, 2002 (4) the recipient agrees that when the recipi- necessary to justify and document the assist- announces from the floor a request to ent no longer requires the vessel for use as a ance; and that effect. military museum— ‘‘(2) may require a State receiving such assist- AMENDMENTS EN BLOC OFFERED BY MR. STUMP (A) the recipient will, at the discretion of the ance to comply with terms and conditions nec- Secretary, reconvey the vessel to the Govern- essary to protect the environment and the inter- Mr. STUMP. Mr. Chairman, I offer ment in good condition except for ordinary wear ests of the United States.’’. amendments en bloc consisting of the and tear; or (b) CONFORMING AMENDMENT.—Section 4(4) of following amendments printed in part (B) if the Board of Trustees of the recipient such Act (16 U.S.C. 1220a(4)) is amended by in- B of House Report 107–450: amendment has decided to dissolve the recipient according serting ‘‘(except for any financial assistance No. 11, amendment No. 12, amendment to the laws of the State of New York, then— provided under section 7)’’ after ‘‘at no cost to No. 13, amendment No. 14, amendment (i) the recipient shall distribute the vessel, as the Government’’. No. 16, amendment No. 17, amendment an asset of the recipient, to a person that has SEC. 3504. INDEPENDENT ANALYSIS OF TITLE XI been determined exempt from taxation under the INSURANCE GUARANTEE APPLICA- No. 18, amendment No. 19, amendment provisions of section 501(c)(3) of the Internal TIONS. No. 20, amendment No. 22 offered by Revenue Code, or to the Federal Government or Section 1104A of the Merchant Marine Act, the gentleman from Arkansas (Mr. a State or local government for a public pur- 1936 (46 App. U.S.C. 1274) is amended— SNYDER), amendment No. 23, amend- pose; and (1) by adding at the end of subsection (d) the ment No. 24, and amendment No. 22 of- (ii) the vessel shall be disposed of by a court following: fered by the gentleman from Kansas ‘‘(4) The Secretary may obtain independent of competent jurisdiction of the county in which (Mr. TIAHRT). the principal office of the recipient is located, analysis of an application for a guarantee or commitment to guarantee under this title.’’; and The CHAIRMAN. The Clerk will des- for such purposes as the court shall determine, ignate the amendments en bloc. or to such organizations as the court shall de- (2) in subsection (f) by inserting ‘‘(including termine are organized exclusively for public pur- for obtaining independent analysis under sub- The text of the amendments en bloc poses; section (d)(4))’’ after ‘‘applications for a guar- is as follows: (5) the recipient agrees to hold the Govern- antee’’. Amendment No. 11 offered by Mr. ment harmless for any claims arising from expo- The CHAIRMAN. No amendment to CULBERSON: sure to asbestos after conveyance of the vessel, the committee amendment in the na- At the end of title X (page 218, after line except for claims arising from use by the Gov- ture of a substitute is in order except 15), insert the following new section: ernment under paragraph (3) or (4); and SEC. ll. USE FOR LAW ENFORCEMENT PUR- those printed in House Report 107–450 POSES OF DNA SAMPLES MAIN- (6) the recipient has available, for use to re- and amendments en bloc described in store the vessel, in the form of cash, liquid as- TAINED BY DEPARTMENT OF DE- sets, or a written loan commitment, financial re- section 3 of House Resolution 415. FENSE FOR IDENTIFICATION OF HUMAN REMAINS. sources of at least $100,000. Except as specified in section 4 of the (a) IN GENERAL.—Chapter 80 of title 10, (b) DELIVERY OF VESSEL.—If a conveyance is resolution, each amendment printed in the report shall be considered only in United States Code, is amended by adding at made under this Act, the Secretary shall deliver the end the following new section: the vessel at the place where the vessel is lo- the order printed, may be offered only ‘‘§ 1566. DNA samples maintained for identi- cated on the date of enactment of this Act, in its by a Member designated in the report, present condition, without cost to the Govern- fication of human remains: use for law en- shall be considered read, and shall not forcement purposes ment. be subject to a demand for a division of (c) OTHER UNNEEDED EQUIPMENT.—The Sec- ‘‘(a) COMPLIANCE WITH COURT ORDER.—(1) retary may also convey any unneeded equip- the question. Subject to paragraph (2), if a valid order of a ment from other vessels in the National Defense Unless otherwise specified in the re- Federal court (or military judge) so requires, Reserve Fleet in order to restore the USS port, each amendment printed in the an element of the Department of Defense SPHINX (ARL–24) to museum quality. report shall be debatable for 10 min- that maintains a repository of DNA samples (d) RETENTION OF VESSEL IN NDRF.—The Sec- utes, equally divided and controlled by for the purpose of identification of human re- retary shall retain in the National Defense Re- the proponent and an opponent, and mains shall make available, for the purpose serve Fleet the vessel authorized to be conveyed shall not be subject to amendment, ex- specified in subsection (b), such DNA sam- ples on such terms and conditions as such under subsection (a), until the earlier of— cept as specified in the report and ex- (1) 2 years after the date of the enactment of court (or military judge) directs. this Act; or cept that the chairman and ranking ‘‘(2) A DNA sample with respect to an indi- (2) the date of conveyance of the vessel under minority member of the Committee on vidual shall be provided under paragraph (1) subsection (a). Armed Services each may offer one pro in a manner that does not compromise the SEC. 3503. FINANCIAL ASSISTANCE TO STATES forma amendment for the purpose of ability of the Department of Defense to FOR PREPARATION OF TRANS- further debate on any pending amend- maintain a sample with respect to that indi- FERRED OBSOLETE SHIPS FOR USE ment. vidual for the purpose of identification of AS ARTIFICIAL REEFS. It shall be in order at any time for human remains. (a) IN GENERAL.—Public Law 92–402 (16 ‘‘(b) COVERED PURPOSE.—The purpose re- U.S.C. 1220 et seq.) is amended by redesignating the chairman of the Committee on ferred to in subsection (a) is the purpose of section 7 as section 8, and by inserting after sec- Armed Services or his designee to offer an investigation or prosecution of a felony, tion 6 the following: amendments en bloc consisting of or any sexual offense, for which no other ‘‘SEC. 7. FINANCIAL ASSISTANCE TO STATE TO amendments printed in part B of the source of DNA information is available. PREPARE TRANSFERRED SHIP. report not earlier disposed of or ger- ‘‘(c) DEFINITION.—In this section, the term ‘‘(a) ASSISTANCE AUTHORIZED.—The Sec- mane modifications of any such ‘DNA sample’ has the meaning given such term in section 1565(c) of this title.’’. retary, subject to the availability of appropria- amendment. tions, may provide, to any State to which an ob- (b) CLERICAL AMENDMENT.—The table of Amendments en bloc shall be consid- sections at the beginning of such chapter is solete ship is transferred under this Act, finan- ered read, except that modifications cial assistance to prepare the ship for use as an amended by adding at the end the following artificial reef, including for— shall be reported, shall be debatable for new item: ‘‘(1) environmental remediation; 40 minutes, equally divided and con- ‘‘§ 1566. DNA samples maintained for identi- ‘‘(2) towing; and trolled by the chairman and ranking fication of human remains: use for law en- ‘‘(3) sinking. minority member or their designees, forcement purposes.’’. ‘‘(b) AMOUNT OF ASSISTANCE.—The Secretary shall not be subject to amendment, and Amendment No. 12 offered by Mrs. JO ANN shall determine the amount of assistance under shall not be subject to a demand for di- DAVIS of Virginia: this section with respect to an obsolete ship vision of the question. At the end of title X (page 218, after line based on— The original proponent of an amend- 15), insert the following new section: ‘‘(1) the total amount available for providing SEC. ll. SENSE OF CONGRESS CONCERNING assistance under this section; ment included in the amendments en AIRCRAFT CARRIER FORCE STRUC- ‘‘(2) the benefit achieved by providing assist- bloc may insert a statement in the TURE. ance for that ship; and CONGRESSIONAL RECORD immediately (a) FINDINGS.—Congress makes the fol- ‘‘(3) the cost effectiveness of disposing of the before disposition of the amendments lowing findings: ship by transfer under this Act and provision of en bloc. (1) The aircraft carrier has been an inte- assistance under this section, compared to other The Chairman of the Committee of gral component in Operation Enduring Free- disposal options for the vessel. the Whole may recognize for consider- dom and in the homeland defense mission be- ‘‘(c) TERMS AND CONDITIONS.—The Sec- ginning on September 11, 2001. The aircraft retary— ation of any amendment out of the carriers that have participated in Operation ‘‘(1) shall require a State seeking assistance order printed, but not sooner than 1 Enduring Freedom, as of May 1, 2002, are the under this section to provide cost data and other hour after the chairman of the Com- USS Enterprise (CVN–65), the USS Carl Vin- information determined by the Secretary to be mittee on Armed Services or a designee son (CVN–70), the USS Kitty Hawk (CV–63),

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the USS Theodore Roosevelt (CVN–71), the ‘‘(i) DURATION OF BASE NAVY-MARINE CORPS (e) ADDITIONAL TERMS AND CONDITIONS.— USS John C. Stennis (CVN–74), and the USS INTRANET CONTRACT.—Notwithstanding sec- The Secretary may require such additional John F. Kennedy (CV–67). The aircraft car- tion 2306c of title 10, United States Code, the terms and conditions in connection with the riers that have participated in the homeland base contract of the Navy-Marine Corps conveyance under subsection (a) as the Sec- defense mission are the USS George Wash- Intranet contract may have a term in excess retary considers appropriate to protect the ington (CVN–73), the USS John F. Kennedy of five years, but not more than seven interests of the United States. (CV–67), and the USS John C. Stennis (CVN– years.’’. Amendment No. 19 offered by Mr. SAXTON: 74). Amendment No. 16 offered by Mr. At the end of title X (page 218, after line (2) Since 1945, the United States has built MANZULLO: 15), insert the following new section: 172 bases overseas, of which only 24 are cur- At the end of title VIII (page 174, after line SEC. ll. SURFACE COMBATANT INDUSTRIAL rently in use. 5), add the following new section: BASE. (3) The aircraft carrier provides an inde- SEC. ll. RENEWAL OF CERTAIN PROCUREMENT (a) REVIEW.—The Secretary of Defense pendent base of operations should no land TECHNICAL ASSISTANCE COOPERA- shall conduct a review of the effect of the base be available for aircraft. TIVE AGREEMENTS AT FUNDING contract award announced on April 29, 2002, LEVELS AT LEAST SUFFICIENT TO for the lead design agent for the DD(X) ship (4) The aircraft carrier is an essential com- SUPPORT EXISTING PROGRAMS. ponent of the Navy. program on the industrial base for ship com- Section 2413 of title 10, United States Code, bat system development, including the in- (5) Both the F/A–18E/F aircraft program is amended by adding at the end the fol- and the Joint Strike Fighter aircraft pro- dustrial base for each of the following: ship lowing new subsection: systems integration, radar, electronic war- gram are proceeding on schedule for deploy- ‘‘(d) With respect to any eligible entity fare, launch systems, and other components. ment on aircraft carriers. that has successfully performed under a co- (b) REPORT REQUIRED.—Not later than (6) As established by the Navy, the United operative agreement entered into under sub- March 31, 2003, the Secretary shall submit to States requires the service of 15 aircraft car- section (a), the Secretary shall strive, to the the congressional defense committees a re- riers to completely fulfill all the naval com- greatest extent practicable and subject to port based on the review under subsection mitments assigned to it without gapping car- appropriations, to renew such agreement (a). The report shall provide the Secretary’s rier presence. with such entity at a level of funding which assessment of the effect of that contract (7) The Navy requires, at a minimum, at is at least equal to the level of funding under award on the ship combat system technology least 12 carriers to accomplish its current the cooperative agreement being renewed.’’. and industrial base and shall describe any missions. Amendment No. 17 offered by Mr. ORTIZ: (b) SENSE OF CONGRESS.—It is the sense of At the end of subtitle B of title I (page 21, actions that the Secretary proposes to en- Congress that the number of aircraft carriers after line 20), insert the following new sec- sure future competition across the array of of the Navy in active service should not be tion: technologies that encompass the combat sys- tems of future surface ships, including the less than 12. SEC. ll. PROHIBITION ON ACQUISITION OF (c) COMMENDATION OF CREWS.—Congress CHAMPION-CLASS, T-5 FUEL TANK- next generation cruiser (CG(X)), the littoral hereby commends the crews of the aircraft ERS. combat ship (LCS), and the joint command carriers that have participated in Operation (a) PROHIBITION.—Except as provided in ship (JCC(X)). Enduring Freedom and the homeland defense subsection (b), a Champion-class fuel tanker, Amendment No. 20 offered by Mr. SCHROCK: mission. known as a T-5, which features a double hull At the end of subtitle A of title XXVIII Amendment No. 13 offered by Mr. FARR of and reinforcement against ice damage, may (page 292, after line 7), insert the following California: not be acquired for the Military Sealift Com- new section: At the end of title X (page 218, after line mand or for other Navy purposes. SEC. ll. PILOT HOUSING PRIVATIZATION AU- 15), insert the following new section: THORITY FOR ACQUISITION OR CON- (b) TERMINATION.—The prohibition in sub- SEC. ll. ENHANCED AUTHORITY TO OBTAIN STRUCTION OF MILITARY UNACCOM- section (a) shall not apply if the acquisition PANIED HOUSING. FOREIGN LANGUAGE SERVICES of a T-5 tanker is specifically authorized in a DURING PERIODS OF EMERGENCY. (a) IN GENERAL.—(1) Subchapter IV of chap- defense authorization Act that— (a) NATIONAL FOREIGN LANGUAGE SKILLS ter 169 of title 10, United States Code, is (1) is enacted after the date of the enact- REGISTRY.—(1) The Secretary of Defense may amended by inserting after section 2881 the establish and maintain a secure data reg- ment of this Act; following new section: (2) specifically refers to subsection (a); and istry to be known as the ‘‘National Foreign ‘‘§ 2881a. Pilot projects for acquisition or con- Language Skills Registry’’. The data reg- (3) specifically states that the prohibition in such subsection does not apply. struction of military unaccompanied hous- istry shall consist of the names of, and other ing pertinent information on, linguistically Amendment No. 18 offered by Mr. PALLONE: Page 312, after line 15, insert the following ‘‘(a) PILOT PROJECTS AUTHORIZED.—The qualified United States citizens and perma- new section: Secretary of the Navy may carry out not nent resident aliens who state that they are more than 3 pilot projects under the author- willing to provide linguistic services in SEC. 2826. LAND CONVEYANCE, FORT MON- MOUTH, NEW JERSEY. ity of this section or another provision of times of emergency designated by the Sec- (a) CONVEYANCE AUTHORIZED.—The Sec- this subchapter to use the private sector for retary of Defense to assist the Department of retary of the Army may convey by sale all the acquisition or construction of military Defense and other Departments and agencies right, title, and interest of the United States unaccompanied housing in the United of the United States with translation and in- in and to a parcel of land, consisting of ap- States, including any territory or possession terpretation in languages designated by the proximately 63.95 acres of military family of the United States. Secretary of Defense as critical languages. ‘‘(b) ASSIGNMENT OF MEMBERS AND BASIC (2) The name of a person may be included housing known as Howard Commons, that ALLOWANCE FOR HOUSING.—(1) The Secretary in the Registry only if the person expressly comprises a portion of Fort Monmouth, New of the Navy may assign members of the agrees for the person’s name to be included Jersey. (b) COMPETITIVE BID REQUIREMENT.—The armed forces to housing units acquired or in the Registry. Any such agreement shall be Secretary shall use competitive procedures constructed under the pilot projects, and made in such form and manner as may be such housing units shall be considered as specified by the Secretary. for the sale authorized by subsection (a). (c) CONSIDERATION.—As consideration for (b) AUTHORITY TO ACCEPT VOLUNTARY quarters of the United States or a housing the conveyance authorized under subsection TRANSLATION AND INTERPRETATION SERV- facility under the jurisdiction of a uniformed (a), the recipient of the land shall pay an ICES.—Section 1588(a) of title 10, United service for purposes of section 403 of title 37. States Code, is amended by adding at the end amount that is no less than fair market ‘‘(2) Notwithstanding section 403(n)(2) of the following new paragraph: value, as determined by the Secretary. Such title 37, the Secretary of Defense may set ‘‘(6) Language translation and interpreta- recipient may, as in-kind consideration, specific higher rates of partial basic allow- tion services.’’. build replacement military family housing ance for housing for a member of the armed Amendment No. 14 offered by Mr. HEFLEY: or rehabilitate existing military family forces who is assigned to a housing unit ac- Strike section 351 (page 68, beginning line housing at Fort Monmouth, New Jersey, as quired or constructed under the pilot 2), and insert the following new section: agreed upon by the Secretary. Any proceeds projects. Any increase in the rate of partial SEC. 351. AUTHORIZED DURATION OF BASE CON- received by the Secretary not used to con- basic allowance for housing to accommodate TRACT FOR NAVY-MARINE CORPS struct or rehabilitate such military family the pilot programs shall be in addition to INTRANET. housing shall be deposited in the special ac- any partial basic allowance for housing that Section 814 of the Floyd D. Spence Na- count in the Treasury established pursuant the member may otherwise be eligible to re- tional Defense Authorization Act for Fiscal to section 204(h) of the Federal property and ceive under section 403(n) of title 37. A mem- Year 2001, as enacted into law by Public Law Administrative Services Act of 1949 (40 ber may not sustain a reduction in partial 106–398 (114 Stat. 1654A–215) and amended by U.S.C. 485(h)). basic allowance for housing as a result of as- section 362 of Public Law 107–107 (115 Stat. (d) DESCRIPTION OF PARCEL.—The exact signment to a housing unit acquired or con- 1065), is amended— acreage and legal description of the parcel to structed under the pilot projects. (1) by redesignating subsection (i) as sub- be conveyed under subsection (a) shall be de- ‘‘(c) FUNDING.—(1) The Department of De- section (j); and termined by a survey that is satisfactory to fense Housing Improvement Fund shall be (2) by inserting after subsection (h) the fol- the Secretary. The cost of the survey shall used to carry out activities under the pilot lowing new subsection (i): be borne by the recipient of the parcel. projects.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.021 pfrm15 PsN: H09PT1 H2330 CONGRESSIONAL RECORD — HOUSE May 9, 2002 ‘‘(2) Subject to 90 days prior notification to (3) in subsection (d)(1)(A), by inserting curement of F–16 aircraft for the Air Force the appropriate committees of Congress, ‘‘and the National Defense University Gift Reserve Command, $14,400,000 shall be avail- such additional amounts as the Secretary of Fund’’ before the semicolon; and able for 36 Litening II modernization upgrade Defense considers necessary may be trans- (4) by adding at the end the following new kits for the F–16 block 25 and block 30 air- ferred to the Department of Defense Housing subsection: craft (rather than for Litening AT pods for Improvement Fund from amounts appro- ‘‘(h) In this section, the term ‘National De- such aircraft). priated for construction of military unac- fense University’ includes any school or Page 65, line 11, strike ‘‘$30,00,000’’ and in- companied housing projects in military con- other component of the National Defense sert ‘‘$35,000,000’’. struction accounts. The amounts so trans- University.’’. In section 2811, page 295, after line 11, in- ferred shall be merged with and to be avail- (b) CLERICAL AMENDMENT.—(1) The heading sert the following new subsection (and redes- able for the same purposes and for the same of such section is amended to read as follows: ignate subsequent subsections accordingly): period of time as amounts appropriated di- ‘‘§ 2605. Acceptance of gifts for defense de- ‘‘(e) ACQUISITION OF WATER RIGHTS.—The rectly to the Fund. pendents’ schools and National Defense authority of the Secretary of a military de- ‘‘(d) REPORTS.—(1) The Secretary of the University’’. partment to enter into an agreement under Navy shall transmit to the appropriate com- (2) The item relating to such section in the subsection (a) for the acquisition of real mittees of Congress a report describing— table of sections at the beginning of chapter property (or an interest therein) includes the ‘‘(A) each contract for the acquisition of 151 of such title is amended to read as fol- authority to support the purchase of water military unaccompanied housing that the lows: rights from any available source when nec- Secretary proposes to solicit under the pilot ‘‘2605. Acceptance of gifts for defense depend- essary to support or protect the mission of a projects; ents’ schools and National De- military installation. ‘‘(B) each conveyance or lease proposed fense University.’’. Amendment No. 22 offered by Mr. TIAHRT: under section 2878 of this title in furtherance Amendment No. 23 offered by Mr. SPRATT: At the end of subtitle B of title X (page 209, of the pilot projects; and At the end of title XI (page 222, after line after line 25), insert the following new sec- ‘‘(C) the proposed partial basic allowance 3), insert the following new section: tion: for housing rates for each contract as they SEC. ll. CERTIFICATION FOR DEPARTMENT OF SEC. ll. LIMITATION ON DURATION OF FUTURE vary by grade of the member and how they DEFENSE PROFESSIONAL ACCOUNT- DEPARTMENT OF DEFENSE REPORT- compare to basic allowance for housing rates ING POSITIONS. ING REQUIREMENTS. for other contracts written under the author- (a) IN GENERAL.—(1) Chapter 81 of title 10, (a) IN GENERAL.—Chapter 23 of title 10, ity of the pilot programs. United States Code, is amended by adding at United States Code, is amended by inserting ‘‘(2) The report shall describe the proposed the end the following new section: after section 480 the following new section: contract, conveyance, or lease and the in- ‘‘§ 1599d. Professional accounting positions: ‘‘§ 480a. Recurring reporting requirements: tended method of participation of the United authority to prescribe certification and cre- five-year limitation States in the contract, conveyance, or lease dential standards ‘‘(a) FIVE-YEAR SUNSET.—Any recurring and provide a justification of such method of ‘‘(a) AUTHORITY TO PRESCRIBE PROFES- congressional defense reporting requirement participation. The report shall be submitted SIONAL CERTIFICATION STANDARDS.—The Sec- that is established by a provision of law en- not later than 90 days before the date on retary of Defense may prescribe professional acted on or after the date of the enactment which the Secretary issues the contract so- certification and credential standards for of the Bob Stump National Defense Author- licitation or offers the conveyance or lease. professional accounting positions within the ization Act for Fiscal Year 2003 (including a ‘‘(e) EXPIRATION.—Notwithstanding section Department of Defense. Any such standard provision of law enacted as part of that Act) 2885 of this title, the authority of the Sec- shall be prescribed as a Department of De- shall cease to be effective, with respect to retary of the Navy to enter into a contract fense regulation. that requirement, at the end of the five-year under the pilot programs shall expire Sep- ‘‘(b) WAIVER AUTHORITY.—The Secretary period beginning on the date on which such tember 30, 2007.’’. may waive any standard prescribed under provision is enacted, except as otherwise pro- (2) The table of sections at the beginning of subsection (a) whenever the Secretary deter- vided by law. such subchapter is amended by inserting mines such a waiver to be appropriate. ‘‘(b) RULE OF CONSTRUCTION.—A provision after the item relating to section 2881 the ‘‘(c) APPLICABILITY.—A standard prescribed of law enacted after the date of the enact- following new item: under subsection (a) shall not apply to any ment of this section may not be considered ‘‘2881a. Pilot projects for acquisition or con- person employed by the Department of De- to supersede the provisions of subsection (a) struction of military unaccom- fense before the standard is prescribed. unless that provision specifically refers to panied housing.’’. ‘‘(d) REPORT.—The Secretary of Defense subsection (a) and specifically states that it shall submit to Congress a report on the Sec- (b) CONFORMING AMENDMENT.—Section supersedes subsection (a). retary’s plans to provide training to appro- 2871(7) of title 10, United States Code, is ‘‘(c) RECURRING CONGRESSIONAL DEFENSE priate Department of Defense personnel to amended by inserting before the period at REPORTING REQUIREMENTS.—In this section, meet any new professional and credential the end the following: ‘‘and transient hous- the term ‘recurring defense congressional re- standards prescribed under subsection (a). ing intended to be occupied by members of porting requirement’ means a requirement Such report shall be prepared in conjunction the armed forces on temporary duty’’. by law for the submission of an annual, semi- with the Director of the Office of Personnel Amendment No. 22 offered by Mr. SNYDER: annual, or other regular periodic report to Management. Such a report shall be sub- At the end of title IX (page 179, after line Congress, or one or more committees of Con- mitted not later than one year after the ef- 21), insert the following new section: gress, that applies only to the Department of fective date of any regulations, or any revi- Defense or to one or more officers of the De- SEC. 9ll. AUTHORITY TO ACCEPT GIFTS FOR sion to regulations, prescribed pursuant to NATIONAL DEFENSE UNIVERSITY. partment of Defense.’’. subsection (a). (a) IN GENERAL.—Section 2605 of title 10, (b) CLERICAL AMENDMENT.—The table of ‘‘(e) DEFINITION.—In this section, the term sections at the beginning of such chapter is United States Code, is amended— ‘professional accounting position’ means a (1) in subsection (a)— amended by inserting after the item relating position or group of positions in the GS–510, to section 480 the following new item: (A) by inserting ‘‘(1)’’ after ‘‘administra- GS–511, and GS–505 series that involves pro- tion of’’; and ‘‘480a. Recurring reporting requirements: fessional accounting work.’’. five-year limitation.’’. (B) by inserting before the period at the (2) The table of sections at the beginning of end of the first sentence ‘‘, or (2) the Na- such chapter is amended by adding at the The CHAIRMAN. Pursuant to House tional Defense University’’; end the following new item: Resolution 415, the gentleman from Ar- (2) in subsection (b)— ‘‘1599d. Professional accounting positions: izona (Mr. STUMP) and the gentleman (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; authority to establish certifi- from Missouri (Mr. SKELTON) each will (B) by striking ‘‘subsection (a)’’ and insert- cation and credential stand- control 20 minutes. ing ‘‘subsection (a)(1)’’; ards.’’. The Chair recognizes the gentleman (C) by designating the last sentence as (b) EFFECTIVE DATE.—Standards estab- paragraph (3) and in that sentence by insert- from Arizona (Mr. STUMP). lished pursuant to section 1599d of title 10, Mr. STUMP. Mr. Chairman, I yield ing ‘‘or for the benefit or use of the National United States Code, as added by subsection Defense University, as the case may be,’’ (a), may take effect no sooner than 120 days myself such time as I may consume. after ‘‘schools,’’; and after the date of the enactment of this Act. This en bloc amendment has been (D) by inserting before paragraph (3), as Amendment No. 24 offered by Mr. STUMP: crafted in full consultation with the designated by subparagraph (C), the fol- At the end of subtitle C of title I (page 23, committee’s ranking Democrat, the lowing: after line 5), insert the following new sec- gentleman from Missouri (Mr. SKEL- ‘‘(2) There is established in the Treasury a tion: TON), and includes the part B amend- fund to be known as the ‘National Defense SEC. ll. REALLOCATION OF CERTAIN FUNDS ments as reported by the Committee on University Gift Fund’. Gifts of money, and FOR AIR FORCE RESERVE COMMAND the proceeds of the sale of property, received F–16 AIRCRAFT PROCUREMENT. Rules offered by the following Mem- under subsection (a)(2) shall be deposited in Of the funds authorized to be appropriated bers: the gentleman from Texas (Mr. the Fund.’’; by section 103(1) that are available for pro- CULBERSON), the gentlewoman from

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.036 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2331 Virginia (Mrs. JO ANN DAVIS), the gen- price of them being gone so much, but throughout the Federal Government tleman from California (Mr. FARR), the that is only half the story. The other and certainly in the Department that gentleman from Colorado (Mr. half of the story, Mr. Chairman, is the has the largest budget. HEFLEY), the gentleman from Illinois fact that the morale is sky high, that I asked him to send me legislation of (Mr. MANZULLO), the gentleman from they know why they are there, that what he would like to have in the way Texas (Mr. ORTIZ), the gentleman from they are supporting the men and of professional qualifications, certifi- New Jersey (Mr. PALLONE), the gen- women of the United States of Amer- cation, what he could reasonably re- tleman from New Jersey (Mr. SAXTON), ica; and I think all of us should add a quire for those who worked in the De- the gentleman from Virginia (Mr. special note of pride and appreciation partment of the Controller. He sent me SCHROCK), the gentleman from Arkan- to them. some legislation, and we made a few sas (Mr. SNYDER), the gentleman from So I take this means while we are minor revisions to it. We made some South Carolina (Mr. SPRATT), the gen- discussing these en bloc amendments, revisions primarily to make it prospec- tleman from Kansas (Mr. TIAHRT) and which we, of course, have no objection tive instead of retrospective so that no- myself. to, to say that added word in honor and body loses his job because he does not I would like to thank all those Mem- in recognition of our young folks who meet these new qualifications or these bers for their work in putting this en represent the United States of America new certifications. Secondly, we bloc amendment together and for their in uniform. worked with the American Federation cooperation in allowing us to consider Mr. Chairman, I reserve the balance of Government Employees to make them in this fashion. of my time. sure that they were satisfied with the Mr. Chairman, I reserve the balance Mr. STUMP. Mr. Chairman, I yield 1 proposal we have got. of my time. minute to the gentleman from Illinois This amendment is just a crucial Mr. SKELTON. Mr. Chairman, I yield (Mr. KIRK). first step to helping the Department of myself such time as I may consume. Mr. KIRK. Mr. Chairman, I thank the Defense improve their abilities in the Let me take this opportunity to thank gentleman from Arizona (Mr. STUMP) area of financial management and the chairman for his work on the en and the gentleman from Missouri (Mr. their ability to track and account for bloc amendments. I might say, Mr. SKELTON) for including the Tiahrt the funding that Congress provides. Chairman, that we have reviewed each amendment language in the en bloc. The heart and soul, obviously, of any of the proposed en bloc amendments, This sunsets many unneeded reports accounting system is the people it em- that we agree to the submission there- after 5 years. ploys. This will enable the Department of and the passage thereof, and that The bill already contains the Tiahrt- to raise the level, raise the bar in the they should all be supported by the Kirk language ending 20 unneeded re- qualifications for people who are at- Members of this body. ports that were previously required by Let me take just a moment in addi- tracted and hired in the Department of law. Our effort is the first fruit of Sec- tion thereto, Mr. Chairman. Part of our Defense for financial management. retary Rumsfeld’s tooth-to-tail effort duties as members of the Committee on It is my understanding that the Com- to increase the amount of effort we Armed Services besides having hear- mittee on Government Reform has also have on the front line by decreasing ings and having the briefings and doing vetted this legislation and supports it unneeded logistic efforts behind the the study here in Washington is to as well. I urge an ‘‘aye’’ vote on the en lines. The Secretary launched this ef- meet with the various members of the bloc amendment. military personnel wherever they may fort on September 10, but we are now Mr. STUMP. Mr. Chairman, I yield 2 be. Not long ago, I was aboard the USS yielding real fruit. minutes to the gentleman from Kansas The current bill language killing Harry S Truman in Norfolk and met (Mr. TIAHRT). unneeded reports is estimated to save Mr. TIAHRT. Mr. Chairman, I want with the officers and men and women to thank the chairman of the Com- of that ship. over 21,000 man-hours inside the Pen- Not long thereafter, I was in San tagon. This effort in the en bloc to sun- mittee on Armed Services for the out- Diego and I went aboard the USS set all reports after 5 years will go a standing work he has done for our Peleliu and visited extensively with long way to focus efforts on the combat armed services. His leadership is going the sailors thereon. By the way, they front line and away from the rear ech- to be greatly missed. We appreciate the had just returned from their duties in elon. job he has done for America. the Indian Ocean. And then I have been I thank the gentleman from Arizona, My amendment, Mr. Chairman, to Little Rock Air Force Base and saw and I thank the gentleman from Mis- would require that future regular re- the extensive training there; to Fort souri for including this in the en bloc. porting requirements imposed on the Campbell, Kentucky; to Whiteman Air Mr. SKELTON. Mr. Chairman, I yield Department of Defense would have a Force base, which is in the State of 2 minutes to the gentleman from South sunset provision of 5 years after enact- Missouri. Carolina (Mr. SPRATT). ment. This would not apply to existing I must tell my colleagues that the Mr. SPRATT. Mr. Chairman, I have reporting requirements and only be ap- young people in American uniform are an amendment included among the en plicable to new reports, including those working hard, that they are dedicated bloc amendments which was specifi- in this bill, H.R. 4546. and that they are professionals and the cally requested by the Department of This amendment serves both Con- purpose of our being here today is to Defense. In fact, the idea for this gress and DOD by ensuring that all fu- give them support. However, it is inter- amendment arose at a breakfast we ture reports are reviewed regularly and esting to note two things. The first is had with Secretary Rumsfeld at which remain relevant and responsive. This is that they are being stretched and there were complaints about limita- endorsed by Secretary of Defense Don- strained in their efforts because there tions on their ability to manage the ald Rumsfeld. This legislation does not are too few in number in many in- Pentagon. One was in the quality of abdicate Congress’ traditional over- stances. This is pointed out by the fact personnel they have for financial man- sight role and will insist that the De- that General Buck Kernan of forces agement, the attraction of personnel partment of Defense remain responsive command down in Norfolk testified not with the requisite qualifications for to congressional requests and questions long ago to the effect that the troops handling a budget that is now ap- about their activities. Those reporting are tired and that they are stretched. proaching $400 billion, the certification requirements deemed useful after 5 Then a week later, the commander of of these qualifications, hiring, firing. years can easily be reauthorized at the our forces in Europe, General Joe Ral- I responded to that by calling Dr. conclusion of the sunset period. Con- ston, testified that there were needs for Dov Zakheim, who is the comptroller versely, Congress must demonstrate re- additional forces and resources in his of the Department of Defense, and tell- sponsibility in its oversight authority jurisdiction. Admiral Dennis Blair, ing him if he had problems like this, we by limiting burdensome and unneces- Commander in Chief of the Pacific, tes- were not going to be stinting about the sary and unending reporting require- tified similarly. cost of professional personnel in the ments. The young men and young women are Department of Defense. We need to In fiscal year 2001, the Department of stretched. Their families are paying a raise the quality of management Defense was required to prepare 983

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.086 pfrm15 PsN: H09PT1 H2332 CONGRESSIONAL RECORD — HOUSE May 9, 2002 various reports to Congress, of which Mr. PLATTS. I yield to the gen- out in the Quadrennial Defense Review. 449 are listed right here in this packet. tleman from New Jersey. The Navy needs, at a minimum, at This is simply a listing and a brief ex- Mr. SAXTON. Mr. Chairman, I thank least 12 aircraft carriers. planation of the 449 reports that are pe- the gentleman. The gentleman is cor- Mr. Chairman, I would strongly en- rennially required by Congress and rect that there is or was insufficient courage all of my colleagues to vote in stipulated year after year. The House funding available to provide for all of support of this en bloc amendment. Committee on Armed Services in con- the military construction and family Mr. SKELTON. Mr. Chairman, I yield junction with the Department of De- housing improvements that are needed 2 minutes to the gentleman from Vir- fense has carefully examined these 449 across our military. I might add that ginia (Mr. SCOTT). reports and determined that only 20 we have tried to increase the amount Mr. SCOTT. Mr. Chairman, I thank out of the 449 were redundant, outdated of money available for this purpose the gentleman for yielding me this or no longer relevant enough and and, in fact, we were able to add some time. should be terminated. money to the request that we received I would like to rise in support of the Since it is unlikely that Congress from the Department of Defense. I wish amendment of the gentlewoman from will be unable to significantly reduce that we could have done more, and I Virginia. One would not think that the number of existing reports, it is particularly wish we could have taken there would be much controversy about our goal to limit the future ones. Re- care of all family housing needs, as the important role Navy aircraft car- member, each existing and future re- quality-of-life improvements are so im- riers are playing in this very dangerous port is an unfunded and unprogrammed portant and necessary in today’s volun- world. Indeed, if we want to follow the mandate that has proven extremely teer service. war on terrorism on a daily basis, it is difficult to eliminate. The cumulative I agree that family housing at Car- difficult to read a newspaper article or effect of these required reports is high- lisle Barracks is among those housing see television coverage that does not ly burdensome and costly. Limiting projects that must be replaced, and I mention what our carriers are doing to these requirements in the future will assure the gentleman that any request keep fighting that remains away from allow the military staff to concentrate by the Army for new family housing at our shores. No less than 8 carriers have more fully on their primary mission of Carlisle will receive careful consider- been involved in Operation Enduring national security. ation by my subcommittee in the next Freedom or patrolling our own shores year. in the name of homeland security since b 1500 Family housing is an important pri- Mr. STUMP. Mr. Chairman, I yield 4 September 11. ority and has always received the sub- This amendment also reaffirms our minutes to the gentleman from Penn- committee’s full support. I thank the support for a fleet of no less than 12 sylvania (Mr. PLATTS) for the purposes gentleman for bringing this important carriers, the absolute minimum nec- of a colloquy. matter to our attention, and I look for- essary to sustain coverage in the Mr. PLATTS. Mr. Chairman, I first ward to working with him on it in the would like to add my words of thanks oceans around the hot spots in the next Congress. world. The underlying bill restores and praise to the gentleman from Ari- Mr. PLATTS. Mr. Chairman, reclaim- both the funding and the original pro- zona (Mr. STUMP) for his fine leadership ing my time, I thank the gentleman for gram of record for the next generation for the Committee on Armed Services his interest and support on this issue, of aircraft carriers, CVNX program, and doing right by our armed men and and I also look forward to working and for that, Mr. Chairman, I am truly women in uniform. with him, and I thank him for his fine grateful. I rise for the purpose now of engaging leadership. in a colloquy with the gentleman from Mr. STUMP. Mr. Chairman, I yield 2 Those of us who have had the privi- lege of representing Hampton Roads in New Jersey (Mr. SAXTON), the chair- minutes to the gentlewoman from Vir- Virginia, where carriers are built and man of the Subcommittee on Military ginia (Mrs. JO ANN DAVIS). Installations and Facilities of the Com- Mrs. JO ANN DAVIS of Virginia. Mr. many home-ported, we see on a daily mittee on Armed Services. Chairman, today I rise to support the basis the service and sacrifice made by Mr. SAXTON. Mr. Chairman, will the en bloc amendment containing a Sense these brave men and women and their gentleman yield? of Congress on Aircraft Carrier Force families they leave behind when they Mr. PLATTS. I yield to the gen- Structure. This amendment would do 2 race off to war. It would be my hope tleman from New Jersey. things. that our action on this amendment Mr. SAXTON. Mr. Chairman, I would First, it would commend the crews of here would reaffirm once again that we be happy to engage in a colloquy with the aircraft carriers that contributed in Congress both recognize and salute the gentleman from the State capital directly to Operation Enduring Free- all of those in the armed services, in- area of Pennsylvania (Mr. PLATTS). dom and the homeland defense mission. cluding those Navy families who re- Mr. PLATTS. Mr. Chairman, as the Many people are aware that our air- main behind as their loved ones are de- gentleman knows, I requested that his craft carriers contributed to our initial ployed on these massive carriers. subcommittee authorize the first phase actions in Operation Enduring Free- Mr. Chairman, I want to congratu- of an important 5-phase project to re- dom, but most people are unaware as late the gentlewoman from Virginia place seriously deteriorated family to the number of carriers and also the (Mrs. JO ANN DAVIS) on offering this housing at the Army War College at incredible effort and number of aircraft amendment, and I urge my colleagues Carlisle Barracks, Pennsylvania, which carriers it took to effect our initial re- to agree to the amendment. is in my district. The first phase is a sponse to the attack on September 11. Mr. STUMP. Mr. Chairman, I yield 4 modest beginning of 27 new units cost- Second, this amendment would rec- minutes to the gentleman from Cali- ing $5.4 million. I understand that ognize the full value and worth that fornia (Mr. HUNTER). there was insufficient money to accom- our carriers have for America’s power Mr. HUNTER. Mr. Chairman, I want modate all Members’ requests, however and force projection capabilities. There to do 2 things. The first is to mention, worthy. However, I have been informed is no doubt that the aircraft carriers and I neglected to mention in my open- that the Army intends to fund this have been integral to our war in Af- ing statement, that the gentleman project in the fiscal year 2004 budget ghanistan. We have all heard the story from Massachusetts (Mr. MEEHAN) has that will be submitted in February of how the USS Enterprise turned been my partner on the Subcommittee 2003. around and went back when the cap- on Military Research and Development Mr. Chairman, this project is sorely tain heard about what was going on. of the Committee on Armed Services, needed, and I ask that the gentleman Every munition and bomb dropped and has done a wonderful job and has support this needed family housing from a carrier air wing has been a pre- helped us to walk this bill through the project when his subcommittee reviews cision-guided munition. The carriers subcommittee mark and the full floor the Army’s military construction re- worked around the clock after the at- mark, and I really appreciate his great quest next year. tacks on September 11. work on this bill. Mr. SAXTON. Mr. Chairman, will the Mr. Chairman, the Sense of Congress I also wanted to talk for just a gentleman yield? expresses a simple truism that is laid minute about an area that I think is

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.088 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2333 pretty important to all of us from an to have this new shoreline presence of (surface ships) now under contract with Ocean environmental standpoint and also reefs that we can provide by sinking Freedom Shipping. These tankers are being from a security standpoint, and that is these ships. used to ship diesel fuel for the Defense En- our reserve fleet of ships, many of So this could be a winner for every- ergy Supply Center. which are in very bad condition, which body, and I look forward to working Under the contract, the Navy has the option presently are at anchor in the James with the gentlewoman from Virginia to buy the tankers. The contract also requires River, and our great colleague, Herb (Mrs. JO ANN DAVIS) on this issue. the Navy to have the purchase authorized and Bateman, worked on this issue for Mr. HORN. Mr. Chairman, there has been appropriated. many years, the idea of trying to take considerable concern that this legislation gives This amendment reinforces for the services care of these ships in an environ- the Department of Defense some limited ex- the procedure for which such policy must past mentally responsible way. It requires a emptions from current environmental laws. Al- muster. This is for the HASC to authorize, not lot of money. It usually requires about though this is a complicated issue and there for the Navy to seek appropriations for alone. $2.5 million per ship if you are going to are legitimate concerns on both sides, I think Mr. STUMP. Mr. Chairman, I have no scrap the ships in an American yard. it is important to keep in mind some simple further requests for time, and I yield You can give them to a foreign entity, facts. Here are a few: back the balance of my time. but you are not really guaranteed that Fact Number One: The Migratory Bird Trea- Mr. SKELTON. Mr. Chairman, I yield that entity is not just going to take ty Act did not interfere with military training in back the balance of my time. the ships out and dump them, complete past wars for a simple reason. The courts The CHAIRMAN. The question is on with PCBs and oil and other materials never applied the act in this way until March the amendments en bloc offered by the in the ocean, thereby creating another of this year—2002—when the U.S. District gentleman from Arizona (Mr. STUMP). environmental problem. Court for the District of Columbia interpreted The amendments en bloc were agreed So we have come up, in working with the Migratory Bird Treaty Act to apply to mili- to. a working group that is headed by the tary readiness activities. This is an important The CHAIRMAN. It is now in order to gentlewoman from Virginia (Mrs. JO and real change in application of the Migratory consider amendment No. 1 printed in ANN DAVIS), very much a part of her Bird Act and we must address it. Navy Carrier part A of House report 107–450. Battle Groups and deploying Marine Corps creation, and the gentleman from Vir- PART A, AMENDMENT NO. 1 OFFERED BY MR. and Air Force squadrons have been blocked ginia (Mr. FORBES) who has a nearby WELDON OF PENNSYLVANIA by court order from using the only U.S. bomb- district and also the gentleman from Mr. WELDON of Pennsylvania. Mr. ing range available to them in the Western Pa- Virginia (Mr. SCHROCK) who has a near Chairman, I offer an amendment. cific. Let’s be clear, our forces deploying to Af- district, we have come up with an idea The CHAIRMAN. The Clerk will des- ghanistan cannot now use the only range suit- of how to make some lemonade out of ignate the amendment. able for training with smart, laser-guided these lemons, and that is to use these The text of the amendment is as fol- weapons, as a result of unprecedented judicial ships in the States where reefs are re- lows: quired and would, in fact, be a benefit interference with military readiness activities. Fact Number Two: There is no Presidential Part A, amendment No. 1 offered by Mr. to those shorelines. WELDON of Pennsylvania: Now, today reefs are used by a num- exemption available under the Migratory Bird Treaty Act. Under the current District Court in- At the end of title X (page 218, after line ber of States to not only protect shore- 15), insert the following new section: terpretation, any military training can be en- lines from erosion, but also to provide SEC. 10ll. ENHANCED COOPERATION BETWEEN great opportunities for fishing enthu- joined and, except through legal appeals, UNITED STATES AND RUSSIAN FED- siasts and also for scuba divers and lots there is no way to continue that vital military ERATION TO PROMOTE MUTUAL SE- CURITY. of other folks who are interested in training. Fact Number Three: There is an exemption (a) STATEMENT OF POLICY.—It is the policy recreation. So we have in our bill, under the Endangered Species Act (ESA) if of the United States to pursue greater co- originally in the mark in our maritime the Secretary of Defense finds it is necessary operation, transparency, and confidence with panel mark, and now in the full bill, a for reasons of national security. That exemp- the Russian Federation regarding nuclear weapons policy, force structure, safeguards, provision that will send some money to tion, however, is better used to address emer- the States as grants from the MARAD testing, and proliferation prevention, as well gencies or unusual, short-term situations. The as nuclear weapons infrastructure, produc- administrator so that they can pay for need to train for combat, to plan and execute towing, cleaning up and ultimately tion, and dismantlement, so as to promote military readiness activities, is a seven day a mutual security, stability, and trust. sinking these ships as reefs in these week, 52 weeks a year requirement. The (b) SENSE OF CONGRESS REGARDING EN- States that would like to have this new young men and women serving in our armed HANCED COOPERATION WITH RUSSIA.—It is the asset along their shorelines. forces need to achieve basic readiness levels sense of Congress that the President of the So I want to thank the gentlewoman and then develop and sustain high levels of United States should continue to engage the from Virginia (Mrs. JO ANN DAVIS) for proficiency. Using statutory exemptions in that President of the Russian Federation to her great work on this and also her col- achieve the following objectives, consistent context is bad public policy. Balancing two with United States national security, in the leagues that she has brought into this public goods—national defense and environ- process, including the gentleman from interest of promoting mutual trust, security, mental conservation—on a daily and long-term and stability: Virginia (Mr. FORBES) and the gen- basis is a function properly vested in the Con- (1) An agreement that would seek to pre- tleman from Virginia (Mr. SCHROCK), gress. vent the illicit use, diversion, theft, or pro- who have a real interest, because they Mr. Chairman, our armed forces are not liferation of tactical nuclear weapons, and have the surrounding districts. seeking a broad, total exemption from all envi- their key components and materials, by— We have already hooked up with ronmental laws and regulations. They are (A) withdrawing deployed nonstrategic nu- some of the sport fishing associations, seeking a balanced, sensible and responsible clear weapons; and we are going to move forward with application of those laws. We must address (B) accounting for, consolidating, and se- this working group and take direction curing the Russian Federation’s nonstrategic this problem in a way that holds the Pentagon nuclear weapons; and from the Members of Congress led by accountable for environmental concerns while the gentlewoman from Virginia (Mrs. (C) dismantling or destroying United also allowing the service to conduct essential States and Russian nonstrategic nuclear JO ANN DAVIS) who have a real interest combat training. This legislation sets the nec- weapons in excess of each nation’s legitimate in this issue because it is in their dis- essary balance and I urge my colleagues to defense needs. tricts. We are going to move forward support it. (2) A reciprocal program of joint visits by with this working group and I think we Mr. ORTIZ. Mr. Chairman, I rise to briefly nuclear weapons scientists and experts of the can find a home for these ships in such describe my amendment to today’s bill . . . it United States and the Russian Federation to a way that we not only take them off is a simple amendment. It merely re-enforces the United States nuclear test site in Ne- our hands and eliminate this prospect for the services that the journey to approval of vada, and the Russian nuclear test site at of the ships sinking in the James River Novya Zemlya. any policy or purchase on their part must trav- (3) A reciprocal program of joint visits and and the pollution that would attend el through the House Armed Services Com- conferences at each nation’s nuclear weapons that. We can not only take those ships mittee. laboratories and nuclear weapons develop- out of inventory, but we can also pro- The genesis of this amendment lies with the ment and production facilities to discuss vide an asset for the States that want Navy’s intention to purchase five T–5 tankers how to improve the safety and security of

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.091 pfrm15 PsN: H09PT1 H2334 CONGRESSIONAL RECORD — HOUSE May 9, 2002 each nation’s nuclear stockpile, nuclear ma- The CHAIRMAN. Pursuant to House Hart McHugh Sanders terials, and nuclear infrastructure. Resolution 415, the gentleman from Hastings (FL) McInnis Sandlin (4) A reciprocal program of joint visits and Hastings (WA) McKeon Sawyer Pennsylvania (Mr. WELDON) and a Hayes McKinney Saxton conferences to explore greater cooperation Member opposed each will control 10 Hayworth McNulty Schiff between the United States and the Russian minutes. Hefley Meehan Schrock Federation with regard to ballistic missile Herger Meek (FL) Scott defenses against intentional, unauthorized, The Chair recognizes the gentleman Hill Meeks (NY) Sensenbrenner and accidental launches of ballistic missiles. from Pennsylvania (Mr. WELDON). Hilliard Menendez Serrano Hinojosa Mica Sessions (5) A joint commission on nonproliferation, MOTION TO RISE OFFERED BY MR. TAYLOR OF composed of senior nonproliferation and in- Hobson Millender- Shadegg MISSISSIPPI Hoeffel McDonald Shaw telligence officials from the United States Hoekstra Miller, Dan Shays and the Russian Federation, to meet regu- Mr. TAYLOR of Mississippi. Mr. Chairman, I move that the Committee Holden Miller, Gary Sherman larly in a closed forum to discuss ways to Hooley Miller, Jeff Sherwood prevent rogue states and potential adver- do now rise. Horn Moore Shimkus saries from acquiring— The CHAIRMAN. The question is on Hostettler Moran (KS) Shuster (A) weapons of mass destruction and bal- the motion to rise offered by the gen- Houghton Moran (VA) Simmons listic missiles; Hoyer Morella Simpson tleman from Mississippi (Mr. TAYLOR). Hulshof Murtha Skeen (B) the dual-use goods, technologies, and The question was taken; and the Hunter Myrick Skelton expertise necessary to develop weapons of Chairman announced that the noes ap- Inslee Nadler Smith (MI) mass destruction and ballistic missiles; and Isakson Neal Smith (NJ) (C) advanced conventional weapons. peared to have it. Israel Ney Smith (TX) (6) A joint program to develop advanced RECORDED VOTE Issa Northup Smith (WA) methods for disposal of weapons-grade nu- Mr. TAYLOR of Mississippi. Mr. Istook Norwood Snyder clear materials excess to defense needs, in- Jackson (IL) Nussle Spratt Chairman, I demand a recorded vote. Jenkins Oberstar Stearns cluding safe, proliferation resistant, ad- A recorded vote was ordered. John Obey Stenholm vanced nuclear fuel cycles that achieve more Johnson (CT) Olver Strickland complete consumption of weapons materials, The vote was taken by electronic de- Johnson (IL) Ortiz Stump and other methods that minimize waste and vice, and there were—ayes 51, noes 356, Jones (NC) Osborne Sullivan hazards to health and the environment. not voting 27, as follows: Kanjorski Otter Sununu Kaptur Oxley Sweeney (7) A joint program to develop methods for [Roll No. 138] safeguarding, treating, and disposing of Keller Pallone Tancredo AYES—51 Kelly Pascrell Tauscher spent reactor fuel and other nuclear waste so Kennedy (RI) Pastor Tauzin Abercrombie Frank Napolitano as to minimize the risk to public health, Kerns Paul Taylor (NC) Baldwin Hinchey Owens property, and the environment, as well as Kildee Payne Terry Becerra Holt Pelosi the possibility of diversion to illicit pur- Kilpatrick Pence Thomas Berry Honda Pomeroy Kind (WI) Peterson (MN) Thompson (CA) poses. Bonior Jefferson Roybal-Allard King (NY) Peterson (PA) Thompson (MS) (8) A joint program, built upon existing Brady (PA) Johnson, E. B. Schakowsky Kingston Petri Thornberry programs, to cooperatively develop advanced Brown (OH) Jones (OH) Shows Kirk Phelps Thune Capuano Kleczka Slaughter methods and techniques for establishing a Knollenberg Pickering Thurman Condit Kucinich Solis state-of-the-art inventory control and moni- Kolbe Pitts Tiahrt Conyers Larson (CT) Stark toring system for nuclear weapons and mate- LaHood Platts Tiberi Cunningham Lee Stupak rial. Lampson Pombo Toomey DeFazio Markey Tanner Langevin Portman Towns (c) REPORT.—No later than March 1, 2003, DeGette McDermott Taylor (MS) Lantos Price (NC) Turner the President shall submit to Congress a re- Delahunt McGovern Tierney Larsen (WA) Pryce (OH) Udall (CO) port (in unclassified or classified form as Dingell McIntyre Visclosky Latham Putnam Udall (NM) Doggett Miller, George Waters necessary) on the status of the objectives LaTourette Quinn Upton Filner Mink Wu under subsection (b). The report shall in- Leach Radanovich Velazquez clude the following: NOES—356 Levin Rahall Vitter (1) A description of the actions taken by Lewis (CA) Ramstad Walden the President to engage the Russian Federa- Ackerman Camp Ehrlich Lewis (KY) Rangel Walsh Aderholt Cantor Emerson Linder Regula Wamp tion to achieve those objectives. Akin Capito Engel (2) A description of the progress made to Lipinski Rehberg Watkins (OK) Allen Capps English LoBiondo Reynolds Watt (NC) achieve those objectives. Andrews Cardin Eshoo Lofgren Rivers Watts (OK) (3) A description of the response of the Armey Carson (IN) Etheridge Lowey Rodriguez Weiner Russian Federation to the actions referred to Baca Carson (OK) Evans Lucas (KY) Roemer Weldon (FL) in paragraph (1). Bachus Castle Everett Lucas (OK) Rogers (KY) Weldon (PA) (4) The President’s assessment of the Rus- Baird Chabot Farr Luther Rogers (MI) Weller Baker Chambliss Fattah Lynch Rohrabacher Wexler sian Federation’s commitment to a better, Baldacci Clay Ferguson closer relationship with the United States Maloney (NY) Ros-Lehtinen Whitfield Ballenger Clayton Flake Manzullo Ross Wicker based on the principles of increased coopera- Barcia Clement Fletcher Mascara Rothman Wilson (NM) tion and transparency. Barr Clyburn Foley Matheson Royce Wilson (SC) At the end of subtitle C of title XXXI (page Barrett Coble Forbes Matsui Rush Wolf 352, after line 24) insert the following new Bartlett Collins Ford McCarthy (MO) Ryan (WI) Woolsey Barton Combest Fossella section: McCarthy (NY) Ryun (KS) Wynn Bass Cooksey Frelinghuysen McCollum Sabo Young (AK) SEC. 3146. CONDITIONS UNDER WHICH PROHIBI- Bentsen Costello Frost McCrery Sanchez Young (FL) TION ON RESEARCH AND DEVELOP- Bereuter Cox Gallegly MENT OF LOW-YIELD NUCLEAR Berkley Coyne Ganske NOT VOTING—27 WEAPONS IS REPEALED. Biggert Cramer Gekas Berman Jackson-Lee Reyes Bilirakis Crenshaw Gephardt (a) PRESIDENTIAL CERTIFICATION.—Sub- Burton (TX) Riley Bishop Crowley Gibbons section (b) shall take effect as of the date on Cannon Johnson, Sam Blagojevich Cubin Gilchrest Roukema Crane Kennedy (MN) which the President submits to Congress the Blumenauer Culberson Gillmor Schaffer Dooley LaFalce President’s certification that— Blunt Cummings Gilman Souder Doolittle Lewis (GA) (1) another nation has conducted a nuclear Boehlert Davis (CA) Gonzalez Traficant Doyle Maloney (CT) Boehner Davis (FL) Goode Watson (CA) test for the purpose of developing new or im- Hall (OH) Mollohan Bonilla Davis (IL) Goodlatte Waxman proved nuclear weapons; Hilleary Nethercutt Bono Davis, Jo Ann Gordon (2) another nation is developing weapons of Hyde Ose mass destruction in underground facilities, Boozman Davis, Tom Goss Borski Deal Graham and such weapons could pose an imminent Boswell DeLauro Granger b 1535 risk to the United States or to United States Boucher DeLay Graves military personnel deployed abroad; or Boyd DeMint Green (TX) Messrs. OLVER, FARR of California, (3) it is in the national security interest of Brady (TX) Deutsch Green (WI) GOSS, BARTON of Texas, HERGER Brown (FL) Diaz-Balart Greenwood the United States that subsection (b) take and Ms. CARSON of Indiana changed effect. Brown (SC) Dicks Grucci Bryant Dreier Gutierrez their vote from ‘‘aye’’ to ‘‘no.’’ (b) REPEAL.—Effective as of the date pro- Burr Duncan Gutknecht Mr. GEORGE MILLER of California vided in subsection (a), section 3136 of the Buyer Dunn Hall (TX) National Defense Authorization Act for Fis- Callahan Edwards Hansen changed his vote from ‘‘no’’ to ‘‘aye.’’ cal Year 1994 (42 U.S.C. 2121 note) is repealed. Calvert Ehlers Harman So the motion to rise was rejected.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.042 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2335 The result of the vote was announced Mr. WELDON of Pennsylvania. Mr. Mr. SPRATT. Mr. Chairman, I am as above recorded. Chairman, I yield myself 4 minutes. not opposed to the amendment, but I PERSONAL EXPLANATION Mr. Chairman, this is a historic day claim the time on my side. Mr. MALONEY of Connecticut. Mr. Speaker, in the House of Representatives as we The CHAIRMAN. Is there objection I was absent on May 9, 2002, and missed roll- consider an amendment that is bipar- to the request of the gentleman from call votes 134, 135, 136, 137 and 138. If I had tisan, co-sponsored by my colleagues South Carolina to control the time? been present, I would have voted ‘‘no’’ on roll- the gentleman from Texas (Mr. THORN- There was no objection. The CHAIRMAN. The gentleman call vote 134, ‘‘no’’ on rollcall vote 135, ‘‘no’’ BERRY), the gentleman from New Jer- from South Carolina (Mr. SPRATT) is on rollcall vote 136, ‘‘no’’ on rollcall vote 137 sey (Mr. ANDREWS), the gentleman recognized for 10 minutes. and ‘‘no’’ on rollcall vote 138. from Texas (Mr. TURNER), the gen- tleman from Hawaii (Mr. ABER- Mr. SPRATT. Mr. Chairman, I yield MODIFICATION TO PART A AMENDMENT NO. 1 CROMBIE), and the gentleman from myself such time as I may consume. OFFERED BY MR. WELDON OF PENNSYLVANIA Mr. Chairman, I would have been op- Mr. WELDON of Pennsylvania. Mr. South Carolina (Mr. SPRATT). Mr. Chairman, this is a historic posed to the amendment as of yester- Chairman, I ask unanimous consent to amendment and a historic day because day, but we have had a work in modify my amendment with the modi- this body is rising in a bipartisan voice progress here and I must say we have fication I place at the desk as worked to support the leadership of the Presi- come up with a very good effort. I com- out with my colleagues on the other dent of the United States and the mend the gentleman for his efforts. I side. President of Russia to begin a new era think he has a good bill. The CHAIRMAN. The Clerk will re- in nuclear cooperation. The gentleman is probably more en- port the modification. The amendment before us today has gaged than any member of Congress in The Clerk read as follows: eight specific thrusts in opening up the either house in trying to bring Russia Modification to Part A Amendment No. 1 transparency between the American and the United States closer together. Offered by Mr. WELDON of Pennsylvania: and the Russian nuclear program. It What he has in this bill, the first part Strike section 3146 as proposed to be in- calls for American scientists to be al- of it, is an ambitious agenda dealing serted by the amendment and insert the fol- with nonproliferation, lab exchanges, lowing: lowed to visit Novaya Zemlya, the un- visits to our testing sites. SEC. 3146. PROHIBITION ON DEVELOPMENT OF derground test site in Russia, and for LOW-YIELD NUCLEAR WEAPONS. Russian scientists to visit our sites in What the gentleman has in the first (a) UNITED STATES POLICY.—It shall be the Nevada. part of the bill is an ambitious agenda policy of the United States not to conduct It calls for joint cooperation in con- of how we can bring Russia and the development which could lead to the produc- ferences on ways to monitor our nu- United States closer together in stra- tion by the United States of a new low-yield clear stockpiles. It calls for joint visits tegic cooperation. It lays out a number nuclear weapon, including a precision low- and conferences to discuss the safety of specifics ranging from nonprolifera- yield warhead. and security of our nuclear weapons. It tion efforts to lab exchanges to joint (b) LIMITATION.—The Secretary of Energy calls for a joint commission on non- visits to our testing sites, an ambitious may not conduct, or provide for the conduct agenda but nevertheless all the things of, development which could lead to the pro- proliferation, a joint commission on duction by the United States of a low-yield cooperation on missile defense. we ought to be doing, the whole stra- nuclear weapon which, as of the date of the This program puts this body on tegic spectrum. enactment of this Act, has not entered pro- record with a bipartisan vote that we, I think it is well stated and well in duction. in fact, support the new vision of Presi- order, and I think the bill deserves sup- (c) EFFECT ON OTHER DEVELOPMENT.—Noth- dent Bush and President Putin. We port for that reason alone. ing in this section shall prohibit the Sec- started this process last fall when one- I had a problem with the last page of retary of Energy from conducting, or pro- third of this Congress with my col- the bill originally because the last viding for the conduct of, development nec- page dealt with an amendment that I essary— leagues on the Democratic side and my colleagues on the Republican side join- had added to the law, to Title XX, (1) to design a testing device that has a some six or seven years ago. That pro- yield of less than five kilotons; ing together in a 45-page document (2) to modify an existing weapon for the outlining a new relationship with Rus- vision, the Spratt provision, Spratt purpose of addressing safety and reliability sia. first provision, prohibited testing concerns; or This amendment calls for the spe- below the level of five kilotons for rea- (3) to address proliferation concerns. cifics in implementing this new vision. sons I will not get into here. There is (d) DEFINITION.—In this section— This amendment allows the President no longer a provision in this bill that (1) the term ‘‘low-yield nuclear weapon’’ and the President of Russia to truly would repeal that. But there is a provi- means a nuclear weapon that has a yield of open the doors for strong bilateral co- sion in this bill that would broaden the less than five kilotons; and type of research that our labs can do (2) the term ‘‘development’’ does not in- operation between our nations. It is a clude concept definition studies, feasibility historic day. Our nuclear regulatory with low yield weapons, the kind of de- studies, or detailed engineering design work. agencies and our security agency, I velopment work they can do. It limits (e) CONFORMING REPEAL.—Section 3136 of talked to General Holland and he to- that work to what we could call in the the National Defense Authorization Act for tally supports the direction that we are Subcommittee on Military Research Fiscal Year 1994 (42 U.S.C. 2121 note) is re- going. and Development 6–2–A; that is to say; pealed. We have agreement on the Democrat they can do concept definition work, Mr. WELDON of Pennsylvania (dur- and Republican sides about the thrust. they can do research work, they can do ing the reading). Mr. Chairman, I ask We also give the President some flexi- design work, they can build a wooden unanimous consent that the modifica- bility in the research area to make mock-up, but they cannot bend metal tion be considered as read and printed sure that we have the ability to do ad- or do fissile component parts until the in the RECORD. ditional research that up until this law itself is changed. The CHAIRMAN. Is there objection point in time has been prohibited. I am I think that is a reasonable provision to the request of the gentleman from extremely pleased that we were able to that gives the labs a much clearer defi- Pennsylvania? work out a very carefully crafted piece nition of what the boundaries are, There was no objection. of legislation with my colleagues on broadens the scope of what they can The CHAIRMAN. Is there objection the other side that I hope we will vote do, but stops short of decreeing a re- to the modification of the amendment? unanimously or overwhelmingly show peal of the 2–K-T provision. There was no objection. that this Congress is behind a new di- In addition, yesterday this bill con- The CHAIRMAN. The amendment is rection in the security relationship be- tained a call for a joint Russia collabo- modified. tween the United States and Russia. ration on the development of nuclear The gentleman from Pennsylvania Mr. Chairman, I reserve the balance penetrating weapons, nuclear and con- (Mr. WELDON) and a Member opposed of my time. ventional, and the gentleman, after each will control 10 minutes. The CHAIRMAN. Is the gentleman some reflection and discussion with the The Chair recognizes the gentleman from South Carolina (Mr. SPRATT) op- Department of Energy and others, has from Pennsylvania (Mr. WELDON). posed? decided to take that off the bill.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.096 pfrm15 PsN: H09PT1 H2336 CONGRESSIONAL RECORD — HOUSE May 9, 2002 With those two improvements this is This is an excellent example between This amendment sets in place for the a very good bill, a very good piece of the gentleman from Pennsylvania (Mr. first time a set of objectives that would work, and I commend it to everybody’s WELDON) and the gentleman from be pursued between our Nation and support. South Carolina (Mr. SPRATT) and all Russia to try to enhance cooperation Mr. Chairman, I reserve the balance the others that were interested in this and furthering the efforts to end pro- of my time. nonproliferation issue to make a step liferation of nuclear weapons. Specific Mr. WELDON of Pennsylvania. Mr. forward and to have an excellent com- provisions of the amendment provide Chairman, I yield 2 minutes to the gen- promise. We thank the gentlemen for for exchange programs between our Na- tleman from Texas (Mr. THORNBERRY) a that. tion and Russia, provides for increased leader on these issues in the Congress. Mr. WELDON of Pennsylvania. Mr. transparency of the activities of each Mr. THORNBERRY. Mr. Chairman, I Chairman, I yield 2 minutes to the dis- Nation in the area of nuclear research, appreciate the distinguished sub- tinguished gentlewoman from New and I want to say that having had the committee chairman yielding me time. Mexico (Mrs. WILSON) who has also opportunity to travel to Russia with He truly is the leader in Congress in been a tireless advocate on the nuclear our friend, the gentleman from Penn- our relationship with Russia and I be- security issues for this country and in sylvania (Mr. WELDON), I have the lieve that here, working with the gen- the world. highest regard for his interest, his tleman from South Carolina (Mr. Mrs. WILSON of New Mexico. Mr. dedication, and his commitment to SPRATT), who is one of the most knowl- Chairman, I thank the gentleman from working with Russia to end nuclear edgeable Members in Congress on these Pennsylvania (Mr. WELDON) for yield- proliferation and to be sure that this nuclear and strategic issues, they have ing me the time, and I thank him for Nation’s national interests are pro- come up with a very good product. his leadership on this issue and for tected in that process. So I think all of As the gentleman from South Caro- really understanding the relationship us want to say to him we appreciate lina (Mr. SPRATT) mentioned, this in- between the United States and Russia. his leadership in this area. cludes an ambitious list of items to be I particularly appreciate this amend- I know that many Members here- on the agenda between the United ment because it focuses on some of the tofore had questions about this amend- States and Russia, including joint and things we need to do now in the 21st ment. I want to remind Members on reciprocal programs that deal with ev- century as opposed to looking back- both sides of the aisle that the com- wards to the old relationship between erything from nonproliferation all the promise that we are laying before the the United States and the former So- way to disposal of waste. It is some- House today was just arrived at a few viet Union. We need to focus on in- thing that gives all of our contacts moments ago. We think it deserves the creasing transparency and cooperation with Russia an agenda to go by and to support of the entire House on both with Russia because the situation has encourage them to remove more of the sides. We think it is an important step changed. distrust that still remains after years The principal threat is no longer forward toward peace and toward im- of Cold War and to work together in each other. The principal threat to the proving our cooperative relationship ways that are to our mutual benefit, United States and to Russia are third with Russia. Mr. SPRATT. Mr. Chairman, I yield 1 but also to the benefit of the world. parties that threaten both of us and, minute to the gentlewoman from Cali- So as the gentleman from South therefore, cooperation and trans- Carolina (Mr. SPRATT) mentioned, this parency are in our mutual interest. fornia (Mrs. TAUSCHER). amendment recognizes the need for a I think we also have to recognize Mrs. TAUSCHER. Mr. Chairman, this credible deterrent in the post-Cold War that Russia has a very active tactical is right for the United States and this world, removing some restrictions that nuclear program and there are some is right for this Congress. This is an op- have made it uncomfortable for some questions we have about their nuclear portunity for the bilateral relation- of the folks in our laboratories to even testing sites, and the best way to move ships between the United States and be thinking about the kind of things forward is to actively and aggressively Russia to improve, and I am here to we need for the future. So I want to seek the cooperation of Russia in open- say that I am very thankful to see that commend both leaders on this issue. I ing things up, cooperating, opening it is also a real sign of bipartisanship think this is an important step that transparency at these places, so we as of this Congress where Democrats and gives us a lot to work with in the fu- the United States can be reassured Republicans, who up to yesterday had ture, and I hope Members will support about what is going on now. some disagreements about some lan- it. This is a good amendment. It is a guage in this amendment, have come Mr. SPRATT. Mr. Chairman, I yield 1 good step in the right direction, and I together in a very practical and com- minute to the gentleman from Missouri commend the gentleman from Pennsyl- mon sense way to increase the opportu- (Mr. SKELTON), the ranking member of vania for his leadership. nities for our national labs, two of our committee. Mr. SPRATT. Mr. Chairman, how which are in my district in northern Mr. SKELTON. Mr. Chairman, I much time is remaining? California, to work to provide for the thank my friend from South Carolina The CHAIRMAN. The gentleman American people and frankly for the (Mr. SPRATT) for yielding me time. from South Carolina (Mr. SPRATT) has people of Russia and around the world Mr. Chairman, I think this is true 6 minutes remaining. The gentleman much more opportunities for non- what the gentleman from Pennsylvania from Pennsylvania (Mr. WELDON) has 4 proliferation, much more opportunities (Mr. WELDON) has said that this is an minutes remaining. for bilateral work and cooperation, and historic moment in this House because Mr. SPRATT. Mr. Chairman, I yield 2 the ability for us to have agreements it makes a giant step forward in the minutes to the gentleman from Texas between our countries that are much nuclear nonproliferation effort. It re- (Mr. TURNER), one of the key players in more transparent and give a sense that tains the existing ban on developing the compromises that have perfected we are very committed to working to- low yield nuclear weapons, but the and made this a better bill. gether and to turn aside the old adver- most important part is it allows sci- Mr. TURNER. Mr. Chairman, I thank sarial relationships in the post-Cold entific research to go forward in our the gentleman from South Carolina War and move to a new time where we nuclear weapons laboratories. (Mr. SPRATT) for yielding me time, and can be cooperative against the threats I want to thank him for his leadership that we both share. b 1545 in working on this amendment, and I I want to thank my colleagues on As the gentleman from South Caro- want to commend the gentleman from both sides of the aisle for being so co- lina (Mr. SPRATT) said, in the original Pennsylvania (Mr. WELDON) for his operative in working together. wording of the amendment, the latter leadership in trying to work out the Mr. WELDON of Pennsylvania. Mr. part thereof did cause a great deal of compromise that we have before us Chairman, I yield 2 minutes to the gen- concern on my part, and I am sure it that I think moves us forward in the tleman from California (Mr. HUNTER), was in the minds of others. So I com- bipartisan manner that I think serves the distinguished chairman of the Sub- pliment the gentleman on the com- the national interests of this country committee on Military Research and promise and our working together. very well. Development of the Committee on

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.129 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2337 Armed Services, and a leader on de- arrived at, because the gentleman from Hayes McCollum Saxton Hayworth McHugh Schaffer fense issues in this country. Pennsylvania (Mr. WELDON) and the Hefley McInnis Schakowsky Mr. HUNTER. Mr. Chairman, I thank gentleman from South Carolina (Mr. Herger McKeon Schiff the gentleman from Pennsylvania (Mr. SPRATT) are not theologians on this Hill McKinney Schrock WELDON) for yielding me the time, and floor, they are legislators. Legislators Hilleary McNulty Scott Hilliard Meehan I thank him for his leadership in this in every good sense of the word, and I Sensenbrenner Hinojosa Meeks (NY) Serrano area. am proud to be associated with them. Hobson Menendez Sessions Hoeffel Mica We have moved from the era of con- MOTION TO RISE OFFERED BY MR. TAYLOR OF Shadegg frontation with the former Soviet Hoekstra Miller, Dan Shaw MISSISSIPPI Holden Miller, Gary Union to what I would call the era of Shays Mr. TAYLOR of Mississippi. Mr. Hooley Miller, Jeff Sherman engagement, and the engagement needs Chairman, I move that the Committee Horn Mollohan Sherwood to be pursued in a number of areas. A Hostettler Moore Shimkus do now rise. Houghton Moran (KS) Shuster couple of areas that are very important Hoyer Moran (VA) The CHAIRMAN. The question is on Simmons to this Member, and I know a lot of Hunter Morella the motion offered by the gentleman Simpson Inslee Murtha others, is the idea of disposal of weap- Skeen from Mississippi (Mr. TAYLOR). Isakson Myrick ons-grade materials, making sure that Skelton The question was taken; and the Israel Nadler Smith (NJ) all of the ideas of stockpile security Chairman announced that the noes ap- Issa Napolitano that we adhere to are adhered to also Istook Neal Smith (TX) peared to have it. Jackson (IL) Ney Smith (WA) in the former Soviet Union. Snyder Also, the idea of making sure that RECORDED VOTE Jenkins Northup John Oberstar Souder the genius of the scientists’ population Mr. TAYLOR of Mississippi. Mr. Johnson (CT) Olver Spratt in the former Soviet Union that put to- Chairman, I demand a recorded vote. Johnson (IL) Ortiz Stearns gether that massive weapons complex A recorded vote was ordered. Johnson, E. B. Osborne Stenholm Johnson, Sam Otter Strickland in the weapons that they produced, to The vote was taken by electronic de- Jones (NC) Owens Stump make sure that that genius does not vice, and there were—ayes 49, noes 352, Kanjorski Pascrell Sullivan migrate to nations that at some point not voting 33, as follows: Kaptur Pastor Sununu may be adversaries to the United Keller Paul Sweeney [Roll No. 139] Kelly Payne Tancredo States is of utmost concern to us, and AYES—49 Kennedy (RI) Pence Tauscher Kerns Peterson (MN) Tauzin I think that this amendment makes Abercrombie Doggett Mink Kildee Peterson (PA) Taylor (NC) good sense, and the engagement that it Ackerman Evans Obey Kilpatrick Petri Terry Baldwin Filner promotes is going to serve those ends. Pallone Kind (WI) Phelps Bartlett Frank Thomas I thank the gentleman and commend Pelosi King (NY) Pickering Berry Hinchey Thompson (CA) Radanovich Kingston Pitts him for his leadership and everyone on Blumenauer Holt Thompson (MS) Shows Kirk Platts both sides of the aisle who worked on Boyd Honda Thornberry Solis Kleczka Pombo Brady (PA) Jefferson Thune the amendment. Stupak Knollenberg Pomeroy Brown (OH) Jones (OH) Thurman Mr. SPRATT. Mr. Chairman, I yield Tanner Kolbe Portman Capuano Larson (CT) Tiahrt Taylor (MS) Kucinich Price (NC) 90 seconds to the gentleman from Ha- Clay Lee Tierney Tiberi LaFalce Putnam waii (Mr. ABERCROMBIE). Condit Lynch Toomey LaHood Quinn Conyers Markey Towns Turner Mr. ABERCROMBIE. Mr. Chairman, Lampson Rahall Cummings McDermott Waters Udall (CO) one of the motivating forces in my life Langevin Ramstad DeFazio McGovern Wu Udall (NM) Lantos Rangel to enter electoral politics was civil DeGette McIntyre Wynn Upton Larsen (WA) Regula Dingell Miller, George Velazquez rights, and the other element that I Latham Rehberg Visclosky wanted to devote whatever energy I LaTourette Reynolds NOES—352 Vitter could in terms of politics was nuclear Leach Rivers Aderholt Cantor Ehrlich Walden proliferation. Levin Rodriguez Akin Capito Emerson Lewis (CA) Roemer Walsh What we are about to do today, I Allen Capps Engel Lewis (KY) Rogers (KY) Wamp think, may set us on the path that for Andrews Cardin English Linder Rogers (MI) Watkins (OK) many of us has been decades in the re- Armey Carson (IN) Eshoo Lipinski Rohrabacher Watt (NC) Baca Carson (OK) Etheridge LoBiondo Ros-Lehtinen Watts (OK) alizing. Bachus Castle Everett Lofgren Ross Weiner I want to pay tribute especially to Baird Chabot Farr Lowey Rothman Weldon (FL) the gentleman from South Carolina Baker Chambliss Fattah Lucas (KY) Roybal-Allard Weldon (PA) Baldacci Clayton Ferguson Weller (Mr. SPRATT). When I think of someone Lucas (OK) Royce Ballenger Clement Flake Luther Rush Wexler who I believe to be the ideal Member of Barcia Clyburn Fletcher Maloney (CT) Ryan (WI) Whitfield Congress, ready to deal with Members Barr Coble Foley Manzullo Ryun (KS) Wicker in every way, in a straightforward and Barrett Collins Forbes Mascara Sabo Wilson (NM) Barton Combest Fossella forthright manner, when I think of Matheson Sanchez Wilson (SC) Bass Cooksey Frelinghuysen Matsui Sanders Wolf someone who has a tenacious capacity Becerra Costello Frost McCarthy (MO) Sandlin Woolsey to pursue his ideals, I think of the gen- Bentsen Cox Gallegly McCarthy (NY) Sawyer Young (AK) tleman from Pennsylvania (Mr. Bereuter Coyne Ganske Berkley Cramer Gekas NOT VOTING—33 WELDON), and I think there is an amal- Berman Crenshaw Gephardt gam today of interests on behalf of Biggert Crowley Gibbons Boehlert Kennedy (MN) Pryce (OH) peace. Bilirakis Cubin Gilchrest Burton Lewis (GA) Reyes Bishop Culberson Gillmor Crane Maloney (NY) Riley I just want to reiterate for the record Blagojevich Cunningham Gilman Davis (IL) McCrery Roukema what the policy will be when the gen- Blunt Davis (CA) Gonzalez DeLay Meek (FL) Slaughter tleman from Pennsylvania’s (Mr. Boehner Davis (FL) Goode Ford Millender- Smith (MI) Bonilla Davis, Jo Ann Goodlatte Gutierrez McDonald WELDON) and the gentleman from Stark Bonior Davis, Tom Gordon Hall (OH) Nethercutt Traficant South Carolina’s (Mr. SPRATT) work Hulshof Norwood Bono Deal Goss Watson (CA) Hyde Nussle comes to fruition. Greater cooperation, Boozman Delahunt Graham Waxman Borski DeLauro Granger Jackson-Lee Ose transparency and confidence with the Young (FL) Boswell DeMint Graves (TX) Oxley Russian federation regarding nuclear Boucher Deutsch Green (TX) weapons, policy, forestructure, safe- Brady (TX) Diaz-Balart Green (WI) guards, testing, proliferation, preven- Brown (FL) Dicks Greenwood b 1615 Brown (SC) Dooley Grucci tion, infrastructure, production and Bryant Doolittle Gutknecht Messrs. GRAVES, RUSH and SCHIFF dismantlement, everything associated Burr Doyle Hall (TX) changed their vote from ‘‘aye’’ to ‘‘no.’’ with nuclear proliferation in our at- Buyer Dreier Hansen tempt to deal with it in three-dimen- Callahan Duncan Harman So the motion to rise was rejected. Calvert Dunn Hart sional human terms is in this amend- Camp Edwards Hastings (FL) The result of the vote was announced ment, and the wording that has been Cannon Ehlers Hastings (WA) as above recorded.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.101 pfrm15 PsN: H09PT1 H2338 CONGRESSIONAL RECORD — HOUSE May 9, 2002 b 1615 Mr. Chairman, this is a good com- to fiscal year 2012, a posture under which the The CHAIRMAN. The Committee is promise and a good bill, and I urge sup- United States maintains a number of oper- ationally deployed nuclear warheads at a considering amendment No. 1, as modi- port for it on both sides of the aisle. Mr. Chairman, I yield back the bal- level of from 1,700 to 2,200 such warheads, as fied, offered by the gentleman from outlined in the Nuclear Posture Review. The Pennsylvania (Mr. WELDON). ance of my time. report shall include the following: The gentleman from Pennsylvania Mr. WELDON of Pennsylvania. Mr. (1) For each of fiscal years 2006, 2008, and has 21⁄2 minutes remaining. The gen- Chairman, I yield myself such time as 2010, an assessment of the options for achiev- tleman from South Carolina (Mr. I may consume. ing such posture as of such fiscal year. (2) An assessment of the effects of achiev- SPRATT) has 11⁄2 minutes remaining, Mr. Chairman, in closing, I thank and the gentleman from Pennsylvania Members on both sides of the aisle for ing such posture prior to fiscal year 2012 on what has become I think one of the cost, the dismantlement workforce, and any has the right to close. other affected matter. Mr. WELDON of Pennsylvania. Mr. most important statements that we Chairman, I yield 1 minute to the gen- will make in this bill about a new era The CHAIRMAN. Pursuant to House tleman from Maryland (Mr. BARTLETT), of our security, our security in work- Resolution 415, the gentlewoman from one of our Ph.D.’s in Congress, who has ing together with Russia as partners. California (Mrs. TAUSCHER) and a Mem- visited Russia on three or four occa- Yesterday a group of Members met in ber opposed each will control 5 min- sions. the House of Representatives with a utes. Mr. BARTLETT of Maryland. Mr. Minister of Atomic Energy, The Chair recognizes the gentle- Chairman, the Cold War is over, and Rumyantsev, from Russia, and he told woman from California (Mrs. the United States and Russia are rec- us that Russia is ready for a new era of TAUSCHER). ognizing that our two countries have transparency, that the days of the Cold Mrs. TAUSCHER. Mr. Chairman, I far more that unites us than divides us. War are over. This amendment tests yield myself such time as I may con- This amendment is one area that we that language. This amendment says, sume. recognize that when we join forces, Mr. Rumyantsev, we agree with you, Mr. Chairman, this amendment adds when we focus on those things that and we are ready for a new era. Open up a small but critical requirement to the unite us, that both countries and the the test facilities, underground test language in the bill on the Nuclear world are better off for that. sites, and laboratories for joint co- Posture Review. We have spent far too much time fo- operation, and we will do the same. It As Members know, the Nuclear Pos- cusing on what divides us from Russia says that America and Russia truly can ture Review provides Congress with and not near enough time focusing on be, should be, and will be partners; but crucial information about the adminis- our common interests. This amend- it does not do it through rose-colored tration’s intentions on the country’s ment does just that. It should have glasses. nuclear strategy, warhead levels and been done last year, or 10 years ago. This amendment says in the new cen- infrastructure over the next 10 years. Let us not be next year saying we tury Russia and America together can Some of the review’s comments are should have done this last year. This is be key partners, whether it is solving positive, such as the restatement of the the right thing to do. I urge Members the war in Kosovo, solving the problem need to deploy the lowest number of to vote for this amendment. in the Middle East, or dealing with se- nuclear weapons consistent with our Mr. SPRATT. Mr. Chairman, I yield curity issues, that Russia can help us security requirements. 11⁄4 minutes to the gentleman from New accomplish our objectives. Other findings are more troubling, Jersey (Mr. ANDREWS). Mr. Chairman, I ask Members on especially the review’s failure to out- (Mr. ANDREWS asked and was given both sides of the aisle to support this line significant and verifiable cuts to permission to revise and extend his re- amendment. our nuclear arsenal. marks.) The CHAIRMAN. The question is on Recent comments by Assistant Sec- Mr. ANDREWS. Mr. Chairman, I rise the amendment, as modified, offered by retary of Defense Crouch about war- in strong support of the amendment, the gentleman from Pennsylvania (Mr. head reduction that ‘‘there is no such and thank the gentleman from Penn- WELDON). thing as something that is irrevers- sylvania (Mr. WELDON), the gentleman The question was taken; and the ible,’’ directly contradict the Presi- from South Carolina (Mr. SPRATT), the Chairman announced that the ayes ap- dent’s objective stated in Crawford, gentleman from Texas (Mr. TURNER), peared to have it. Texas, in the summit with President the gentlewoman from California (Mrs. Mr. WELDON of Pennsylvania. Mr. Putin last summer. TAUSCHER), and the others involved in Chairman, I demand a recorded vote. The credibility of the United States’ crafting this compromise. The CHAIRMAN. Pursuant to clause leadership in the area of arms control I think this language recognizes the 6 of rule XVIII, further proceedings on will be significantly undermined if we balance that has to be struck in the the amendment offered by the gen- do not live up to the President’s pro- new dynamic between our country and tleman from Pennsylvania (Mr. posal to reduce our nuclear arsenal. Russia. Most of this amendment deals WELDON) will be postponed. The gentleman from Arizona (Chair- with cooperation, with transparency The CHAIRMAN. It is now in order to man STUMP) and the gentleman from and technology, joint visitation, joint consider amendment No. 2 printed in Missouri (Mr. SKELTON), the ranking research and development, things that part A of House Report 107–450. member, took a first and valuable step would not have been possible a dozen PART A AMENDMENT NO. 2 OFFERED BY MRS. toward addressing this disconnect. years ago; and the authors of the TAUSCHER Indeed, the bill requests clarification amendment deserve great credit for Mrs. TAUSCHER. Mr. Chairman, I of the administration’s plans for our making those possibilities a reality. offer an amendment. strategic force structure, including The amendment also wisely recog- The CHAIRMAN. The Clerk will des- specific definitions of how many war- nizes, though, that as close as our ignate the amendment. heads will be dismantled or placed in friendship with Russia is growing, The text of the amendment is as fol- the ready reserve and associated costs. there is still risk. There is still uncer- lows: I ask for Members’ support for an ad- tainty, and there is still need for a Part A Amendment No. 2 offered by Mrs. ditional requirement to this section joint process between the executive TAUSCHER: mandating a report from the Secretary branch and those of us in the Congress At the end of section 1014 of the bill (page of Energy on options for achieving the to recognize and react to emergency 200, after line 6), insert the following new President’s objectives for operationally circumstances. I hope such cir- subsection: deployed nuclear warheads before 2012. cumstances never arise, but if they do, (c) REPORT ON OPTIONS FOR ACHIEVING, This is a nonbinding, common sense PRIOR TO FISCAL YEAR 2012, PRESIDENT’S OB- this amendment strikes the proper bal- requirement that simply asks the Sec- JECTIVE FOR OPERATIONALLY DEPLOYED NU- ance. I urge its adoption by both Re- CLEAR WARHEADS.—Not later than 90 days retary of Energy to look at whether publicans and Democrats. after the date of the enactment of this Act, the President’s arms objective can be Mr. SPRATT. Mr. Chairman, I yield the Secretary of Energy shall submit to Con- achieved in a shorter time frame. Addi- myself the balance of my time. gress a report on options for achieving, prior tionally, it is my belief that this

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.104 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2339 should actually be addressed to the Na- SEC. 3146. PROHIBITION ON RESEARCH AND DE- Mr. WELDON of Pennsylvania. Mr. tional Nuclear Security Administra- VELOPMENT OF NUCLEAR EARTH Chairman, I yield myself 2 minutes. PENETRATOR WEAPON. tion, which is a semi-autonomous agen- (a) PERMANENT PROHIBITION.—No funds Mr. Chairman, we have made a good- cy inside the Department of Energy. available to the Department of Energy may faith effort both in the committee and Mr. WELDON of Pennsylvania. Mr. be used for any development, testing, or en- on this floor to reach bipartisan com- Chairman, will the gentlewoman yield? gineering of a nuclear earth penetrator promise on issues regarding our nu- Mrs. TAUSCHER. I yield to the gen- weapon. clear policy. tleman from Pennsylvania. (b) FISCAL YEAR 2003.—No funds appro- We just completed a vote on a com- priated for or otherwise made available to prehensive program to engage Russia, a Mr. WELDON of Pennsylvania. Mr. the Secretary of Energy for fiscal year 2003 Chairman, this side applauds the gen- may be used for a feasibility study for a nu- program that I think is historic. We tlewoman for her leadership on these clear earth penetrator weapon. just accepted an amendment from the issues, and we are happy to accept this The CHAIRMAN. Pursuant to House gentlewoman from California (Mrs. amendment in the spirit in which it is Resolution 415, the gentleman from TAUSCHER). We agreed to a report that offered, and think it will be a produc- Massachusetts (Mr. MARKEY) and a she wants to have issued on the size of tive addition to the bill. Member opposed each will control 10 our nuclear weapon force over the next Mrs. TAUSCHER. Mr. Chairman, I minutes. dozen years. yield 1 minute to the gentleman from The Chair recognizes the gentleman But, Mr. Chairman, this amendment South Carolina (Mr. SPRATT). from Massachusetts (Mr. MARKEY) for in my opinion is a dangerous amend- Mr. SPRATT. Mr. Chairman, I rise to 10 minutes. ment. There are certain things we can- commend both the gentlewoman from Mr. MARKEY. Mr. Chairman, I yield not discuss on the House floor. I would California (Mrs. TAUSCHER) and the myself such time as I may consume. think before any Member voted on this gentleman from Pennsylvania (Mr. Mr. Chairman, I have an amendment amendment, they would want to have WELDON) for reaching agreement on that is before the House that I would had the Code Word level briefing that I what I think is a good amendment to hope as the staffs talk right now we arranged for Members of the Com- an amendment. might be able to work out some form of mittee on Armed Services last week. Basically the Nuclear Posture Re- a compromise on; but pending that, the b 1630 view raised more questions than it an- subject is around the whole subject of a robust nuclear earth penetrator. A number of my colleagues from both swered; among them, why does it take sides of the aisle attended that brief- 10 years to draw down the operation- Now this weapon is one which is con- templated being used as a nuclear ing, where at a Code Word level we ally deployed force; why do we have to were given certain information about maintain a responsive force of the weapon to be a bunker buster, but po- tentially bigger than that, in fact, and what appears to be to the Intelligence magnitude that was indicated? We may Community some new movement in the have as many warheads actually de- will breach this psychological and po- litical barrier that we have established area of nuclear weapons and nuclear ployed in 2012 as we do today. How materials. We cannot discuss that on costly will it be to maintain this force? in the world for 57 years that nuclear weapons are not usable. the floor of the House because we are These are all questions that we need to in open session. So, therefore, even ask directly, and that is what this What my amendment says is that there should be a permanent prohibi- though Members have access to that amendment will do. It will put these information, I would say to you that questions back to DOD and get a fur- tion; that is, that no funds should be available to the Department of Energy probably no more than 10 Members of ther addendum or response to clarify this body, maybe 20, have received the NPR on these critical points. for any development, testing or engi- neering of a nuclear earth penetrator security classified briefing on the im- Mr. Chairman, I commend the gentle- weapon. The objective, of course, is to plications of this amendment. For that woman for offering this amendment, say if we moved to that phase of test- reason alone, this amendment should and support it fully. ing, unfortunately, it would most like- be defeated. Mrs. TAUSCHER. Mr. Chairman, I ly result in a breach of the test ban ac- But, Mr. Chairman, beyond that, this yield myself such time as I may con- commodation which has been lived amendment says that the Secretary of sume. with by the United States and the So- Energy cannot even do a feasibility Mr. Chairman, I thank the gentleman viet Union and the rest of the world for study for a nuclear earth penetrating from Pennsylvania (Mr. WELDON) for the last 15 years or so. weapon. If we look at Afghanistan and accepting the amendment and appre- Since we already have a generation the wars and the situation we are in- ciate the opportunity to work with the of nuclear earth penetrating weapons, volved in, one of our biggest problems gentleman. it seems to me it does not make a lot are deep underground hardened targets. Mr. Chairman, I yield back the bal- of sense for us to run the risk of send- This amendment says we cannot even ance of my time. ing a signal to the rest of the world do a feasibility study. We are not talk- The CHAIRMAN. Does any Member that we are trying to dissuade from ing about building a weapon. We are wish to speak in opposition to the using these weapons towards the goal not talking about producing something amendment? of just improving one to make it more to drop. We are talking about a feasi- The question is on the amendment usable, but at the same time because of bility study. This amendment says no offered by the gentlewoman from Cali- the sensitivity of our relations with feasibility study. fornia (Mrs. TAUSCHER). Russia, amongst others, in terms of Mr. Chairman, this amendment goes The amendment was agreed to. their nuclear testing, but every other way too far. This amendment is more The CHAIRMAN. It is now in order to country in the world that we are trying about, I think, a political statement consider amendment No. 3 printed in to convince that nuclear weapons are than it is about substance. I would ag- part A of House Report 107–450. unusable, that as we cross this nuclear gressively urge our colleagues to vote PART A AMENDMENT NO. 3 OFFERED BY MR. Rubicon we are sending a very strong ‘‘no.’’ MARKEY signal that the weapons are usable. Mr. MARKEY. Mr. Chairman, I yield Mr. MARKEY. Mr. Chairman, I offer So my amendment seeks to stop the 1 minute to the gentleman from Mis- an amendment. testing, stop any engineering or devel- souri (Mr. SKELTON), the ranking mem- The CHAIRMAN. The Clerk will des- opment of such a weapon. ber of the Committee on Armed Serv- ignate the amendment. Mr. Chairman, I reserve the balance ices. The text of the amendment is as fol- of my time. Mr. SKELTON. I thank my friend lows: Mr. WELDON of Pennsylvania. Mr. from Massachusetts for yielding me Part A Amendment No. 3 offered by Mr. Chairman, I rise in opposition to the this time. MARKEY: amendment. Mr. Chairman, we all know from our At the end of subtitle C of title XXXI (page The CHAIRMAN. The gentleman experience in Afghanistan that adver- 352, after line 24), insert the following new from Pennsylvania (Mr. WELDON) is saries use caves and bunkers to counter section: recognized for 10 minutes. our American conventional strength

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.107 pfrm15 PsN: H09PT1 H2340 CONGRESSIONAL RECORD — HOUSE May 9, 2002 and we are right to be concerned that setts for yielding me this time and for I have listened to the arguments of future enemies might use such bunkers his leadership in leading the world, I the gentleman from California and the to protect weapons of mass destruc- think, in the right direction. gentlewoman from New Mexico. They tion. However, the use of nuclear bunk- I rise in strong support of the Mar- are very honest. They are really talk- er busters is absolutely not the way to key amendment really to prohibit the ing about obliterating the distinction go. It is counterproductive. development of this nuclear earth pen- between nuclear and non-nuclear weap- Using nuclear weapons would spread etrator weapon. This weapon poses un- ons that has been a centerpiece for 50 deadly radiation, putting both Amer- acceptable risks. Our own troops would years. What they say is if they threat- ican troops in the theater as well as be endangered by nuclear fallout and en us, we will go after them, we will local populations at risk. It would also innocent civilians could be caught in a find them. prevent American troops from entering nuclear crossfire. Furthermore, devel- What we are being told is that we caves and bunkers to retrieve poten- oping this weapon really does take us should develop a nuclear capacity to tially valuable intelligence. We have down the path of nuclear testing and respond to non-nuclear threats. We are been doing that in Afghanistan. Per- nuclear proliferation. Where we go, being told that conventional threats haps most significantly, the use of tac- others will follow. will call from America a nuclear re- tical nuclear weapons would mark a It is bad enough that we have not sponse. Not only is that greatly unnec- dramatic change in United States pol- ratified the Comprehensive Test Ban essary, it will further destabilize the icy and would undermine our non- Treaty. United States nuclear testing world. We have been trying to preach proliferation policies around the globe. would destroy this treaty. The United non-nuclear proliferation, but the town This is a very needed and a very nec- States cannot preach nonproliferation drunk is a poor advocate for temper- essary amendment to proceed on the while escalating the arms race our- ance. We cannot simultaneously oblit- non-nuclear proliferation effort. selves. erate the distinction that has existed Mr. WELDON of Pennsylvania. Mr. I urge my colleagues to support this for the entire period between nuclear Chairman, I yield 2 minutes to the dis- amendment. I want to again thank the and non-nuclear weapons. We cannot tinguished gentlewoman from New gentleman from Massachusetts for of- threaten, as we have heard, a nuclear Mexico (Mrs. WILSON). fering this amendment. response to a non-nuclear attack and Mrs. WILSON of New Mexico. Mr. Mr. WELDON of Pennsylvania. Mr. then still have any credibility in Chairman, I thank the gentleman from Chairman, I yield 2 minutes to the gen- preaching temperance. Pennsylvania for yielding me this tleman from California (Mr. HUNTER), Secondly, we have said in Afghani- time. I rise to oppose this amendment. the distinguished chairman of the Sub- stan, in Iraq, we are these days likely The reality is that our enemies are committee on Research and Develop- to be in the posture not of war against burrowing in their chemical weapons ment. capability, their conventional capa- a people, say, as in World War II but in Mr. HUNTER. I thank the distin- bility, their command and control bio- an effort to rescue a people from an op- guished gentleman for yielding me this logical and nuclear weapons programs. pressive government. How welcome time. will our wagon be when it comes to nu- Our current weapons systems cannot Mr. Chairman, we are in this amend- destroy targets that are deeply buried clear arms? Do we tell the people of Af- ment proposing to kill what could be in tunnels. They were not designed to. ghanistan, do not worry, we will free the centerpiece of a certain deterrent Our enemies know that. you from the Taliban by using nuclear Nuclear weapons are useful precisely capability that is important to us. We weapons within your country. Do not because they are unusable. That is the want to send a message to anybody worry, we will overthrow Saddam Hus- nature of deterrence and the reason who would strike America, whether on sein with nuclear attacks in Iraq. that we want to be able to keep these a conventional battlefield or in a ter- I think you undercut the whole no- targets at risk. The robust nuclear rorist manner, we want them to know tion that America can be coming to the earth penetrating weapon is being that we will hunt them down and find rescue of the victims of oppression. The studied as directed by this Congress in them and, if necessary, dig them out, United States is hardly a pitiful giant the 2001 defense authorization bill. It is wherever we have to. weakened without nuclear weapons. We not a new nuclear weapon. The ques- That means no safe havens. One way just saw in Afghanistan no shortage of tion is whether you can take an exist- you ensure that there are no safe ha- overwhelming American power. It was ing nuclear weapon, package it and en- vens is to be able to go deep. Unless we not a lack of force, a lack of potency. case it in such a way so that it will do a lot more research and develop- To destroy the distinction between nu- penetrate the Earth before it explodes ment and we find some quantum break- clear and non-nuclear weapons as we in order to hold at risk those hard and through in conventional systems, to go have heard is with very grave error. deeply buried targets. It does not make deep is going to require a nuclear capa- Mr. WELDON of Pennsylvania. Mr. it more likely that the President would bility. That is a good message to send Chairman, I yield myself 30 seconds. use such a weapon. It does make it to people who would hurt this country, First of all, Mr. Chairman, we are not more probable that that weapon would because if you look at the array of fix- talking about a new nuclear weapon. work if he had to use it. Any President tures that are going to be buried by po- That is not the discussion here. We are should have at his disposal the ability tential adversaries, you see several talking about an attempt to repackage to hold at risk the most important tar- things. You see their command and an existing nuclear weapon for a new gets that people have who would want control; you see their development of threat that we have to deal with. We to destroy and to hurt us. By holding nuclear, chemical and biological weap- know the Russians have 13,000 tactical those targets at risk, we make it less ons; and, most importantly, you see nuclear weapons. likely that they will hurt us and at- the people themselves who ordered the If you really want to stop prolifera- tack us or our allies with chemical, bi- strike on the United States. tion, I would like to see my colleague ological or nuclear weapons. That is where leadership goes. Lead- from Massachusetts offer an amend- The President should have options, ership, in terms of our potential adver- ment to negotiate for a serious reduc- the options of conventional forces, of saries, will go deep. They will go as far tion of tactical nuclear weapons. These precision conventional weapons, and of underground as they possibly can go. tactical nuclear weapons are a real nuclear weapons that are capable of They need to know there is no safe threat to us. The Russians have 13,000 holding those targets at risk so that we haven. That requires that we vote ‘‘no’’ of them. do not have to use them. That is pre- on this amendment. Mr. Chairman, I yield 15 seconds to cisely why we need to continue with Mr. MARKEY. Mr. Chairman, I yield the gentleman from California (Mr. this feasibility study. 2 minutes to the gentleman from Mas- HUNTER). Mr. MARKEY. Mr. Chairman, I yield sachusetts (Mr. FRANK). Mr. HUNTER. Mr. Chairman, let me 1 minute to the gentlewoman from Mr. FRANK. Mr. Chairman, I wel- just say that there has been a policy California (Ms. LEE). come this latest in the acts of leader- among a number of nations in the Ms. LEE. Mr. Chairman, I want to ship my friend and colleague has dealt Western democracies, including our al- thank the gentleman from Massachu- with in the nuclear area. lies, that would respond to chemical or

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.131 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2341 biological attack with nuclear systems. There are some military capabilities It is time that we took a stand for We have never foreclosed that. that we may decide are not worth the peace. It is time that we took a stand Mr. MARKEY. Mr. Chairman, I yield time to pursue, and there are some ca- for the continuation of life on this 10 seconds to the gentleman from Mas- pabilities that in the priority of things planet. Why should that be hard to do, sachusetts (Mr. FRANK). we may want to leave behind. But I even for the Congress? Mr. FRANK. Mr. Chairman, I think find it very troubling that some people Mr. MARKEY. Mr. Chairman, I yield the gentleman from Pennsylvania in- do not even want us to explore options myself the remaining time. vited either myself or my colleague to which could be critical for our future We do not use biological weapons in offer an amendment on nonprolifera- national security. Afghanistan. We do not use chemical tion, but the problem is that the way Frankly, I am skeptical that any weapons in Afghanistan. We do not use the Committee on Rules has been Member of this body can know for cer- this present generation of nuclear working, at your behest, it would not tain all of the circumstances that any earth penetrators in Afghanistan be- have been in order. That is why we did President in the future will face in a cause we know it is wrong, and because not bother to try. world full of chemical and biological we just have to ask al Qaeda how well Mr. WELDON of Pennsylvania. Mr. and radiological and nuclear weapons, our existing conventional bombs did in Chairman, I yield myself 5 seconds. and we want to say we are not even destroying them. I have not heard any- I felt that same way just a few short going to consider those options to deal one say that there was some problem years ago. I understand the gentleman with all of those things. I think that that needed nuclear weapons to be from Massachusetts’ frustration. would be a mistake. dropped on Afghanistan. Mr. MARKEY. Mr. Chairman, I yield To have a credible deterrent, that The consequences of opposing the 1 minute to the gentlewoman from means political adversaries, and even Markey amendment will be that a new California (Ms. WOOLSEY). generation of nuclear testing, breach- (Ms. WOOLSEY asked and was given friends have to believe in that deter- ing the test ban between the United permission to revise and extend her re- rent. If we say up front, if you burrow States and the Soviet Union, sending a marks.) down in the ground we cannot touch Ms. WOOLSEY. Mr. Chairman, I rise you because our conventional capabili- signal to countries all around the in strong support of the Markey ties have obvious limitations, and so if world that nuclear weapons are now us- amendment to halt development, test- we say we are not even going to con- able, even though we do not need them ing or use of so-called mini nukes. I sider going after buried targets in any in Afghanistan, we do not need them in thank my colleague from Massachu- other way, then we are simply saying, Iraq; we can destroy, level those coun- setts for his continuing leadership on ‘‘Go to it. We’ll leave you alone.’’ We tries. If we use nuclear weapons in nonproliferation issues. are encouraging people to bury their Tora Bora, it will only be in order to Let us make no mistake about it. De- communication, their factories, their ensure that the rubble is bouncing, not veloping these mini nukes would make silos, and we will not be able to do any- that we have destroyed the entire their use more likely, which would thing about it. country already with conventional weapons. make a nuclear war more likely. The b 1645 fact is if we sanction their develop- This is the wrong road to go down. Mr. Chairman, we know Russia has ment, we only provide legitimacy for We are breaching a barrier which would buried targets deep. We have seen what other nations to do exactly the same. be a very serious mistake for our coun- My constituents in Marin and al Qaeda has done in Afghanistan. We try. Sonoma Counties in California, like know Iraq is burying things. So to take Mr. WELDON of Pennsylvania. Mr. most Americans, have made it very an option off the table, to say we are Chairman, I yield myself the balance of clear that they support a reduction in not even going to explore it, that we the time. America’s nuclear arsenal. They are are going to tie our own hands behind Mr. Chairman, we have just com- rightly demanding that we take a rea- our backs, even in a world with all of pleted almost an hour’s worth of work soned approach toward nuclear weap- these difficult, complex situations I of starting a new era in our relation- ons policy, not a renewed buildup of think would be a tragic mistake. We ship with Russia on nuclear weapons. It nuclear arms. Without the Markey should reject the amendment. has been bold. It has been bipartisan. It The CHAIRMAN. The gentleman amendment, United States nuclear pol- has been bilateral. We have shown, from Pennsylvania (Mr. WELDON) has 1 icy will take a U-turn that would without any doubt, that we are willing minute remaining. The gentleman prompt more nuclear competition, to move into a new era. But, Mr. Chair- from Massachusetts (Mr. MARKEY) has threaten our national security, and un- man, as we saw on September 11, there 13⁄4 minutes remaining. The gentleman dermine nonproliferation efforts. are those people who do not play by the Reject this vision. Support the Mar- from Pennsylvania (Mr. WELDON) has rules. Anyone who would take out al- key amendment. the right to close. most 3,000 lives in the most unbeliev- Mr. WELDON of Pennsylvania. Mr. Mr. MARKEY. Mr. Chairman, I yield able way thinkable would not hesitate Chairman, I yield myself 15 seconds. 1 minute to the gentleman from Ohio to do work in one of 10,000 underground Mr. Chairman, this is not a mini nu- (Mr. KUCINICH). bunkers and caves around the world, clear weapon. I do not know where that Mr. KUCINICH. Mr. Chairman, the most of which are in our adversaries’ term came from, but it is totally incor- question is not whether we should per- territory, to develop and potentially rect. A deep earth penetrating weapon mit targets to be buried deep; the ques- use weapons of mass destruction. This is a large weapon designed to do dam- tion is whether we are going to permit amendment would go to the extreme. It age. In fact, in our committee we peace to be buried deep. would prevent the President from even called for a report, again with the bi- We have a nonproliferation treaty doing a feasibility study. partisan spirit of our members on the that stops nuclear weapons from be- This is not about peace. I am a teach- other side, for a study of the effects of coming a sword of Damocles hanging er by profession. Nobody wants peace this. This amendment should be re- over this world. We had an ABM Treaty more than I do. We do not have a han- jected. that stopped the United States and dle on peace with a certain few in this Mr. Chairman, I yield 2 minutes to Russia from engaging each other. We body. This is about giving the Presi- the distinguished gentleman from had START II and START III that was dent legitimate ability to protect us Texas (Mr. THORNBERRY). the basis of getting rid of nuclear against those threats that we see Mr. THORNBERRY. I thank the gen- weapons. We had a Comprehensive Test emerging in the 21st century. I ask my tleman for yielding me this time. Ban Treaty waiting to be signed. Now, colleagues to vote no on the Markey Mr. Chairman, I have always found it we have gone from that kind of a hope- amendment. rather odd that some of our most dif- ful approach to sustain the world to an Ms. LEE. Mr. Chairman, I rise today in ficult battles in the area of national se- approach that puts the world at an strong support of the Markey amendment, and curity are preventing our own people abyss, to an approach that envisions I want to thank my colleagues, Mr. RAHALL by limiting our options and tying our target nations, nuclear first strike, and Mr. MARKEY, for their leadership in stand- hands behind our back. bunker busters. ing up for the environment.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00105 Fmt 4634 Sfmt 9920 E:\CR\FM\K09MY7.114 pfrm15 PsN: H09PT1 H2342 CONGRESSIONAL RECORD — HOUSE May 9, 2002 The Defense Authorization Bill as written Culberson Johnson, Sam Radanovich NOT VOTING—23 Cummings Jones (NC) Rahall Boucher Jackson-Lee Reyes grants the Department of Defense sweeping Cunningham Kanjorski Ramstad Burton (TX) Riley the blanket exemptions to existing environ- Davis (CA) Kaptur Rangel Cannon Kennedy (MN) Roukema Davis (FL) Keller Regula mental laws. Cox Lewis (GA) Davis, Jo Ann Kelly Rehberg Smith (MI) The American public doesn’t want fewer en- Crane Millender- Traficant Davis, Tom Kennedy (RI) Reynolds Davis (IL) McDonald vironmental protections. They want more. Deal Kerns Rivers Watson (CA) Dooley Nethercutt Waxman Eighty-five percent of registered voters sur- DeLauro Kildee Rodriguez Gutierrez Nussle veyed on this question believe that the Depart- DeLay Kilpatrick Rogers (KY) Hall (OH) Ose ment of Defense should have to follow the DeMint Kind (WI) Rogers (MI) Deutsch King (NY) Rohrabacher b 1719 same environmental and public health laws as Diaz-Balart Kingston Ros-Lehtinen everyone else. Dicks Kirk Ross Mr. LEWIS of Kentucky changed his We have already seen efforts to roll back Doolittle Kleczka Rothman vote from ‘‘aye’’ to ‘‘no.’’ protections on our air and water. It is time to Doyle Knollenberg Roybal-Allard So the motion to rise was rejected. Dreier Kolbe Royce stand up and put a stop to these assaults on Duncan Kucinich Rush The result of the vote was announced our environment. Dunn LaFalce Ryan (WI) as above recorded. Biodiversity is essential to our national herit- Edwards LaHood Ryun (KS) The CHAIRMAN. The question is on age. We have an obligation to our children Ehlers Lampson Sabo the amendment offered by the gen- Ehrlich Langevin Sanchez and to their children to protect that biodiver- Emerson Lantos Sanders tleman from Massachusetts (Mr. MAR- sity. Engel Larsen (WA) Sandlin KEY). And so, I urge you to adopt this amend- English Latham Sawyer The question was taken; and the Eshoo LaTourette Saxton Chairman announced that the noes ap- ment. It does not impose any unreasonable Etheridge Leach Schaffer restrictions on the Department of Defense. It Evans Levin Schiff peared to have it. simply ensures that the U.S. government will Everett Lewis (CA) Schrock RECORDED VOTE abide by existing U.S. laws. Farr Lewis (KY) Scott Mr. MARKEY. Mr. Chairman, I de- Fattah Linder Sensenbrenner MOTION TO RISE OFFERED BY MR. TAYLOR OF Ferguson Lipinski Serrano mand a recorded vote. MISSISSIPPI Flake LoBiondo Sessions A recorded vote was ordered. Mr. TAYLOR of Mississippi. Mr. Fletcher Lofgren Shadegg Mr. CHAIRMAN. Pursuant to clause 6 Foley Lowey Shaw Chairman, I move that the Committee Forbes Lucas (KY) Shays of rule XVIII, the Chair will reduce to do now rise. Ford Lucas (OK) Sherman 5 minutes the time for a recorded vote The CHAIRMAN. The question is on Fossella Luther Sherwood on amendment No. 1. the motion to rise offered by the gen- Frelinghuysen Maloney (CT) Shimkus The vote was taken by electronic de- Frost Maloney (NY) Shuster tleman from Mississippi (Mr. TAYLOR). Gallegly Manzullo Simmons vice, and there were—ayes 172, noes 243, The question was taken; and the Ganske Mascara Simpson not voting 19, as follows: Chairman announced that the noes ap- Gekas Matheson Skeen [Roll No. 141] Gephardt Matsui Skelton peared to have it. Gibbons McCarthy (MO) Smith (NJ) AYES—172 RECORDED VOTE Gilchrest McCarthy (NY) Smith (TX) Abercrombie Frank Meeks (NY) Mr. TAYLOR of Mississippi. Mr. Gillmor McCollum Smith (WA) Ackerman Frost Menendez Gilman McCrery Snyder Allen Gephardt Miller, George Chairman, I demand a recorded vote. Gonzalez McHugh Souder Andrews Gonzalez Mink A recorded vote was ordered. Goode McInnis Spratt Baca Gutierrez Moore The vote was taken by electronic de- Goodlatte McKeon Stearns Baird Hastings (FL) Moran (VA) Gordon McKinney Strickland Baldacci Hill Morella vice, and there were—ayes 51, noes 360, Goss McNulty Stump Baldwin Hilliard Nadler not voting 23, as follows: Graham Meehan Sullivan Barrett Hinchey Napolitano [Roll No. 140] Granger Meek (FL) Sununu Becerra Hoeffel Neal Graves Meeks (NY) Sweeney Bentsen Holt Oberstar AYES—51 Green (TX) Menendez Tancredo Berkley Honda Obey Abercrombie Filner Obey Green (WI) Mica Tauscher Berman Hooley Olver Ackerman Frank Olver Greenwood Miller, Dan Tauzin Blagojevich Hoyer Owens Baldwin Hinchey Pallone Grucci Miller, Gary Taylor (NC) Blumenauer Inslee Pallone Berry Honda Pelosi Gutknecht Miller, Jeff Terry Bonior Jackson (IL) Pascrell Blumenauer Jefferson Roemer Hall (TX) Mollohan Thomas Borski Jefferson Pastor Bonior Johnson, E. B. Schakowsky Hansen Moore Thompson (CA) Boswell Johnson, E. B. Payne Boyd Jones (OH) Shows Harman Moran (KS) Thompson (MS) Boucher Jones (OH) Pelosi Brady (PA) Larson (CT) Slaughter Hart Moran (VA) Thornberry Brady (PA) Kaptur Peterson (MN) Capuano Lee Solis Hastings (FL) Morella Thune Brown (FL) Kennedy (RI) Pomeroy Clay Lynch Stark Hastings (WA) Murtha Thurman Brown (OH) Kildee Price (NC) Condit Markey Stenholm Hayes Myrick Tiahrt Capps Kilpatrick Rahall Conyers McDermott Stupak Hayworth Nadler Tiberi Capuano Kind (WI) Rangel DeFazio McGovern Tanner Hefley Napolitano Tierney Cardin Kleczka Rivers DeGette McIntyre Taylor (MS) Herger Neal Toomey Carson (IN) Kucinich Rodriguez Delahunt Miller, George Towns Hill Ney Turner Clay LaFalce Roemer Dingell Mink Waters Hilleary Northup Udall (CO) Clayton Lampson Ross Doggett Oberstar Wu Hilliard Norwood Udall (NM) Clyburn Langevin Roybal-Allard Hinojosa Ortiz Upton Condit Lantos Rush NOES—360 Hobson Osborne Velazquez Conyers Larsen (WA) Sabo Coyne Larson (CT) Sanchez Aderholt Biggert Cantor Hoeffel Otter Visclosky Crowley Leach Sanders Akin Bilirakis Capito Hoekstra Owens Vitter Cummings Lee Sawyer Allen Bishop Capps Holden Oxley Walden Davis (CA) Levin Schakowsky Andrews Blagojevich Cardin Holt Pascrell Walsh DeFazio Lofgren Schiff Armey Blunt Carson (IN) Hooley Pastor Wamp DeGette Lowey Scott Baca Boehlert Carson (OK) Horn Paul Watkins (OK) Delahunt Luther Serrano Bachus Boehner Castle Hostettler Payne Watt (NC) DeLauro Lynch Shays Baird Bonilla Chabot Houghton Pence Watts (OK) Deutsch Maloney (CT) Sherman Baker Bono Chambliss Hoyer Peterson (MN) Weiner Dicks Maloney (NY) Skelton Baldacci Boozman Clayton Hulshof Peterson (PA) Weldon (FL) Dingell Markey Slaughter Ballenger Borski Clement Hunter Petri Weldon (PA) Doggett Matheson Smith (NJ) Barcia Boswell Clyburn Hyde Phelps Weller Dooley Matsui Smith (WA) Barr Brady (TX) Coble Inslee Pickering Wexler Edwards McCarthy (MO) Snyder Barrett Brown (FL) Collins Isakson Pitts Whitfield Engel McCarthy (NY) Solis Bartlett Brown (OH) Combest Israel Platts Wicker Eshoo McCollum Spratt Barton Brown (SC) Cooksey Issa Pombo Wilson (NM) Etheridge McDermott Stark Bass Bryant Costello Istook Pomeroy Wilson (SC) Evans McGovern Strickland Becerra Burr Coyne Jackson (IL) Portman Wolf Farr McKinney Stupak Bentsen Buyer Cramer Jenkins Price (NC) Woolsey Fattah McNulty Tauscher Bereuter Callahan Crenshaw John Pryce (OH) Wynn Filner Meehan Thompson (CA) Berkley Calvert Crowley Johnson (CT) Putnam Young (AK) Ford Meek (FL) Thompson (MS) Berman Camp Cubin Johnson (IL) Quinn Young (FL)

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.086 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2343 Thurman Velazquez Woolsey b 1738 Kaptur Ney Shimkus Tierney Visclosky Wu Keller Northup Shows Towns Waters Wynn Mr. CROWLEY and Mr. FORD Kelly Norwood Shuster Udall (CO) Watt (NC) changed their vote from ‘‘no’’ to ‘‘aye.’’ Kennedy (RI) Nussle Simmons Udall (NM) Weiner So the amendment was rejected. Kerns Oberstar Simpson Kildee Obey Skeen The result of the vote was announced NOES—243 Kilpatrick Ortiz Skelton as above recorded. Kind (WI) Osborne Smith (NJ) Aderholt Goodlatte Otter King (NY) Otter PART A, AMENDMENT NO. 1, AS MODIFIED, Smith (TX) Akin Gordon Oxley Kingston Oxley Smith (WA) OFFERED BY MR. WELDON OF PENNSYLVANIA Armey Goss Paul Kirk Pallone Snyder Bachus Graham Pence The CHAIRMAN. The pending busi- Kleczka Pascrell Souder Baker Granger Peterson (PA) ness is the demand for a recorded vote Knollenberg Pastor Spratt Kolbe Pence Ballenger Graves Petri on amendment No. 1, as modified, Stearns Barcia Green (TX) Phelps LaFalce Peterson (MN) Stenholm Barr Green (WI) Pickering printed in part A of House Report 107– LaHood Peterson (PA) Strickland Bartlett Greenwood Pitts 450 offered by the gentleman from Lampson Petri Stump Barton Grucci Platts Langevin Phelps Stupak Pennsylvania (Mr. WELDON) on which Lantos Pickering Bass Gutknecht Pombo further proceedings were postponed and Sullivan Bereuter Hall (TX) Portman Larsen (WA) Pitts Sununu Berry Hansen Pryce (OH) on which the ayes prevailed by voice Larson (CT) Platts Sweeney Latham Pombo Biggert Harman Putnam vote. Tancredo LaTourette Pomeroy Bilirakis Hart Quinn Tanner The Clerk will redesignate the Leach Portman Bishop Hastings (WA) Radanovich Tauscher amendment. Levin Price (NC) Blunt Hayes Ramstad Tauzin Lewis (CA) Pryce (OH) The Clerk redesignated the amend- Taylor (MS) Boehlert Hayworth Regula Lewis (KY) Putnam Taylor (NC) Boehner Hefley Rehberg ment. Linder Quinn Terry Bonilla Herger Reynolds RECORDED VOTE Lipinski Radanovich Thomas Bono Hilleary Rogers (KY) LoBiondo Rahall The CHAIRMAN. A recorded vote has Thompson (CA) Boozman Hinojosa Rogers (MI) Lowey Ramstad Thompson (MS) Boyd Hobson Rohrabacher been demanded. Lucas (KY) Regula Thornberry Brady (TX) Hoekstra Ros-Lehtinen A recorded vote was ordered. Lucas (OK) Rehberg Thune Brown (SC) Holden Rothman The CHAIRMAN. This will be a 5- Luther Reynolds Bryant Horn Royce Lynch Rivers Thurman Burr Hostettler Ryan (WI) minute vote. Maloney (CT) Rodriguez Tiahrt Buyer Houghton Ryun (KS) The vote was taken by electronic de- Maloney (NY) Roemer Tiberi Toomey Callahan Hulshof Sandlin vice, and there were—ayes 362, noes 53, Manzullo Rogers (KY) Towns Calvert Hunter Saxton Mascara Rogers (MI) not voting 19, as follows: Turner Camp Hyde Schaffer Matheson Rohrabacher Udall (CO) Cantor Isakson Schrock [Roll No. 142] Matsui Ros-Lehtinen Udall (NM) Capito Israel Sensenbrenner AYES—362 McCarthy (MO) Ross McCarthy (NY) Rothman Upton Carson (OK) Issa Sessions Abercrombie Clyburn Gibbons Velazquez Castle Istook Shadegg McCollum Roybal-Allard Akin Coble Gilchrest McCrery Royce Visclosky Chabot Jenkins Shaw Allen Collins Gillmor Vitter Chambliss John Sherwood McHugh Rush Andrews Combest Gilman McInnis Ryan (WI) Walden Clement Johnson (CT) Shimkus Armey Cooksey Gonzalez McIntyre Ryun (KS) Walsh Coble Johnson (IL) Shows Baca Costello Goode McKeon Sabo Wamp Collins Johnson, Sam Shuster Bachus Cox Goodlatte Meek (FL) Sanchez Watkins (OK) Combest Jones (NC) Simmons Baird Coyne Gordon Meeks (NY) Sawyer Watts (OK) Cooksey Kanjorski Simpson Baker Cramer Goss Menendez Saxton Weiner Costello Keller Skeen Baldacci Crenshaw Graham Mica Schaffer Weldon (FL) Cox Kelly Smith (TX) Ballenger Crowley Granger Miller, Dan Schiff Weldon (PA) Cramer Kerns Souder Barcia Cubin Graves Miller, Gary Schrock Weller Crenshaw King (NY) Stearns Barr Culberson Green (TX) Miller, Jeff Scott Wexler Cubin Kingston Stenholm Barrett Cummings Green (WI) Mollohan Sensenbrenner Whitfield Culberson Kirk Stump Bartlett Cunningham Greenwood Moore Serrano Wicker Cunningham Knollenberg Sullivan Barton Davis (CA) Grucci Moran (KS) Sessions Wilson (NM) Davis (FL) Kolbe Sununu Bass Davis (FL) Gutierrez Moran (VA) Shadegg Wilson (SC) Davis, Jo Ann LaHood Sweeney Bentsen Davis (IL) Gutknecht Morella Shaw Wolf Davis, Tom Latham Tancredo Bereuter Davis, Jo Ann Hall (TX) Murtha Shays Wu Deal LaTourette Tanner Berkley Davis, Tom Hansen Myrick Sherman Wynn Berman Deal Harman DeLay Lewis (CA) Tauzin Napolitano Sherwood Young (FL) Berry Delahunt Hart DeMint Lewis (KY) Taylor (MS) Biggert DeLauro Hastings (FL) Diaz-Balart Linder Taylor (NC) NOES—53 Bilirakis DeLay Hastings (WA) Doolittle Lipinski Terry Bishop DeMint Hayes Ackerman Hinchey Neal Doyle LoBiondo Thomas Blagojevich Deutsch Hayworth Baldwin Holt Olver Dreier Lucas (KY) Thornberry Blumenauer Diaz-Balart Hefley Becerra Honda Owens Duncan Lucas (OK) Thune Blunt Dicks Herger Bonior Inslee Paul Dunn Manzullo Tiahrt Boehlert Dooley Hill Capuano Johnson, E. B. Payne Ehlers Mascara Tiberi Boehner Doolittle Hilleary Carson (IN) Jones (OH) Pelosi Ehrlich McCrery Toomey Bonilla Doyle Hilliard Clay Kucinich Rangel Emerson McHugh Turner Bono Dreier Hinojosa Clayton Lee Sanders Condit Lofgren English McInnis Upton Boozman Duncan Hobson Sandlin Conyers Markey Everett McIntyre Vitter Borski Dunn Hoeffel Schakowsky DeFazio McDermott Ferguson McKeon Walden Boswell Edwards Hoekstra Slaughter DeGette McGovern Flake Mica Walsh Boucher Ehlers Holden Dingell McKinney Solis Fletcher Miller, Dan Wamp Boyd Ehrlich Hooley Doggett McNulty Stark Foley Miller, Gary Watkins (OK) Brady (PA) Emerson Horn Farr Meehan Tierney Forbes Miller, Jeff Watts (OK) Brady (TX) Engel Hostettler Waters Brown (FL) English Houghton Fattah Miller, George Fossella Mollohan Weldon (FL) Watt (NC) Brown (OH) Eshoo Hoyer Filner Mink Frelinghuysen Moran (KS) Weldon (PA) Frank Nadler Woolsey Gallegly Murtha Weller Brown (SC) Etheridge Hulshof Ganske Myrick Wexler Bryant Evans Hunter NOT VOTING—19 Gekas Ney Whitfield Burr Everett Hyde Aderholt Kennedy (MN) Riley Gibbons Northup Wicker Buyer Ferguson Isakson Burton Lewis (GA) Roukema Gilchrest Norwood Wilson (NM) Callahan Flake Israel Cannon Millender- Smith (MI) Gillmor Nussle Wilson (SC) Calvert Fletcher Issa Camp Foley Istook Crane McDonald Traficant Gilman Ortiz Wolf Cantor Forbes Jackson (IL) Hall (OH) Nethercutt Watson (CA) Goode Osborne Young (FL) Capito Ford Jefferson Jackson-Lee Ose Waxman Capps Fossella Jenkins (TX) Reyes Young (AK) NOT VOTING—19 Cardin Frelinghuysen John Burton Kennedy (MN) Riley Carson (OK) Frost Johnson (CT) Cannon Lewis (GA) Roukema Castle Gallegly Johnson (IL) b 1749 Crane Millender- Smith (MI) Chabot Ganske Johnson, Sam Davis (IL) McDonald Traficant Chambliss Gekas Jones (NC) Mr. MEEHAN and Ms. SLAUGHTER Hall (OH) Nethercutt Watson (CA) Clement Gephardt Kanjorski changed their vote from ‘‘aye’’ to ‘‘no.’’ Jackson-Lee Ose Waxman (TX) Reyes Young (AK)

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.052 pfrm15 PsN: H09PT1 H2344 CONGRESSIONAL RECORD — HOUSE May 9, 2002 So the amendment, as modified, was spent billions of dollars and lost that powered rifle bullet when it reenters agreed to. money. the atmosphere aimed at an American The result of the vote was announced This bill authorizes $54 million for a city. as above recorded. Boost Program Space-Based Lasers, So we are putting in place an archi- Stated against: which act as interceptors in space, as tecture which is layered, which will Ms. RIVERS. Mr. Chairman, on rollcall No. well as the kinetic physical intercep- give us, hopefully, several shots at 142, I should have voted ‘‘no.’’ I mistakenly tors. This space-based interceptor has these missiles as they progress toward voted ‘‘yea.’’ gone through two iterations already. either our troops in theater or the The CHAIRMAN. It is now in order to They are behind schedule and over United States of America and our cit- consider amendment No. 4 printed in budget. Testing for this space-based ies. We have to have space assets to be part A of House Report 107–450. laser system has been pushed back in- able to intercept those incoming mis- PART A AMENDMENT NO. 4 OFFERED BY MR. definitely. And that is just the testing siles. TIERNEY for the system. Nobody can even pre- Now, one thing we have seen in this Mr. TIERNEY. Mr. Chairman, I offer dict when such a space-based system debate today is what I would call the an amendment. might actually be deployed. new imposition of Marquis of The CHAIRMAN. The Clerk will des- How does continued funding for this Queensbury rules on our side. We just ignate the amendment. program serve us towards a more agile had an amendment in which the other The text of the amendment is as fol- force? We should not repeat the past people may drive an airplane into an lows: errors, like Safeguard, which was the American tower and destroy thousands Part A amendment No. 4 offered by Mr. first stab at a failed missile defense of American civilians, but it is against TIERNEY: space wars system in the 1970s. Rushing the rules for us to go after their leader- At the end of subtitle C of title II (page 49, to fund an untested program with the ship if they are buried deep under- after line 17), insert the following new sec- questionable capabilities of this one ground and we use a nuclear pene- tion: makes no sense. It jeopardizes stra- trator. That is not Marquis of SEC. 234. PROHIBITION ON USE OF FUNDS FOR SPACE-BASED NATIONAL MISSILE tegic judgment and wastes our much- Queensbury rules. And no matter what DEFENSE PROGRAM. needed money. the other side does, we must play by No funds appropriated for fiscal year 2003 At the very least, we should be the Marquis of Queensbury rules. for the Department of Defense may be used alarmed that we are not taking the Well, we are already in space. It does for a space-based national missile defense time as a Nation to have a thoughtful not make any sense to have a very program. dialogue on this and the ramifications broadly worded amendment that, if we The CHAIRMAN. Pursuant to House of this national missile defense system. take it literally, would ban the very Resolution 415, the gentleman from There are billions in this budget that systems that we are testing right now. Massachusetts (Mr. TIERNEY) and a have little to do with our priority real- There is another aspect of this, and Member opposed each will control 10 istic threats to our security. This Star that is this: we had the predator over minutes. Wars program is but one small part of in Afghanistan, and the predator is our The Chair recognizes the gentleman that. unmanned aircraft. And from that air- from Massachusetts (Mr. TIERNEY). Mr. Chairman, I reserve the balance craft we take certain recon capability, Mr. TIERNEY. Mr. Chairman, I yield of my time. certain sensors, and we target the myself such time as I may consume. Mr. HUNTER. Mr. Chairman, I rise in enemy. And then we use another plat- It is clear from the size of this De- opposition to the amendment. form, whether it is from a ship or a partment of Defense budget, including The CHAIRMAN. The gentleman plane or a land-based unit, to hit that the $48 billion-or-so increase, that the from California is recognized for 10 enemy that was targeted by the pred- administration and others here are minutes. ator. And our war-fighting com- using the circumstances of our involve- Mr. HUNTER. Mr. Chairman, I yield manders, who were trying to win the ment in Afghanistan and the cir- myself such time as I may consume. war over there, with as few Americans cumstances of September 11 to put My colleagues, we are in space. We as possible being killed, said this: They money into this budget for all manner are in space in a way that is inex- said, maybe we should just use that of programs whether or not they deal tricably linked with not only our mis- airborne unit up there. Instead of just with priority threats to this country sile defense system but almost all of using that for information and relaying now and here. our systems. that information to the ground, why do Every Member of this body is con- If we take a look at the architecture we not just put a hell fire missile on cerned and wants the best defense pos- for our space systems, we have in space that particular UAV and go ahead and sible for this country. We all want sup- literally everything from weather and strike the enemy with the UAV? In port for the men and women who serve. the environment, to navigation, to sur- other words, let us use this recon unit We want fair pay, decent housing, veillance and reconnaissance, to mis- for both a reconnaissance and for the working weapons. We are collectively sile warning, to communications. The attack shot. concerned with the security of this successful intercepts that we have So we are becoming more efficient in country, and we need to be certain we made now out of the Kwajalein Test the way we use technology. So the idea allocate our limited resources toward Range took place 148 miles above the that we have to play by some obscure programs that target those threats and surface of the Earth. Marquis of Queensbury rules that says risks which are the most likely to en- I want to read the amendment of my we cannot use space to stop a missile danger us now and in the near future. friend, the gentleman from Massachu- that may be incoming to an American This amendment then focuses on just setts (Mr. TIERNEY): ‘‘No funds appro- city does not make any sense. that. It is to make the point that this priated for fiscal year 2003 for the De- So I would just urge all Members to bill is a repository for already-repudi- partment of Defense may be used for a vote against this amendment. This is a ated programs, some of which our own space-based national missile defense dangerous amendment. If taken lit- Secretary of Defense is surprised to program.’’ erally, it freezes our present programs still see in this bill. The amendment Now, in the first place, we simply in place. does it by prohibiting the Department have a missile defense program, not a Mr. Chairman, I reserve the balance of Defense from using funds this fiscal national missile versus a theater mis- of my time. year for space-based national missile sile defense program, because we are MOTION TO RISE OFFERED BY MR. TAYLOR OF defense, or Star Wars. Not sea based, now dealing with a number of missiles MISSISSIPPI not air based, not land based, not com- which have varying rates of speed and Mr. TAYLOR of Mississippi. Mr. ponents of any of those. We should de- distances. For example, we have the Chairman, I move that the Committee bate those matters. But this amend- old Model T scud that goes fairly slow- do now rise. ment focuses on space-based, or Star ly, several hundred miles, all the way The CHAIRMAN. The question is on Wars, programs, the same concept up to the fast-moving ICBM that will the motion to rise offered by the gen- which was here before, on which we go several times the speed of a high- tleman from Mississippi (Mr. TAYLOR).

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.122 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2345 The question was taken; and the LoBiondo Petri Skelton Mr. TIERNEY. Mr. Chairman, will Lofgren Phelps Smith (MI) Chairman announced that the noes ap- Lowey Pickering Smith (NJ) the gentleman yield? peared to have it. Lucas (KY) Pitts Smith (TX) Mr. SPRATT. I yield to the gen- RECORDED VOTE Lucas (OK) Platts Smith (WA) tleman from Massachusetts. Luther Pombo Snyder Mr. TIERNEY. No, the amendment Mr. TAYLOR of Mississippi. Mr. Maloney (CT) Pomeroy Spratt Chairman, I demand a recorded vote. Maloney (NY) Portman Stearns does not affect space-based sensors. It A recorded vote was ordered. Manzullo Price (NC) Stenholm only affects space-based interceptors. The vote was taken by electronic de- Mascara Pryce (OH) Strickland Mr. SPRATT. So, specifically, your Matheson Putnam Stupak amendment would not prohibit or af- vice, and there were—ayes 46, noes 356, Matsui Quinn Sullivan not voting 32, as follows: McCarthy (MO) Radanovich Sununu fect funding for what we call SBIRS- McCarthy (NY) Rahall Sweeney High, space-based infrared sensors, [Roll No 143] McCollum Ramstad Tancredo SBIRS-High or SBIRS-Low sensor pro- AYES—46 McCrery Rangel Tauscher McHugh Regula Tauzin grams like this? Abercrombie Frank Oberstar McInnis Rehberg Taylor (NC) Mr. TIERNEY. The gentleman is cor- Baldwin Hill Olver McKeon Reynolds Terry Berry Holt rect. Pelosi McKinney Rivers Thomas Blumenauer Honda Mr. SPRATT. I thank the gentleman Rush McNulty Rodriguez Thompson (CA) Bonior Jefferson Shows Meehan Roemer Thompson (MS) for these clarifications. Therefore, the Boyd Johnson, E. B. Slaughter Meeks (NY) Rogers (KY) Thornberry gentleman’s amendment would pro- Brady (PA) Jones (OH) Solis Menendez Rogers (MI) Thune Capuano Larson (CT) hibit funding for the space-based bal- Stark Mica Rohrabacher Thurman Condit Lee listic missile defense interceptors, $54 Tanner Miller, Dan Ros-Lehtinen Tiahrt Conyers Lynch Taylor (MS) Miller, Gary Ross Tiberi million is requested, but it would not Davis (IL) Markey Towns Miller, Jeff Rothman Tierney affect sensors at all. DeGette McDermott Mollohan Roybal-Allard Toomey Dicks McGovern Waters Mr. TIERNEY. The gentleman is cor- Moore Royce Turner Dingell McIntyre Weiner Moran (KS) Ryan (WI) Udall (CO) rect. Doggett Miller, George Wu Moran (VA) Ryun (KS) Udall (NM) Mr. SPRATT. I thank the gentleman Filner Mink Morella Sabo Upton for the clarification. The space-based NOES—356 Myrick Sanchez Velazquez interceptor, as some know, has gone Nadler Sandlin Visclosky Ackerman Cubin Hastings (FL) Napolitano Sawyer Vitter through a couple of iterations, both of Aderholt Culberson Hastings (WA) Neal Saxton Walden which have eventually been discarded. Akin Cummings Hayes Northup Schaffer Walsh I think the Missile Defense Agency has Allen Cunningham Hayworth Norwood Schakowsky Wamp Andrews Davis (CA) Hefley Nussle Schiff Watkins (OK) already a full plate. It ought to stay fo- Armey Davis (FL) Herger Obey Schrock Watt (NC) cused on ground-based and ship-based Baca Davis, Jo Ann Hilleary Ortiz Scott Watts (OK) interceptors. For that reason, with this Bachus Davis, Tom Hilliard Osborne Sensenbrenner Weldon (FL) clarification, I can support the amend- Baird Deal Hinchey Otter Serrano Weldon (PA) Baker DeFazio Hinojosa Owens Sessions Weller ment. Baldacci DeLauro Hobson Oxley Shadegg Wexler Mr. HUNTER. Mr. Chairman, I yield Barcia DeLay Hoeffel Pallone Shaw Whitfield myself 30 seconds. Barr DeMint Hoekstra Pascrell Shays Wicker The problem here is we are not deal- Barrett Deutsch Holden Pastor Sherman Wilson (NM) Bartlett Dooley Hooley Paul Sherwood Wilson (SC) ing with the amendment as the gen- Barton Doolittle Horn Payne Shimkus Wolf tleman from Massachusetts would re- Bass Doyle Hostettler Pence Shuster Woolsey write it. We are dealing with the Becerra Dreier Houghton Peterson (MN) Simmons Wynn Bereuter Duncan Hoyer Peterson (PA) Skeen Young (AK) amendment as it is written, because Berkley Dunn Hulshof that is the amendment that is going to Biggert Edwards Hunter NOT VOTING—32 be dealt with by DOD lawyers. It says, Bilirakis Ehlers Hyde Ballenger Hansen Reyes ‘‘No funds appropriated for fiscal year Bishop Ehrlich Inslee Bentsen Kennedy (MN) Riley Blagojevich Emerson Isakson Berman Lewis (GA) Roukema 2003 for the Department of Defense may Blunt Engel Israel Boucher Lipinski Sanders be used for a space-based national de- Boehlert English Issa Burton Meek (FL) Simpson Boehner Eshoo Istook fense missile program.’’ Cannon Millender- Souder The point is we have to deal with the Bonilla Etheridge Jackson (IL) Crane McDonald Stump Bono Evans Jackson-Lee Delahunt Murtha Traficant law as it is written, not as he would re- Boozman Everett (TX) Diaz-Balart Nethercutt Watson (CA) write it. If he is going to rewrite it, I Borski Farr Jenkins Greenwood Ney Waxman would recommend he come back next Boswell Fattah John Hall (OH) Ose Young (FL) Brady (TX) Ferguson Johnson (CT) year with another text. This thing Brown (FL) Flake Johnson (IL) b 1826 would basically put a freeze on the pro- Brown (OH) Fletcher Johnson, Sam Brown (SC) Foley Jones (NC) Ms. LOFGREN, Mr. BEREUTER and grams that we have right now. Bryant Forbes Kanjorski Mr. CRAMER changed their vote from Mr. TIERNEY. Mr. Chairman, I yield Burr Ford Kaptur ‘‘aye’’ to ‘‘no.’’ 1 minute to the gentleman from Texas Buyer Fossella Keller (Mr. DOGGETT). Callahan Frelinghuysen Kelly So the motion was rejected. Calvert Frost Kennedy (RI) The result of the vote was announced Mr. DOGGETT. Mr. Chairman, space- Camp Gallegly Kerns as above recorded. based missile defense is the true faith- Cantor Ganske Kildee Mr. TIERNEY. Mr. Chairman, I yield based initiative because it takes a Capito Gekas Kilpatrick mighty big leap of faith to believe we Capps Gephardt Kind (WI) 1 minute to the gentleman from South Cardin Gibbons King (NY) Carolina (Mr. SPRATT). can master the technology, distinguish Carson (IN) Gilchrest Kingston Mr. SPRATT. Mr. Chairman, I would the decoys and achieve perfection. Carson (OK) Gillmor Kirk like to engage the gentleman from Of course, in the real world this Castle Gilman Kleczka Chabot Gonzalez Knollenberg Massachusetts in a colloquy about his spacey shield idea has been rather hit Chambliss Goode Kolbe amendment. or miss, mostly miss, since you need Clay Goodlatte Kucinich The gentleman from California was perfect weather and a honing beacon on Clayton Gordon LaFalce just showing us a number of space- the incoming missile for it to work. Clement Goss LaHood Clyburn Graham Lampson based systems, satellites and sensors, But the experience never seems to faze Coble Granger Langevin that are in one way or another con- those who have seen so many Star Collins Graves Lantos nected with ballistic missile defense. Wars sequels that they abide by the Combest Green (TX) Larsen (WA) Cooksey Green (WI) Latham Is it the gentleman’s intention in questionable principle, ‘‘build it and it Costello Grucci LaTourette this amendment to prohibit funding for will work.’’ I prefer the wisdom of Dr. Cox Gutierrez Leach space-based sensors that are instru- Steven Weinberg, a Nobel Prize-win- Coyne Gutknecht Levin mental to the airborne laser and ning physicist at the University of Cramer Hall (TX) Lewis (CA) Crenshaw Harman Lewis (KY) ground-based and sea-based ballistic Texas, who says this system will Crowley Hart Linder missile defense systems? ‘‘worsen our security’’, and that of

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.125 pfrm15 PsN: H09PT1 H2346 CONGRESSIONAL RECORD — HOUSE May 9, 2002 former Defense Secretary William could in fact end the only joint pro- Mr. TIERNEY. Mr. Chairman, I am Perry, who warned that ‘‘a relatively gram we have with Russia. Does the told the gentleman is like that all the small deployment of defensive systems gentleman know about the RAMOS time, so I will not carry on, except to could have the effect of triggering a program which the Russians proposed note that the chief investigator of the considerable nuclear arms race.’’ that we do, which Carl Levin on the director of Operations, Testing and If terrorism is now our greatest Senate side led the fight to restore? Evaluation has said that the deploy- threat, if we have learned anything That program is 2 satellites. Under the ment of this is so far into the future, it from September 11, we know an ICBM gentleman’s amendment, we cut the is beyond the horizon. is not the most likely way to wreak funding for the RAMOS program be- Mr. Chairman, I yield 1 minute to the devastation and that putting so many cause, heaven forbid, satellites are in gentleman from Ohio (Mr. KUCINICH). more taxpayers’ dollars in this one space. Mr. KUCINICH. Actually, Mr. Chair- NMD basket makes so little security But wait a minute. What about all of man, there are some people who believe sense. my colleagues here who care about that the world does have the possi- We can spend billions trying to build a Israel’s security? We funded with our bility to live in peace and that the in- shield to blunt every sword or we can invest money the Arrow program. We spent strumentalities of violence will eventu- our resources and diplomacy more wisely to almost $500 million on Arrow, the most ally give way to human reason and keep the sword, or missile from ever being successful missile defense program op- that our ability to talk to each other drawn. erating today. as human beings may be the basis for Well, guess what? Maybe the gen- peace in the world as opposed to b 1830 tleman does not know this, but we are weaponizing space. Mr. TIERNEY. Mr. Chairman, I yield now retrofitting Arrow so it can inter- The gentleman’s amendment is well 1 minute to the gentleman from Maine act with our systems. So what the gen- taken because, according to an Air (Mr. ALLEN). tleman wants to say is no more na- Force briefing, the space-based laser is Mr. ALLEN. Mr. Chairman, I thank tional missile defense. being contemplated for anti-satellite the gentleman for yielding me this Well, guess what? To Israel, Arrow is missions, denying access to space, dis- time. their national missile defense, and we rupting satellite communications, Mr. Chairman, I rise in support of the funded it. knocking out high altitude aircraft, or Tierney amendment to ban spending on So the fact is that while the gen- unmanned aerial vehicles. These mis- space-based national missile defense tleman may have wanted to end one sions go far beyond intercepting mis- systems in fiscal year 2003. Before fund- specific program, the amendment is so siles, and they echo the Quadrennial vague that it applies to everything, ing space-based weapons, we should Defense Review’s call for the United and it really does not make any sense. have a consensus on the wisdom of States to exploit space for military It really was designed for a Ronald space-based warfare and today there is purposes, and the Air Force’s wish in a Reagan-era debate when Stars Wars no such consensus. Joint Vision 20/20 document for full could be used like Darth Vader, that The Missile Defense Agency has re- spectrum dominance in space. quested $35 million to do R&D on a somehow we were advocating some ob- What colossal arrogance it is to as- space-based laser which has not com- scene process to start war in space. sume that we can seize the high heav- That is not the case. pleted concept definition and was ens and control the world through We have a very deliberate program killed by the House Committee on Ap- space. Yes, work for peace on earth, that has been supported by Democrats propriations last year. The administra- and Republicans because we have con- and when we do that, we will not have tion wants to resurrect space-based ki- fidence, perhaps more than ever, in the to worry about a later generation cre- netic interceptors to shoot down mis- director of our Missile Defense Agency. ating peace in space. siles in the boost phase. This approach Mr. HUNTER. Mr. Chairman, I yield General Kadish is respected by Demo- has been tried and rejected twice be- myself such time as I may consume to crats and Republicans for giving us a fore on technological and cost grounds. just remind my colleagues that when thoughtful, interconnected, multi-lay- The Missile Defense Agency should ered approach to missile defense. There we are considering this amendment and focus on getting the most mature sys- is no more national missile defense. It we consider all of the things that our tems like PAC 3 and THAAD to the does not exist. It is no longer a term military uses that are space-based field to protect our troops, not to in- used in the jargon. To say somehow we right now, right from a marine platoon vest in systems that will make outer are going to end it is a misnomer. leader’s GPS, it tells him where he is, space the next battlefield. In terms of space, if we ended the to the recon satellites that we have to, Mr. Chairman, I urge support for the space assets, whether it is airborne or yes, the cueing system that we are Tierney amendment. higher, we would basically end a whole going to have to hopefully be able to Mr. HUNTER. Mr. Chairman, I yield ton of programs that are now under intercept missiles before they impact 31⁄2 minutes to the gentleman from way, and we would deny eventually the our cities, I think we are going to come Pennsylvania (Mr. WELDON). ability of Israel to do what she is going to the conclusion that the American (Mr. WELDON of Pennsylvania asked to have to do. We cannot have it both people do not have too much tolerance and was given permission to revise and ways on this debate. If my colleagues for the argument that is being put for- extend his remarks.) want to defend the people of Israel ward. Mr. WELDON of Pennsylvania. Mr. against the Shahab III missile from There are no people in space. There Chairman, this is a 1980s amendment; Iran, which is there today, Israel can- are people in those towers that got hit Ronald Reagan was President. The not shoot that missile down mid- by those incoming planes. If we ask the term ‘‘Stars Wars’’ is again resur- stream. Because like the Patriot, it American people would you accept a recting itself. It has no relevancy to will rain on the people. Israel needs to space-based system that might have what we are doing today. This is not a take down that Scud missile when it is protected the Twin Towers, they prob- discussion of whether or not we are launched. We cannot do that without ably would say yes. We do not care if going to deploy a strategic defense ini- assets that allow us to take it out in we are violating the Marquis of tiative. That discussion is over; it the boost phase. That is going to even- Queensbury rules by somehow using as- ended in the 1980s and 1990s. There is no tually require some type of space-based sets that are in space. So this is an ar- national missile defense, so the amend- assets. gument that I think should be given ment is not relative. So we are having a debate for the short shrift by the American people. In fact, if we take this amendment, it 1980s. Let us all join hands and sing We are in space, other nations are in is so poorly worded, which is why the peace songs and let us all hug each space, and the idea that we are going gentleman from South Carolina (Mr. other and say we are all for peace, but to take from General Kadish, who SPRATT) had to get clarification, be- this amendment is absolutely out- Democrats and Republicans trust and cause even he has concerns, but to get rageous. I encourage my colleagues to feel is a good steward of this program, clarification, he is trying to qualify vote no, and let us sing Kumbaya to- the idea that we are going to take one some things. It is so poorly worded we gether in voting no. of his options that he has laid out to

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.132 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2347 test, we are going to move it off of the lions of dollars? I believe the answer is terribly weak and we have to spend all table because we want to impose our no. Not now, and not in the future. of these billions. That is totally at judgment in place of his judgment is Today we do face some very real variance with the reality of a very not a good thing. threats. Warnings are issued on a reg- strong America, and the need to spend We have given him this set of op- ular basis of possible terrorist attacks. these additional billions on these ill- tions. We have let him pick them. We Interceptors from space are not going thought-out programs does not exist. are going to let him go through with to help us. We need better intelligence Mr. SKELTON. Mr. Chairman, I move the test. We have a robust testing to intercept phone conversations and to strike the last word. schedule ahead of us. He is going to shoe bombs and biological weapons at Mr. Chairman, during the testimony throw the losers out and reward the our airports, seaports, trains and high- when General Eberhardt was before our winners by trying to get something ways. committee, and a question was put to that can stop incoming ballistic mis- Long-range, weaponizing space, him as to what is of utmost importance siles in the next 4 to 5 years. That is a bringing weapons into another dimen- for the future, his answer was what we good goal. We should leave this pack- sion, is not a formula for security. call SBIRS, Space-Based Infrared Sys- age that he has intact. Let us let him Rather, as the Union of Concerned Sci- tem. entists contend, such a move desta- make some decisions and let us let b 1845 General Kadish have some discretion. bilizes arms control as we know it. Please vote no on this. The only Stars Wars any Members of I think that is very, very important Mr. TIERNEY. Mr. Chairman, it is this Congress should see will be at a to the defense of our country, based Mr. Kadish’s plans, which the director theater near you on May 16. I strongly upon General Eberhardt’s comments to of Operations, Testing and Evaluation urge a yes vote on the Tierney amend- us that day. said had no testing regime that any- ment. Now, based upon the colloquy be- body could trust or that would work. Mr. TIERNEY. Mr. Chairman, I yield tween the gentleman from Massachu- Mr. Chairman, I yield 1 minute to the the remaining time to the gentleman setts (Mr. TIERNEY) and the gentleman gentleman from New Jersey (Mr. from Massachusetts (Mr. FRANK). from South Carolina (Mr. SPRATT), it is HOLT). Mr. FRANK. Mr. Chairman, I con- apparent that the SBIRS, or the space- (Mr. HOLT asked and was given per- gratulate the gentleman from Cali- based infrared systems, are exempt mission to revise and extend his re- fornia on his debating tactic. He has from the language and the intent of marks.) me focused on how that space-based in- this amendment, which allows me, Mr. HOLT. Mr. Chairman, while terceptor was going to stop the attack based upon that, to support this there are many things in the defense on the World Trade Center when no one amendment. authorization bill that I support, na- knew the attack was coming. Maybe it Mr. ROEMER. Mr. Chairman, will the tional missile defense is not one of has psychic powers. So I do not know gentleman yield? them, and the gentleman from Massa- what else I am supposed to talk about. Mr. SKELTON. I yield to the gen- chusetts is seeking to eliminate one of Except I would note that I was tleman from Indiana. the more senseless parts of the sup- struck, when forced to defend this no- (Mr. ROEMER asked and was given posed national missile defense system. tion of a space-based system, we are permission to revise and extend his re- The proposed missile defense system told that it is for Israel. I have to say, marks.) would not work as designed, as wishing in addition to all of Israel’s other prob- Mr. ROEMER. Mr. Chairman, I thank will not overcome the physics. It could lems, getting schlepped into every de- my good friend, the gentleman from be confused with the decoys, it could be fense debate when my colleagues are Missouri, for yielding to me. bypassed for suitcase bombs, pickup short of an argument seems to me an I want to start by applauding my trucks, sea-launched missiles. It would unnecessary burden on them. Yes, peo- friend, the gentleman from California be billions of dollars down the drain. ple are prepared to deal with the Arrow (Mr. HUNTER); my friend, the gen- But it is not just a diversion of re- and support the Arrow. tleman from Pennsylvania (Mr. sources. It is worse than a waste. Sim- As to the gentleman’s amendment, it WELDON), and this side of the aisle for ple strategic analysis tells us that pro- is not perfectly worded because of the putting together a good bill that I rise vocative yet permeable defenses are de- process we have. He had another in strong support of. stabilizing and would reduce our secu- amendment, a very specific amend- I rise in strong support of the ability rity. ment that the Committee on Rules of the gentleman from Mississippi (Mr. Americans have been awakened in re- kept out. If we were in a normal situa- TAYLOR) or anybody else in this body cent months to threats to our national tion, we could have amended the to stand up and offer motions to ad- security and they understand that a amendment. It is clear what is in- journ because they have not had the space-based missile defense will not tended. If this amendment passes and opportunity to offer an important help. Americans have learned in recent goes to conference, the colloquy will be amendment. months that we need anthrax defense, carried out. I rise in strong support, Mr. Chair- we need container ship defense, we The question is this: Everywhere but man, of the principles in this great need bridge and tunnel defense. We do on the floor of the House, people on the House of free debate and free speech on not need space-based national missile other side talk about how we are going a bill that has been on this floor in the defense. to have these space-based interceptors past for 2 and 3 weeks, yet somehow we The CHAIRMAN. The gentleman that are going to come down and prob- want to get it through in hours today. from California (Mr. HUNTER) has 15 ably knock down the planes at the There are very many important seconds remaining. The gentleman World Trade Center when we did not amendments that were denied the pos- from Massachusetts (Mr. TIERNEY) has know there were planes that we should sibility of being debated in the Com- 21⁄2 minutes remaining. have been going after, and do all of mittee on Rules on this floor. Why is Mr. TIERNEY. Mr. Chairman, I yield these other things. The fact is that we that important? Back in 1969, a man by 1 minute to the gentlewoman from Illi- do not believe that putting billions and the name of Robert Wilson, the first di- nois (Ms. SCHAKOWSKY). billions of dollars, when we are already rector of the Fermilab, a particle phys- Ms. SCHAKOWSKY. Mr. Chairman, I underfunding all manner of other prior- ics facility, was asked to testify before rise in support of the Tierney amend- ities, into a space-based system makes Congress. ment to prohibit the Bush administra- sense. Congress asked him, What does your tion from spending taxpayer dollars on I have heard people say if we do not testimony and your lab have to do with a space-based, 21st century version of a do this, we are going to encounter a the defense of this country? And here is Stars Wars missile defense system. space-based Pearl Harbor. Well, fortu- what he said: ‘‘This new knowledge has The simple question we should al- nately, there is no space-based Japan all to do with honor and country, but it ways ask is does this system make us of 1941. We have it to ourselves. has nothing to do directly with defend- safer? Are my children and my grand- Finally, I want to say, Mr. Chairman, ing our country, except to make it children safer if we spend these mil- time and again we are told America is worth defending.’’

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.134 pfrm15 PsN: H09PT1 H2348 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Now, ‘‘make it worth defending’’ is MOTION TO RISE OFFERED BY MR. TAYLOR OF Kanjorski Neal Shadegg MISSISSIPPI Kaptur Ney Shaw when we can have the amendment of Keller Northup Shays the gentleman from Mississippi (Mr. Mr. TAYLOR of Mississippi. Mr. Kelly Norwood Sherman TAYLOR) on base closure debated on the Chairman, I move that the Committee Kennedy (RI) Nussle Sherwood floor; when we can have a Crusader do now rise. Kerns Obey Shimkus Kildee Ortiz Shuster missile amendment, which even the The CHAIRMAN. The question is on Kilpatrick Osborne Simmons Secretary of the Defense Department the motion to rise offered by the gen- Kind (WI) Otter Simpson wants to eliminate, debated on this tleman from Mississippi (Mr. TAYLOR). King (NY) Owens Skeen The question was taken; and the Kingston Pallone Skelton floor. That is in the best interests of Kirk Pascrell Smith (MI) this country. Chairman announced that the noes ap- Kleczka Pastor Smith (NJ) The Secretary of Defense has said we peared to have it. Knollenberg Paul Smith (TX) Kolbe Payne Smith (WA) RECORDED VOTE can save the taxpayer $11 billion, yet Kucinich Pence Snyder the Committee on Rules, run by the Mr. TAYLOR of Mississippi. Mr. LaFalce Peterson (MN) Souder Republican Party, said they are going Chairman, I demand a recorded vote. LaHood Peterson (PA) Spratt to deny five different amendments the A recorded vote was ordered. Lampson Petri Stearns Langevin Phelps Stenholm opportunity to be debated on this floor. The vote was taken by electronic de- Lantos Pickering Strickland Mr. Chairman, when those terrorists vice, and there were—ayes 48, noes 356, Larsen (WA) Pitts Stump attacked our country in New York City not voting 30, as follows: Latham Platts Sullivan LaTourette Pombo Sununu and at the Pentagon, they attacked [Roll No. 144] Leach Pomeroy Sweeney more than our people and more than AYES—48 Levin Portman Tancredo Lewis (CA) Price (NC) Tauscher our buildings. They attacked the prin- Abercrombie Frank Miller, George Lewis (KY) Pryce (OH) Tauzin Baldwin Hastings (FL) Mink ciples of free speech. They attacked Linder Putnam Taylor (NC) Berry Hill Oberstar what we stand for in this country. Lipinski Quinn Terry Blumenauer Hinchey Olver LoBiondo Radanovich Thompson (CA) Let us not let the people’s House Bonior Holt Pelosi Lofgren Rahall Thompson (MS) Boyd Honda Schakowsky deny the people of this great House the Lowey Ramstad Thornberry Brady (PA) Jefferson Shows opportunity to offer their amendments. Lucas (KY) Rangel Thune Capuano Johnson, E. B. Slaughter Lucas (OK) Regula Thurman Let us let the gentleman from Mis- Clay Larson (CT) Solis Luther Rehberg Tiahrt sissippi (Mr. TAYLOR) offer that amend- Condit Lee Stark Maloney (CT) Reynolds Tiberi Conyers Lynch Tanner ment, and let us give the taxpayer the Manzullo Rivers Toomey DeGette Maloney (NY) Taylor (MS) opportunity for an amendment to save Mascara Rodriguez Turner Delahunt Markey Towns Matheson Roemer Udall (CO) $11 billion. Dingell McDermott Waters Matsui Rogers (KY) Udall (NM) Doggett McGovern Watt (NC) Mr. SKELTON. In conclusion, Mr. McCarthy (MO) Rogers (MI) Upton Filner McIntyre Wu Chairman, I again reiterate, based McCarthy (NY) Rohrabacher Velazquez upon the colloquy between the gen- NOES—356 McCollum Ros-Lehtinen Visclosky McHugh Ross Vitter tleman from South Carolina (Mr. Ackerman Clyburn Gephardt McInnis Rothman Walden SPRATT) and the gentleman from Mas- Aderholt Coble Gibbons McKeon Roybal-Allard Walsh Akin Collins Gilchrest sachusetts (Mr. TIERNEY) and those McKinney Royce Wamp Allen Combest Gillmor McNulty Rush Watkins (OK) concerned about the future of the Andrews Cooksey Gilman Meehan Ryan (WI) Watts (OK) SBIRS system, I can fully support the Armey Costello Gonzalez Meek (FL) Ryun (KS) Weiner amendment. Baca Cox Goode Meeks (NY) Sabo Weldon (FL) Bachus Coyne Goodlatte Menendez Sanchez Weldon (PA) Mr. HUNTER. Mr. Chairman, I yield Baird Cramer Gordon Mica Sanders Weller myself the balance of my time. Baker Crenshaw Goss Miller, Dan Sandlin Wexler Just to conclude, Mr. Chairman, this Baldacci Crowley Graham Miller, Gary Sawyer Whitfield Ballenger Cubin Granger Miller, Jeff Saxton Wicker is a three-sentence amendment. When Barcia Culberson Graves Mollohan Schaffer Wilson (NM) it takes a colloquy to explain what a Barr Cummings Green (TX) Moore Schiff Wilson (SC) three-sentence amendment means, we Barrett Cunningham Green (WI) Moran (KS) Schrock Wolf Barton Davis (CA) Greenwood know we are in trouble. Moran (VA) Scott Woolsey Bass Davis (FL) Grucci Morella Sensenbrenner Wynn This amendment, as it is written, Becerra Davis (IL) Gutierrez Murtha Serrano Young (AK) would freeze our present programs with Bentsen Davis, Jo Ann Gutknecht Myrick Sessions Young (FL) Bereuter Davis, Tom Hall (TX) respect to testing missile defense. Berkley Deal Hansen NOT VOTING—30 Please vote ‘‘no’’ on this amendment. Berman DeFazio Harman Bartlett John Reyes Biggert DeLauro Hart Boehner Kennedy (MN) Riley Ms. WOOLSEY. Mr. Chairman, I rise in Bilirakis DeLay Hastings (WA) Burton Lewis (GA) Roukema strong support of the Tierney amendment. Bishop DeMint Hayes Cannon McCrery Stupak Considering the poor results that recent Blagojevich Deutsch Hayworth Crane Millender- Blunt Diaz-Balart Hefley Thomas N.M.D. tests have had, it’s mind-boggling that Dooley McDonald Tierney Boehlert Dicks Herger English Nadler funding for a national missile defense system Bonilla Doolittle Hilliard Traficant Gallegly Napolitano Watson (CA) is still being debated. Bono Doyle Hobson Hall (OH) Nethercutt Waxman Since 1940, the U.S. has spent $5.8 trillion Boozman Dreier Hoeffel Hilleary Ose Borski Duncan Hoekstra Hinojosa Oxley dollars on nuclear weapons programs . . . Boswell Dunn Holden more than on any other single program, ex- Boucher Edwards Hooley cept Social Security! The U.S. has already Brady (TX) Ehlers Horn b 1917 Brown (FL) Ehrlich Hostettler spent more than $100 billion on missile de- Brown (OH) Emerson Houghton Ms. McCOLLUM and Messrs. WYNN, fenses with little to show—so why do we keep Brown (SC) Engel Hoyer BRADY of Texas and Kingston changed throwing good money after bad? Bryant Eshoo Hulshof their vote from ‘‘aye’’ to ‘‘no.’’ Burr Etheridge Hunter Mr. Chairman, where are our priorities? In- Buyer Evans Hyde So the motion to rise was rejected. stead of investing in missile defense pro- Callahan Everett Inslee The result of the vote was announced grams—we should be spending our scarce fi- Calvert Farr Isakson as aboved recorded. nancial resources on our real domestic needs Camp Fattah Israel Cantor Ferguson Issa PART A AMENDMENT NO. 4 OFFERED BY MR. . . . like our children’s education; our seniors, Capito Flake Istook TIERNEY and their health care; our families and their fi- Capps Fletcher Jackson (IL) The CHAIRMAN. The question is on nancial security. Cardin Foley Jackson-Lee Carson (IN) Forbes (TX) the amendment offered by the gen- If this Congress wants to really increase Carson (OK) Ford Jenkins tleman from Massachusetts (Mr. U.S. security, we must invest in people, not Castle Fossella Johnson (CT) TIERNEY). weapons. Chabot Frelinghuysen Johnson (IL) The question was taken; and the Chambliss Frost Johnson, Sam I urge my colleagues to support the Tierney Clayton Ganske Jones (NC) Chairman announced that the noes ap- amendment. Clement Gekas Jones (OH) peared to have it.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.137 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2349

RECORDED VOTE Grucci McCarthy (NY) Sensenbrenner (b) INCREASE FOR ISRAELI ARROW PRO- Mr. TIERNEY. Mr. Chairman, I de- Gutknecht McHugh Sessions GRAM.—The amount provided in section Hall (TX) McInnis Shadegg 201(4) for research, development, test, and mand a recorded vote. Hansen McIntyre Shaw Harman McKeon evaluation, Defense-wide, is hereby increased A recorded vote was ordered. Shays by $70,000,000, to be available within program The vote was taken by electronic de- Hart Mica Shimkus Hastings (WA) Miller, Dan Shows element 0603881C, Terminal Defense vice, and there were—ayes 159, noes 253, Hayes Miller, Gary Shuster Segement, only for the Israeli Arrow Bal- not voting 22, as follows: Hayworth Miller, Jeff Simmons listic Missile System program. Hefley Mollohan Simpson (c) CORRESPONDING REDUCTION.—The [Roll No. 145] Herger Moran (KS) Skeen amount provided in section 201(4) for re- Hilleary Moran (VA) AYES—159 Smith (MI) search, development, test, and evaluation, Hobson Morella Abercrombie Hastings (FL) Neal Smith (NJ) Hoekstra Murtha Defense-wide, is hereby reduced by Allen Hill Oberstar Smith (TX) Holden Myrick $135,000,000, to be derived from amounts for Baca Hilliard Obey Horn Ney Smith (WA) the Missile Defense Agency for program ele- Baird Hinchey Olver Hostettler Northup Snyder Baldacci Hinojosa ment 0603883C, Boost Defense Segment, of Owens Houghton Norwood Souder Baldwin Hoeffel which— Pallone Hulshof Nussle Stearns Barrett Holt (1) $54,393,000 shall be derived from project Pascrell Hunter Ortiz Stenholm Becerra Honda 4040, Space-Based Boost; Pastor Hyde Osborne Stump Bentsen Hooley Payne Isakson Otter Sullivan (2) $24,810,000 shall be derived from project Berkley Hoyer Pelosi Israel Oxley Sununu 4043, Space-Based Laser; and Berman Inslee Price (NC) Issa Paul Sweeney (3) $55,797,000 shall be derived from project Blumenauer Jackson (IL) Rahall Istook Pence Tancredo Bonior Jackson-Lee 4020, Sea-Based Boost. Rangel Jenkins Peterson (MN) Tanner Borski (TX) Rivers Johnson (CT) Peterson (PA) Tauzin The CHAIRMAN. Pursuant to House Boswell Jefferson Johnson (IL) Petri Resolution 415, the gentleman from Boucher Johnson, E. B. Rodriguez Taylor (MS) Johnson, Sam Phelps Brady (PA) Jones (OH) Roemer Taylor (NC) South Carolina (Mr. SPRATT) and a Jones (NC) Pickering Brown (FL) Kanjorski Rothman Terry Member opposed each will control 10 Keller Pitts Brown (OH) Kaptur Roybal-Allard Thornberry Kelly Platts minutes. Capps Kilpatrick Rush Thune Kennedy (RI) Pombo Mr. HUNTER. Mr. Chairman, I rise in Capuano Kind (WI) Sabo Tiahrt Kerns Pomeroy Cardin Kleczka Sanchez Tiberi opposition to the amendment, until it Kildee Portman Carson (IN) Kucinich Sanders Toomey King (NY) Putnam is amended. Clay LaFalce Sawyer Turner Kingston Quinn The CHAIRMAN. The Chair recog- Clayton Lampson Schakowsky Upton Kirk Radanovich Clyburn Langevin Schiff Vitter nizes the gentleman from South Caro- Knollenberg Ramstad Conyers Lantos lina (Mr. SPRATT). Scott Kolbe Regula Walden Coyne Larson (CT) Serrano LaHood Rehberg Walsh Mr. SPRATT. Mr. Chairman, I yield Crowley Leach Sherman Larsen (WA) Reynolds Wamp myself such time as I may consume. Cummings Lee Skelton Latham Rogers (KY) Watkins (OK) Davis (CA) Levin The purpose of this amendment, Mr. Slaughter LaTourette Rogers (MI) Watts (OK) Davis (FL) Lofgren Solis Lewis (CA) Rohrabacher Weldon (FL) Chairman, is to move $135 million with- Davis (IL) Lowey Spratt Lewis (KY) Ros-Lehtinen Weldon (PA) in the ballistic missile defense account. DeFazio Luther Stark Linder Ross Weller DeGette Lynch Not outside it, not away from it, not to Strickland Lipinski Royce Whitfield Delahunt Maloney (NY) take a dime out of the top line, but to Stupak LoBiondo Ryan (WI) Wicker DeLauro Markey Tauscher Lucas (KY) Ryun (KS) Wilson (NM) rearrange $135 million within the $7.8 Dingell Matheson Thompson (CA) Lucas (OK) Sandlin Wilson (SC) billion account in the following man- Doggett Matsui Maloney (CT) Saxton Wolf Doyle McCarthy (MO) Thompson (MS) ner: Manzullo Schaffer Young (AK) Duncan McCollum Thurman First, we would move $65 million into Mascara Schrock Young (FL) Engel McDermott Tierney production of 24 additional PAC–3 mis- Eshoo McGovern Towns NOT VOTING—22 Etheridge McKinney Udall (CO) siles. The PAC–3, the most advanced Boehner Lewis (GA) Riley Evans McNulty Udall (NM) missile, the only missile defense sys- Burton McCrery Farr Meehan Velazquez Roukema Cannon Millender- tem that we will really deploy for near- Fattah Meek (FL) Visclosky Sherwood Crane McDonald ly the next 5 years, is woefully short in Filner Meeks (NY) Waters Thomas Edwards Nethercutt Frank Menendez Watt (NC) Traficant supply at the present time. We could Hall (OH) Ose Frost Miller, George Weiner Watson (CA) very well need it in the near future. John Pryce (OH) Gephardt Mink Wexler Waxman Kennedy (MN) Reyes And so this would move $65 million Gonzalez Moore Woolsey into the PAC–3 line and allow 24 addi- Green (TX) Nadler Wu b 1935 Gutierrez Napolitano Wynn tional PAC–3s to be purchased. So the amendment was rejected. There is an economic effect. By buy- NOES—253 The result of the vote was announced ing more, we buy more efficiently. We Ackerman Calvert Dreier as above recorded. run the plant at a higher and more effi- Aderholt Camp Dunn The CHAIRMAN. It is now in order to Akin Cantor Ehlers cient rate; and as a consequence, these Andrews Capito Ehrlich consider amendment No. 5 printed in 24 missiles will cost nearly $1 million a Armey Carson (OK) Emerson part A of House Report 107–450. copy less than they would otherwise Bachus Castle English PART A AMENDMENT NO. 5 OFFERED BY MR. Baker Chabot Everett cost if we were buying fewer. SPRATT Ballenger Chambliss Ferguson Secondly, this amendment would Barcia Clement Flake Mr. SPRATT. Mr. Chairman, I offer move $70 million out of other accounts Barr Coble Fletcher an amendment. into manufacturing and development Bartlett Collins Foley The CHAIRMAN. The Clerk will des- Barton Combest Forbes for the Arrow missile, which is being Bass Condit Ford ignate the amendment. manufactured at a plant in Alabama, a Bereuter Cooksey Fossella The text of the amendment is as fol- Boeing plant in Alabama. Once again, Berry Costello Frelinghuysen lows: this would provide us with a system Biggert Cox Gallegly Part A Amendment No. 5 offered by Mr. Bilirakis Cramer Ganske which may be needed in the here and Bishop Crenshaw Gekas SPRATT: now, in the near future. This is a sys- At the end of subtitle B of title II (page 45, Blagojevich Cubin Gibbons tem that is ready to go but is not fully Blunt Culberson Gilchrest after line 19), insert the following new sec- Boehlert Cunningham Gillmor tion: funded for production. Bonilla Davis, Jo Ann Gilman SEC. 217. TRANSFER OF FUNDS TO INCREASE Now, where does this money come Bono Davis, Tom Goode AMOUNTS FOR PAC–3 MISSILE PRO- from? Under my amendment, we would Boozman Deal Goodlatte CUREMENT AND ISRAELI ARROW take first of all funds out of space- Boyd DeLay Gordon PROGRAM. Brady (TX) DeMint Goss based interceptors. Mr. Chairman, we (a) INCREASE FOR PAC–3 PROCUREMENT.— Brown (SC) Deutsch Graham The amount provided in section 101 for Mis- have in the past, since the inaugura- Bryant Diaz-Balart Granger tion of SDI in 1983, we have developed Burr Dicks Graves sile Procurement, Army, is hereby increased Buyer Dooley Green (WI) by $65,000,000, to be available for an addi- at least two iterations of a space-based Callahan Doolittle Greenwood tional 24 PAC–3 missiles. kinetic kill interceptor. The original

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.141 pfrm15 PsN: H09PT1 H2350 CONGRESSIONAL RECORD — HOUSE May 9, 2002 space-based interceptor was based on a The CHAIRMAN. The Clerk will des- money around and decide where he is satellite. A number of different inter- ignate the amendment offered as a sub- going to take the money from to come ceptors would have been garaged on a stitute for the amendment. up with this additional $135 million-or- single satellite and deployed from that The text of the amendment offered as so for these two missile programs. satellite. Because such a satellite is a a substitute for the amendment is as So if the gentleman will accept our highly valuable and highly visible tar- follows: substitute, I am inclined to accept his get in a fixed orbit circling the Earth Part A amendment No. 6 offered by Mr. amendment. at given times constantly, it becomes HUNTER as a substitute for part A amend- Mr. SPRATT. Mr. Chairman, will the an easy target to take out. Because of ment No. 5 offered by Mr. SPRATT: gentleman yield? its vulnerability, it was discontinued. At the end of subtitle C of title II (page 218, Mr. HUNTER. I yield to the gen- Actually, it was defeated here on the after line 15), insert the following new sec- tion: tleman from South Carolina. House floor; discontinued the next year Mr. SPRATT. Mr. Chairman, I will SEC. ll. TRANSFER OF FUNDS TO INCREASE by SDI. AMOUNTS FOR PAC–3 MISSILE PRO- indeed. In its place, SDI proposed something CUREMENT AND ISRAELI ARROW I do, however, Mr. Chairman, still called Brilliant Pebbles. The idea was PROGRAM. wish to reserve my time so I can recog- to make these interceptors single au- (a) INCREASE FOR PAC–3 PROCUREMENT.— nize others to make comments upon tonomous satellites and so prolific The amount provided in section 101 for Mis- sile Procurement, Army, is hereby increased the amendment. they would be too prolific for any ad- Mr. HUNTER. Mr. Chairman, I re- versary to take out enough to make a by $65,000,000, to be available for an addi- tional 24 PAC–3 missiles. serve the balance of my time. difference. Well, Brilliant Pebbles II, (b) INCREASE FOR ISRAELI ARROW PRO- MOTION TO RISE OFFERED BY MR. TAYLOR OF after the expenditure of several hun- GRAM.—The amount provided in section MISSISSIPPI dred million dollars, was abandoned 201(4) for the Missile Defense Agency is here- Mr. TAYLOR of Mississippi. Mr. and discarded. by increased by $70,000,000, to be available Chairman, I move that the Committee What I am proposing here tonight, within program element 0603881C, Terminal do now rise. Mr. Chairman, is that we have a full Defense Segment, only for the Israeli Arrow The CHAIRMAN. The question is on plate already for the Missile Defense Ballistic Missile Defense System program. Agency. We are trying to bring to fru- (c) CORRESPONDING REDUCTION.—The the motion to rise offered by the gen- amount provided in section 201(4) for re- ition the mid-course interceptor. We tleman from Mississippi (Mr. TAYLOR). search, development, test, and evaluation, The question was taken; and the are trying to develop a boost-phase Defense-wide, is hereby reduced by intercept for the Navy. We are trying Chairman announced that the noes ap- $135,000,000, to be derived from amounts peared to have it. to develop a mid-course intercept sys- available to the Missile Defense Agency. RECORDED VOTE tem based upon a Navy ship. We have The CHAIRMAN. Pursuant to House an airborne laser system. Given the Resolution 415, the gentleman from Mr. TAYLOR of Mississippi. Mr. Chairman, I demand a recorded vote. full plate that the MDA, Missile De- California (Mr. HUNTER) and a Member fense Agency, already has for the sys- opposed each will control 5 minutes. A recorded vote was ordered. tems it has started up or is starting The Chair recognizes the gentleman The vote was taken by electronic de- vice, and there were—ayes 55, noes 336, now, it does not need to complicate its from California (Mr. HUNTER). problems with an additional space- Mr. HUNTER. Mr. Chairman, I yield answered ‘‘present’’ 1, not voting 42, as based system, particularly after we myself such time as I may consume. follows: have already abandoned two iterations Mr. Chairman, the amendment of- [Roll No. 146] of it. fered by the gentleman from South AYES—55 Secondly, we would deplete the fund- Carolina (Mr. SPRATT) is very excellent Abercrombie Frank Oberstar ing except for $10 million for further with respect to the requirement or the Baldwin Hill Obey feasibility and concept definition stud- proposal that we increase in two areas Berry Holt Olver ies of the space-based laser, a truly fu- Blumenauer Honda Pelosi in missile defense, one of which is for Bonior Hooley Rodriguez turistic and, in my opinion, highly du- additional PAC–3 missiles. Those in Boyd Jackson-Lee bious system. We take the money out Schakowsky fact are the missiles, the antimissile Brady (PA) (TX) Shows of those systems; and we put it in the- Capuano Jefferson Slaughter system that we are deploying in the Condit Larson (CT) ater missile defense where the danger Solis near term. We started deploying those Conyers Lee Stark is clear, present, and imminent. around September of 2001. We are mov- Costello Lynch That is the purpose here, to rear- Stenholm ing ahead to deploy that first battery. Davis (FL) Markey range money. Not to take money out of DeGette McDermott Tanner We are in what is known as low-rate Taylor (MS) missile defense, but to rearrange it and Delahunt McGovern initial production right now, finishing Dingell McIntyre Thompson (CA) to accomplish some near-term needs of up EMD; and we are starting to move Doggett Meek (FL) Towns systems that we very well may have to Etheridge Miller, George Waters out with that program. And it is a call upon in the near future. Evans Mink Watt (NC) The gentleman from California (Mr. great improvement over the Patriot Filner Napolitano Wu HUNTER) has an amendment that would missile that we utilized during Desert NOES—336 Storm. So it makes sense to try to get rearrange my rearrangement. He would Ackerman Bonilla Clyburn leave in place the allocations I have as many of those in the field as quickly Aderholt Bono Coble made, but he would allow General as possible. Akin Boozman Collins Allen Borski Cox Kadish to determine which systems Similarly, we have been the prime mover in the Arrow missile program, Andrews Boswell Coyne would be debited in order for these two Armey Brady (TX) Cramer systems to be plussed up. And I can which is also a theater antimissile sys- Baca Brown (FL) Crenshaw live with the gentleman’s amendment. tem. It is an excellent system. It has Bachus Brown (OH) Crowley been proven out and is in deployment Baird Brown (SC) Cubin Mr. Chairman, I reserve the balance Baker Bryant Culberson of my time. right now, and we are trying to in- Baldacci Burr Cummings Mr. HUNTER. Mr. Chairman, is it in crease the deployment and get a third Barcia Buyer Cunningham order for me to offer the substitute at battery up for the Arrow missile. So Barr Callahan Davis (CA) both of those adds, I think, are good Barrett Calvert Davis (IL) this time? Bartlett Camp Davis, Jo Ann The CHAIRMAN. It is now in order to adds, Mr. Chairman. Barton Cantor Davis, Tom consider amendment No. 6 printed in What we do that is a little different Bass Capito Deal part A of House Report 107–450. in the substitute, the way we modify Becerra Capps DeLauro Bentsen Cardin DeLay PART A AMENDMENT NO. 6 OFFERED BY MR. Mr. SPRATT’s amendment, is instead of Bereuter Carson (IN) DeMint HUNTER AS A SUBSTITUTE FOR THE PART A designating certain places where we Berkley Carson (OK) Deutsch AMENDMENT NO. 5 OFFERED BY MR. SPRATT mandate cuts in the missile defense Biggert Castle Diaz-Balart Mr. HUNTER. Mr. Chairman, I offer program, we are not replacing General Bilirakis Chabot Dicks Bishop Chambliss Doolittle an amendment as a substitute for the Kadish’s discretion with our own. We Blagojevich Clayton Doyle amendment. are leaving him the discretion to move Boehlert Clement Dreier

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.169 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2351 Duncan Kleczka Rogers (KY) Lewis (GA) Oxley Simpson 2001 to see the Arrow system deployed Dunn Knollenberg Rogers (MI) McCrery Pryce (OH) Thomas at Palmachim Air Force Base in Israel. Edwards Kolbe Rohrabacher Millender- Radanovich Traficant Ehlers Kucinich Ros-Lehtinen McDonald Reyes Watson (CA) It was very exciting to see the radar, Ehrlich LaHood Ross Nethercutt Riley Waxman the launchers, and also to see some Emerson Lampson Rothman Norwood Roukema members of the United States Navy Engel Langevin Roybal-Allard Ose Royce English Lantos Rush working on the interoperable aspects of Eshoo Larsen (WA) Ryan (WI) b 2011 the system. Farr Latham Ryun (KS) Messrs. BACHUS, FERGUSON and Fattah Leach Sabo b 2015 LAHOOD changed their vote from Ferguson Levin Sanchez An important thing for this House to Flake Lewis (CA) Sanders ‘‘aye’’ to ‘‘no.’’ Fletcher Lewis (KY) Sandlin Mr. RODRIGUEZ changed his vote understand is that this system is inter- Forbes Linder Sawyer from ‘‘no’’ to ‘‘aye.’’ operable. The cost-sharing between our Ford Lipinski Saxton country and Israel has produced a sys- Fossella LoBiondo Schaffer So the motion to rise was rejected. Frelinghuysen Lofgren Schiff The result of the vote was announced tem that will protect Israel against Frost Lowey Schrock as above recorded. current and future missile attacks, and Gallegly Lucas (KY) Scott The CHAIRMAN. The gentleman these are real threats, but also will Gekas Lucas (OK) Sensenbrenner protect U.S. troops deployed in the Gephardt Luther Serrano from California (Mr. HUNTER) has 13 Gibbons Maloney (CT) Sessions minutes remaining. The gentleman field. The work we have done on this Gilchrest Maloney (NY) Shadegg from South Carolina (Mr. SPRATT) has system and the costs we have shared Gilman Manzullo Shaw 1 with our democratic ally, Israel, will Gonzalez Mascara Shays 10 ⁄2 minutes remaining. Goode Matheson Sherman Mr. HUNTER. Mr. Chairman, the help us as we develop our own more ad- Goodlatte Matsui Sherwood gentleman from South Carolina and I vanced theater missile defense and na- Goss McCarthy (MO) Shimkus have discussed his accepting of my sub- tional missile defense systems. This Graham McCarthy (NY) Shuster amendment transfers money in this de- Granger McCollum Simmons stitute and our accepting of the amend- Graves McHugh Skeen ment. I know he has several speakers. fense authorization bill to support Green (TX) McInnis Skelton We do not have any more speakers. more advanced deployment of a system Green (WI) McKeon Smith (MI) Israel needs now, and to support the Greenwood McKinney Smith (NJ) What I would be happy to do is yield Grucci McNulty Smith (TX) my time on the substitute to the gen- continued development of missile de- Gutierrez Meehan Smith (WA) tleman from South Carolina’s speakers fense systems for the United States. It Gutknecht Meeks (NY) Snyder and maybe we could move this process is a win-win; a win for our ally, Israel; Hall (TX) Menendez Souder a win for our troops and our homeland. Hansen Mica Spratt along. Harman Miller, Dan Stearns Mr. SPRATT. I thank the gentleman. At a time when our homeland is Hart Miller, Gary Strickland Mr. Chairman, I yield 1 minute to the under serious threat, an issue I devote Hastings (FL) Miller, Jeff Stump gentleman from Missouri (Mr. SKEL- a lot of my time to, this amendment Hastings (WA) Mollohan Stupak Hayes Moore Sullivan TON), the ranking member of our com- will assure that we are more capable Hayworth Moran (KS) Sununu mittee. against a missile threat. Hefley Moran (VA) Sweeney Mr. SKELTON. Mr. Chairman, I Mr. Chairman, I urge our colleagues Herger Morella Tancredo to support the amendment. Hilleary Murtha Tauscher strongly support the amendment by Hilliard Myrick Tauzin my friend from South Carolina, and I Mr. Chairman, I support this bill, which pro- Hinojosa Nadler Taylor (NC) compliment him as well as the gen- vides for a strong defense for our nation. This Hobson Neal Terry tleman from California. chamber and this Committee, of which I am a Hoeffel Ney Thompson (MS) Hoekstra Northup Thornberry This amendment addresses what I see former member, have a long record of pro- Holden Nussle Thune as a relevance problem. I have looked viding our armed forces with the capabilities Horn Ortiz Thurman at the future and found it wanting. needed to win wars overseas. The over- Hostettler Osborne Tiahrt whelming success of the ongoing operations Houghton Otter Tiberi There just is not enough money to Hoyer Owens Tierney carry out the current defense program in Afghanistan demonstrates these capabili- Hulshof Pallone Toomey through the next few years. ties, and attests to the skill and dedication of Hunter Pascrell Turner But instead of keeping its priorities our armed forces. Hyde Pastor Udall (CO) Inslee Paul Udall (NM) on what the troops need, we see the De- We now face a new challenge. While our Isakson Payne Upton partment of Defense canceling pro- military forces will be called to win wars over- Israel Pence Velazquez grams with real-world relevance while seas, the nation must also wage a war at Issa Peterson (MN) Visclosky home. This is not a war we can win with artil- Istook Peterson (PA) Vitter throwing money at any missile defense Jackson (IL) Petri Walden item that comes down the pike. lery or uniformed troops. It is a war of intel- Jenkins Phelps Walsh As a gesture of national unity, Demo- ligence, of technology, and of wills. Johnson (CT) Pickering Wamp crats last year foreswore a significant Similarly, the war against terrorism in Af- Johnson (IL) Pitts Watkins (OK) ghanistan was not won with the force structure Johnson, E. B. Platts Watts (OK) debate on missile defense. We did not Jones (NC) Pombo Weiner debate the 57 percent increase in spend- and equipment of the Cold War. We relied on Jones (OH) Pomeroy Weldon (FL) ing. We have not debated Secretary long-range platforms, on stealth, and on preci- Kanjorski Portman Weldon (PA) Rumsfeld’s removal of most of the con- sion-guided munitions. Technology is replacing Kaptur Price (NC) Weller Keller Putnam Wexler trols and oversight required of all the need to put our uniformed personnel in Kelly Quinn Whitfield other major defense programs. We have harm’s way and providing situational aware- Kennedy (RI) Rahall Wicker not debated other significant changes. ness to commanders thousands of miles Kerns Ramstad Wilson (NM) away. While we will maintain the ability to go Kildee Rangel Wilson (SC) But I hope, Mr. Chairman, that we Kilpatrick Regula Wolf can at least begin, with this amend- it alone, the ability to lead a coalition will fre- Kind (WI) Rehberg Woolsey ment, to reestablish relevance as a con- quently replace the need to shoulder the bur- King (NY) Reynolds Wynn sideration when spending the national den exclusively. Kingston Rivers Young (AK) Kirk Roemer Young (FL) treasury. The bill before us today is a step in the right Mr. SPRATT. Mr. Chairman, I yield 2 direction in transforming the military to a truly ANSWERED ‘‘PRESENT’’—1 minutes to the gentlewoman from Cali- modern fighting force. The authorization of DeFazio fornia (Ms. HARMAN). programs to protect the homeland shows an NOT VOTING—42 (Ms. HARMAN asked and was given understanding of the threats we now face. The permission to revise and extend her re- authorization of uninhabited vehicles, of Ballenger Combest Gordon Berman Cooksey Hall (OH) marks.) stealthy aircraft, and improved communica- Blunt Crane Hinchey Ms. HARMAN. Mr. Chairman, I thank tions and sensors embraces new tech- Boehner Dooley John the gentleman for yielding to me and I nologies. Boucher Everett Johnson, Sam rise in support of this bill. This bill moves down the path of defense Burton Foley Kennedy (MN) Cannon Ganske LaFalce Mr. Chairman, I believe I was the reform. To be sure, there still is more to go. Clay Gillmor LaTourette first Member of Congress in January I urge my friends on the committee to continue

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00115 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.061 pfrm15 PsN: H09PT1 H2352 CONGRESSIONAL RECORD — HOUSE May 9, 2002 the fight against legacy systems and pro- I think it is important to note that I The military personnel conducting the war in grams, to replace them with agile and smart do oppose in its totality the utilization Afghanistan are showing measurable victories systems, and to improve the poor tooth to tail of $7 billion for missile defense in this in achieving the United States goals. While the ratio through better business practices in the particular bill. I think the thoughtful ballistic missile defense program is not a prov- defense establishment. amendment that the gentleman from en deterrent, let’s not fund an unproven, in- Finally, I am proud to represent the aero- South Carolina (Mr. SPRATT) has that stead let’s fund success. By diverting the space capital of the universe. The companies deals with the particular distribution funds to military personnel we are insuring in my district forge the reconnaissance and of the funds, particularly as it relates their welfare and the welfare of their families, communications satellites, UAVs, and other to Israeli defense, is very helpful. How- which results in increased security for Amer- cutting edge technologies that will drive the ever, let me share with my colleagues ica. new defense. I support these programs, and I my concerns about missile defense. The CHAIRMAN. The question is on support this bill. First of all, Operation Enduring the amendment offered by the gen- Mr. SPRATT. Mr. Chairman, I yield 2 Freedom is costing roughly $1.8 billion tleman from California (Mr. HUNTER) minutes to the gentleman from Texas per month. This bill funds missile de- as a substitute for the amendment of- (Mr. TURNER), in whose district the fense at $7 billion, and we will also use fered by the gentleman from South PAC III is built. $7 billion in 4 months for Operation En- Carolina (Mr. SPRATT). Mr. TURNER. Mr. Chairman, I thank during Freedom. The money for Missile The amendment offered as a sub- the gentleman for yielding me this defense was put in this legislation even stitute for the amendment was agreed time. after a top defense official has said to. I think it is important for us to un- that a successful U.S. missile defense The CHAIRMAN. The question is on derstand what this amendment is real- system which was completed recently the amendment offered by the gen- ly all about. It is the intent of the does not realistically duplicate condi- sponsors of these amendments to be tleman from South Carolina (Mr. tions of an actual attack, a fault in the sure that our troops are prepared to SPRATT), as amended. missile defense. We also find that ki- deal with what we may potentially face The amendment, as amended, was netic kill as a concept for destroying if we are involved in a land battle in a agreed to. long-range ballistic missiles is even country like Iraq. MOTION TO RISE OFFERED BY MR. TAYLOR OF Today we have only 20 PAC III mis- more problematic at this stage. There MISSISSIPPI siles in our inventory. We authorized 72 is no empirical evidence to support the Mr. TAYLOR of Mississippi. Mr. additional missiles last year. They are contention that kinetic kill for ICBM Chairman, I move that the Committee not on line yet. What that means is if defense will work. do now rise. we get into a battle, a land battle So I simply say that the amendment The CHAIRMAN. The question is on where our troops need the protection before us, the Spratt amendment, with the motion to rise offered by the gen- from those Scud missiles coming from the distribution of funds as he is offer- tleman from Mississippi (Mr. TAYLOR). Iraq, we will simply not have the pro- ing to do, is an amendment that makes The question was taken; and the tection our troops should have. sense, because it is related to ground Chairman announced that the noes ap- The PAC III missile is the only hit- missile defense. But I am opposed, Mr. peared to have it. to-kill missile that we have that has Chairman, to the utilization of $7 bil- RECORDED VOTE been proven to be successful. The old lion for the missile defense program as Mr. TAYLOR of Mississippi. Mr. Patriot missiles are a different tech- offered in this bill and in the Presi- Chairman, I demand a recorded vote. nology. We will certainly want as a dent’s budget. I ask my colleagues to A recorded vote was ordered. House tonight to stand behind our support the Spratt amendment. The vote was taken by electronic de- Mr. SPRATT. Mr. Chairman, I yield troops and ensure that an additional 24 vice, and there were—ayes 56, noes 339, 30 seconds to the gentleman from Cali- missiles are authorized under this bill. not voting 39, as follows: The Army says they need over 2,000 fornia (Mr. HUNTER). [Roll No 147] PAC III missiles in their inventory. We Mr. HUNTER. Mr. Chairman, I thank will have to appropriate money for a the gentleman for yielding me this AYES—56 decade to get that inventory to that time, and I thank him for accepting my Abercrombie Holt Napolitano amendment. Ackerman Honda Oberstar level. But we can take a small step to- Baldwin Jackson-Lee Obey night by authorizing an additional 24 This Arrow missile was a program Berry (TX) Olver missiles for PAC III, as well as the au- that we started in 1987. Members of the Blumenauer Jefferson Pelosi thorization for additional funding for Committee on Armed Services con- Bonior Johnson, E. B. Peterson (MN) tacted Mr. Rabin and Mr. Abramson Boyd Kaptur Rodriguez the Arrow missile, which is also a mis- Brady (PA) Kucinich Sanchez sile that will defend against the Scud and said you have to develop a system Capuano Langevin Schakowsky missiles of Iraq. against incoming ballistic missiles be- Condit Larson (CT) Shows cause at some point we are going to see Conyers Lee Solis Mr. SPRATT. Mr. Chairman, I yield 2 DeGette Lynch Stenholm minutes to the gentlewoman from them coming from neighboring coun- Delahunt Markey Tanner Texas (Ms. JACKSON-LEE). tries built presumably by Russia. We Doggett McDermott Taylor (MS) (Ms. JACKSON-LEE of Texas asked saw that. We are going to see more of Filner McGovern Tierney it. This is a prudent move. The PAC III Ford McIntyre Towns and was given permission to revise and Frank Meeks (NY) Waters extend her remarks.) is also an excellent addition. I thank Hill Miller, George Watt (NC) Ms. JACKSON-LEE of Texas. Mr. the gentleman for accepting this sub- Hinchey Mink Wu Chairman, I thank the distinguished stitute. NOES—339 gentleman from South Carolina (Mr. Mr. Chairman, I move the substitute Aderholt Berman Callahan SPRATT) for yielding me this time. at this time. Akin Biggert Calvert Mr. Chairman, let me first of all Ms. JACKSON-LEE of Texas. Mr. Chair- Allen Bilirakis Camp state my support for this legislation as man, Operation Enduring Freedom is costing Andrews Bishop Cantor Armey Blagojevich Capito it relates to the funding of the military roughly $1.8 billion per month. Within four Baca Blunt Capps personnel in this country. I support the months time that amount will climb to $7.2 bil- Bachus Boehlert Cardin increased compensation that this au- lion, while funding the ballistic missile defense Baird Bonilla Carson (IN) thorization bill will provide. program in H.R. 4546 will cost approximately Baker Bono Carson (OK) Baldacci Boozman Castle Let me also thank the gentleman $7.784 billion. Barcia Borski Chabot from South Carolina (Mr. SPRATT) for a The Ballistic Missile Defense system has Barrett Boswell Chambliss very thoughtful amendment as it re- failed most of its tests. Kinetic kill as a con- Bartlett Brady (TX) Clement lates to dealing with the missile activi- cept for destroying long-range ballistic missiles Barton Brown (FL) Clyburn Bass Brown (OH) Coble ties in the theater or grounded missile is even more problematic at this stage. There Becerra Brown (SC) Collins activity. I support that kind of utiliza- is no empirical evidence to support the con- Bentsen Bryant Cooksey tion of missile defense, in the theater, tention that kinetic kill for ICBM defense will Bereuter Burr Costello on the ground. work. Berkley Buyer Cox

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.065 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2353 Coyne Goss Kleczka Osborne Ryan (WI) Tancredo b 2043 Cramer Graham Knollenberg Otter Ryun (KS) Tauscher Crenshaw Granger Kolbe Owens Sabo Tauzin Mr. TIBERI changed his vote from Crowley Graves LaHood Pallone Sanders Taylor (NC) ‘‘aye’’ to ‘‘no.’’ Cubin Green (TX) Lampson Pascrell Sandlin Terry Culberson Green (WI) Lantos Pastor Sawyer Thomas So the motion to rise was rejected. Cummings Greenwood Larsen (WA) Paul Saxton Thompson (CA) The result of the vote was announced Cunningham Gutierrez Latham Payne Schaffer Thompson (MS) as above recorded. Davis (CA) Gutknecht Leach Pence Schiff Thornberry The CHAIRMAN. It is now in order to Davis (FL) Hall (TX) Levin Peterson (PA) Schrock Thune Davis (IL) Harman Lewis (CA) Petri Scott Thurman consider amendment No. 7 printed in Davis, Jo Ann Hart Lewis (KY) Phelps Sensenbrenner Tiahrt part A of House Report 107–450. Davis, Tom Hastings (FL) Linder Pickering Serrano Tiberi PART A AMENDMENT NO. 7 OFFERED BY MS. Deal Hastings (WA) Lipinski Pitts Sessions Toomey DeLauro Hayes LoBiondo Platts Shadegg Turner SANCHEZ DeLay Hayworth Lofgren Pombo Shaw Udall (CO) Ms. SANCHEZ. Mr. Chairman, I offer DeMint Hefley Lowey Pomeroy Shays Udall (NM) amendment No. 7. Deutsch Herger Lucas (KY) Portman Sherman Upton Diaz-Balart Hilleary Lucas (OK) Price (NC) Sherwood Velazquez The CHAIRMAN. The Clerk will des- Dicks Hilliard Luther Putnam Shimkus Visclosky ignate the amendment. Dingell Hinojosa Maloney (CT) Quinn Shuster Vitter The text of the amendment is as fol- Dooley Hobson Maloney (NY) Radanovich Simmons Walden Doolittle Hoeffel Manzullo Rahall Skeen Walsh lows: Doyle Hoekstra Mascara Ramstad Skelton Wamp Part A Amendment No. 7 offered by Ms. Rangel Slaughter Watkins (OK) Dreier Holden Matheson SANCHEZ: Regula Smith (MI) Weiner Duncan Hooley Matsui At the end of title VII (page 159, after line Dunn Horn McCarthy (MO) Rehberg Smith (NJ) Weldon (FL) Ehlers Hostettler McCarthy (NY) Reynolds Smith (TX) Weldon (PA) 14) insert the following: Ehrlich Houghton McCollum Rivers Smith (WA) Weller SEC. 7 . LIMITING RESTRICTION OF USE OF DE- Emerson Hulshof McCrery Roemer Snyder Wexler PARTMENT OF DEFENSE MEDICAL Engel Hunter McHugh Rogers (KY) Souder Whitfield FACILITIES TO PERFORM ABOR- English Hyde McInnis Rogers (MI) Spratt Wicker TIONS TO FACILITIES IN THE Eshoo Inslee McKeon Rohrabacher Stearns Wilson (NM) UNITED STATES. Etheridge Isakson McKinney Ros-Lehtinen Strickland Wilson (SC) Section 1093(b) of title 10, United States Evans Israel McNulty Ross Stump Wolf Code, is amended by inserting ‘‘in the United Rothman Stupak Woolsey Farr Issa Meehan States’’ after ‘‘Defense’’. Fattah Istook Meek (FL) Roybal-Allard Sullivan Wynn Ferguson Jackson (IL) Menendez Royce Sununu Young (AK) The CHAIRMAN. Pursuant to House Flake Jenkins Mica Rush Sweeney Young (FL) Resolution 415, the gentlewoman from Fletcher Johnson (CT) Miller, Dan Foley Johnson (IL) Miller, Gary NOT VOTING—39 California (Ms. SANCHEZ) and a Member Forbes Johnson, Sam Miller, Jeff Ballenger Gordon Ose opposed each will control 10 minutes. Fossella Jones (NC) Mollohan Barr Grucci Oxley The Chair recognizes the gentle- Frelinghuysen Jones (OH) Moore Boehner Hall (OH) Pryce (OH) woman from California (Ms. SANCHEZ). Frost Kanjorski Moran (KS) Boucher Hansen Reyes Gallegly Keller Moran (VA) Burton Hoyer Riley Ms. SANCHEZ. Mr. Chairman, I yield Ganske Kelly Morella Cannon John Roukema myself such time as I may consume. Gekas Kennedy (RI) Murtha Clay Kennedy (MN) Simpson Mr. Chairman, today I offer an Gephardt Kerns Myrick Clayton LaFalce Stark Gibbons Kildee Nadler Combest LaTourette amendment about freedom, safety, and Traficant Gilchrest Kilpatrick Neal Crane Lewis (GA) Watson (CA) choice. Members of the Armed Forces Gilman Kind (WI) Ney DeFazio Millender- Watts (OK) are entitled to a quality of life equal to Gonzalez King (NY) Northup Edwards McDonald Goode Kingston Nussle Everett Nethercutt Waxman that of the Nation they are pledged to Goodlatte Kirk Ortiz Gillmor Norwood defend.

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

EXECUTIVE COMMUNICATIONS, States Code; to the Committee on Armed 9, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to ETC. Services. the Committee on Energy and Commerce. 6707. A letter from the Counsel for Regula- 6711. A letter from the Principal Deputy Under clause 8 of rule XII, executive tions, Department of Housing and Urban De- Associate Administrator, Environmental communications were taken from the velopment, transmitting the Department’s Protection Agency, transmitting the Depart- Speaker’s table and referred as follows: final rule—Amendments to HUD’s Civil ment’s final rule—Revisions to the Cali- 6704. A letter from the Secretary, Depart- Money Penalty Regulations [Docket No. FR– fornia State Implementation Plan, Lake ment of Agriculture, transmitting a draft 4399–F–02] (RIN: 2501–AC56) received May 7, County Air Quality Management District bill, ‘‘To prescribe, adjust, and collect fees to 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the [CA 250–0331a; FRL–7165–4] received April 9, cover the costs incurred by the Secretary to Committee on Financial Services. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the produce national and international reagents 6708. A letter from the Assistant Secretary, Committee on Energy and Commerce. and references and make them available to Department of Education, transmitting no- 6712. A letter from the Principal Deputy the industry on a fee basis’’; to the Com- tice of Final Priority—Program of Research Associate Administator, Environmental Pro- mittee on Agriculture. on Reading Comprehension, pursuant to 20 tection Agency, transmitting the Agency’s 6705. A letter from the Principal Deputy U.S.C. 1232(f); to the Committee on Edu- final rule—Interim Final Determination that Associate Administrator, Environmental cation and the Workforce. State has Corrected the Rule Deficiencies Protection Agency, transmitting the Agen- 6709. A letter from the Secretary, Depart- and Stay of Sanctions in California, San Joa- cy’s final rule—Lysophosphatidyl- ethanol- ment of Education, transmitting the Annual quin Valley Unified Air Pollution Control amine (LPE); Exemption from the Require- Report of the National Advisory Committee District [CA 262–0338c; FRL–7174–2] received ment of a Tolerance [OPP–301212; FRL–6821– on Institutional Quality and Integrity for April 22, 2002, pursuant to 5 U.S.C. 4] (RIN: 2070–AB78) received April 9, 2002, pur- Fiscal Year 2001, pursuant to 20 U.S.C. 801(a)(1)(A); to the Committee on Energy and suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1145(e); to the Committee on Education and Commerce. mittee on Agriculture. the Workforce. 6713. A letter from the Assistant Legal Ad- 6706. A letter from the Deputy Secretary, 6710. A letter from the Principal Deputy viser for Treaty Affairs, Department of Department of Defense, transmitting the De- Associate Administrator, Environmental State, transmitting copies of international partment’s report describing the policies and Protection Agency, transmitting the Agen- agreements, other than treaties, entered into procedures for decision-making on issues cy’s final rule—Significant New Uses of Cer- by the United States, pursuant to 1 U.S.C. arising under the Civil False Claims Act, tain Chemical Substances [OPPTS–50606A; 112b(a); to the Committee on International sections 3729 through 3733, of Title 31, United FRL–6805–1] (RIN: 2070–AB27) received April Relations.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.062 pfrm15 PsN: H09PT1 H2354 CONGRESSIONAL RECORD — HOUSE May 9, 2002 6714. A letter from the Assistant Secretary 6727. A letter from the Deputy Assistant its correct financial position; to the Com- for Legislative Affairs, Department of State, Administrator for Regulatory Programs, mittee on Ways and Means. transmitting additional legislative proposals NMFS, National Oceanic and Atmospheric f for inclusion in the Foreign Relations Au- Administration, transmitting the Adminis- thorization Act Fiscal Years 2002 and 2003; to tration’s final rule—Fisheries of the Exclu- REPORTS OF COMMITTEES ON the Committee on International Relations. sive Economic Zone Off Alaska; Steller Sea PUBLIC BILLS AND RESOLUTIONS 6715. A communication from the President Lion Protection Measures for the Groundfish Under clause 2 of rule XIII, reports of of the United States, transmitting the Sec- Fisheries Off Alaska; Final 2002 Harvest committees were delivered to the Clerk ond Annual Report on the Inter-American Specifications and Associated Management Convention Against Corruption; to the Com- Measures for the Groundfish Fisheries Off for printing and reference to the proper mittee on International Relations. Alaska [Docket No. 011218304–1304–01; calendar, as follows: 6716. A letter from the Chairman, Council I.D.121701A] (RIN: 0648–AP69) received May 7, Mr. HANSEN: Committee on Resources. of the District of Columbia, transmitting a 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 1462. A bill to require the Secretary of copy of D.C. ACT 14–357, ‘‘Election Recount Committee on Resources. the Interior to establish a program to pro- and Judicial Review Amendment Act of 2002’’ 6728. A letter from the Deputy Assistant vide assistance through States to eligible received May 9, 2002, pursuant to D.C. Code Administrator for Operations, NMFS, Na- weed management entities to control or section 1—233(c)(1); to the Committee on tional Oceanic and Atmospheric Administra- eradicate harmful, nonnative weeds on pub- Government Reform. tion, transmitting the Administration’s final lic and private land; with an amendment 6717. A letter from the Chairman, Council rule—Fisheries of the Exclusive Economic (Rept. 107–451 Pt. 1). Ordered to be printed. of the District of Columbia, transmitting a Zone Off Alaska; License Limitation Pro- f copy of D.C. ACT 14–358, ‘‘Youth Pollworker gram for Groundfish of the Bering Sea and Temporary Amendment Act of 2002’’ received Aleutian Islands Area [Docket No. 010914227– TIME LIMITATION OF REFERRED May 9, 2002, pursuant to D.C. Code section 1— 2063–02; I.D. 080201E] (RIN: 0648–AM40) re- BILL 233(c)(1); to the Committee on Government ceived May 7, 2002, pursuant to 5 U.S.C. Pursuant to clause 2 of rule XII, the Reform. 801(a)(1)(A); to the Committee on Resources. 6718. A letter from the Chairman, Council 6729. A letter from the Paralegal Spe- following action was taken by the of the District of Columbia, transmitting a cialist, FAA, Department of Transportation, Speaker: copy of D.C. ACT 14–361, ‘‘District of Colum- transmitting the Department’s final rule— H.R. 1462. Referral to the Committee on bia Public Schools Free Textbook Amend- Airworthiness Directives; Various Transport Agriculture extended for a period ending not ment Act of 2002’’ received May 9, 2002, pur- Category Airplanes Equipped with Air Traf- later than June 10, 2002. suant to D.C. Code section 1—233(c)(1); to the fic Control (ATC) Transponders Manufac- f Committee on Government Reform. tured by Rockwell Collins, Inc. [Docket No. 6719. A letter from the Chairman, Council 2000–NM–284–AD; Amendment 39–12682; AD PUBLIC BILLS AND RESOLUTIONS of the District of Columbia, transmitting a 2002–06–05] (RIN: 2120–AA64) received April 16, Under clause 2 of rule XII, public copy of D.C. ACT 14–355, ‘‘Office of Employee 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the bills and resolutions were introduced Appeals Attorney Fees Clarification Amend- Committee on Transportation and Infra- and severally referred, as follows: ment Act of 2002’’ received May 9, 2002, pur- structure. suant to D.C. Code section 1—233(c)(1); to the 6730. A letter from the Paralegal Spe- By Mr. BOEHLERT (for himself, Mr. Committee on Government Reform. cialist, FAA, Department of Transportation, WEINER, Mr. SHAYS, Mr. GRUCCI, Mr. 6720. A letter from the Chairman, Council transmitting the Department’s final rule— LARSON of Connecticut, Mr. ISRAEL, of the District of Columbia, transmitting a Airworthiness Directives; Rockwell Collins, Mrs. MORELLA, Mr. ETHERIDGE, Mr. copy of D.C. ACT 14–356, ‘‘Residential Permit Inc. TDR–94 and TDR–94D Mode S Tran- EHLERS, Mr. BACA, Mr. FORBES, and Parking Area Amendment Act of 2002’’ re- sponders [Docket No. 2000–CE–32–AD; Amend- Mr. BARCIA): ceived May 9, 2002, pursuant to D.C. Code ment 39–12683; AD 2002–06–06] (RIN: 2120– H.R. 4687. A bill to provide for the estab- section 1—233(c)(1); to the Committee on AA64) received April 16, 2002, pursuant to 5 lishment of investigative teams to assess Government Reform. U.S.C. 801(a)(1)(A); to the Committee on building performance and emergency re- 6721. A letter from the Deputy Secretary, Transportation and Infrastructure. sponse and evacuation procedures in the Department of Housing and Urban Develop- 6731. A letter from the Program Analyst, wake of any building failure that has re- ment, transmitting the Department’s FY FAA, Department of Transportation, trans- sulted in substantial loss of life or that posed 2003 Annual Performance Plan; to the Com- mitting the Department’s final rule—Air- significant potential of substantial loss of mittee on Government Reform. worthiness Directives; Boeing Model 747 Se- life; to the Committee on Science. 6722. A letter from the Personnel Manage- ries Airplanes [Docket No. 2002–NM–32–AD; By Mr. HAYWORTH: ment Specialist, Department of Labor, trans- Amendment 39–12678; AD 2002–06–02] (RIN: H.R. 4688. A bill to revise the boundary of mitting a report pursuant to the Federal Va- 2120–AA64) received April 16, 2002, pursuant the Petrified Forest National Park in the cancies Reform Act of 1998; to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on State of Arizona, and for other purposes; to mittee on Government Reform. Transportation and Infrastructure. the Committee on Resources. 6723. A letter from the Personnel Manage- 6732. A letter from the Paralegal Spe- By Mr. SMITH of Texas (for himself, ment Specialist, Department of Labor, trans- cialist, FAA, Department of Transportation, Mr. SENSENBRENNER, Mr. HYDE, Mr. mitting a report pursuant to the Federal Va- transmitting the Department’s final rule— GEKAS, Mr. COBLE, Mr. GALLEGLY, cancies Reform Act of 1998; to the Com- Airworthiness Directives; McDonnell Doug- Mr. GOODLATTE, Mr. BRYANT, Mr. mittee on Government Reform. las Model DC–10–10, –10F, –15, –30, –30F (KC– CHABOT, Mr. BARR of Georgia, Mr. 6724. A letter from the Comptroller Gen- 10A and KDC–10), –40, and –40F Series Air- JENKINS, Mr. CANNON, Mr. GRAHAM, eral, General Accounting Office, transmit- planes; and Model MD–10–10F and MD–10–30F Mr. BACHUS, Mr. HOSTETTLER, Mr. ting the Month in Review: December 2001 Re- Series Airplanes [Docket No. 2001–NM–121– GREEN of Wisconsin, Mr. KELLER, Mr. ports, Testimony, Correspondence, and Other AD; Amendment 39–12692; AD 2002–06–14] ISSA, Ms. HART, Mr. FLAKE, and Mr. Publications; to the Committee on Govern- (RIN: 2120–AA64) received April 16, 2002, pur- PENCE): ment Reform. suant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 4689. A bill to disapprove certain sen- 6725. A letter from the Assistant Secretary, mittee on Transportation and Infrastruc- tencing guideline amendments; to the Com- Land and Minerals Management, Depart- ture. mittee on the Judiciary. ment of the Interior, transmitting the De- 6733. A letter from the Paralegal Spe- By Mr. BERRY: partment’s final rule—Oil and Gas and Sul- cialist, FAA, Department of Transportation, H.R. 4690. A bill to require that phur Operations in the Outer Continental transmitting the Department’s final rule— pseudoephedrine be dispensed only upon a Shelf—Decommissioning Activities (RIN: Airworthiness Directives; McDonnell Doug- written prescription of a licensed practi- 1010–AC65) received May 7, 2002, pursuant to las Model MD–90–30 Airplanes [Docket No. tioner, and for other purposes; to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on 2000–NM–195–AD; Amendment 39–12689; AD mittee on Energy and Commerce. Resources. 2002–06–11] (RIN: 2120–AA64) received April 16, By Mr. BILIRAKIS (for himself, Mr. 6726. A letter from the Acting Director, Of- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the ARMEY, Mr. TAUZIN, Mr. STUPAK, Mr. fice of Sustainable Fisheries, NMFS, Na- Committee on Transportation and Infra- SMITH of New Jersey, Mr. BARCIA, Mr. tional Oceanic and Atmospheric Administra- structure. TAYLOR of Mississippi, Mr. BARTON of tion, transmitting the Administration’s final 6734. A letter from the Chairman, National Texas, Mr. UPTON, Mr. STEARNS, Mr. rule—Fisheries of the Exclusive Economic Transportation Safety Board, transmitting a DEAL of Georgia, Mr. BURR of North Zone Off Alaska; Pacific Cod by Vessels legislative proposal entitled, ‘‘National Carolina, Mr. WHITFIELD, Mr. NOR- Catching Pacific Cod for Processing by the Transportation Safety Board Amendments WOOD, Mrs. CUBIN, Mr. PICKERING, Mr. Inshore Component in the Central Regu- Act of 2002’’; to the Committee on Transpor- BRYANT, Mr. PITTS, Mr. WICKER, Mr. latory Area of the Gulf of Alaska [Docket tation and Infrastructure. MICA, Mr. WELDON of Florida, Mr. No. 011218304–1304–01; I.D. 030702D] received 6735. A letter from the Secretary, Depart- LEWIS of Kentucky, Mr. BARTLETT of April 22, 2002, pursuant to 5 U.S.C. ment of the Treasury, transmitting a draft Maryland, Mr. COOKSEY, and Mr. 801(a)(1)(A); to the Committee on Resources. bill designed to restore the HI Trust Fund to JEFF MILLER of Florida):

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\L09MY7.000 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2355 H.R. 4691. A bill to prohibit certain abor- lated by the Federal Trade Commission; to mental Health Sciences to conduct and co- tion-related discrimination in governmental the Committee on Energy and Commerce. ordinate a research program on hormone dis- activities; to the Committee on Energy and By Mr. SAM JOHNSON of Texas (for ruption; to the Committee on Energy and Commerce. himself, Mr. NORWOOD, Mr. CRANE, Commerce, and in addition to the Commit- By Mr. BISHOP: Ms. DUNN, and Mr. HERGER): tees on Resources, and Science, for a period H.R. 4692. A bill to amend the Act entitled H.R. 4702. A bill to amend title XVIII of the to be subsequently determined by the Speak- ‘‘An Act to authorize the Establishment of Social Security Act to clarify the right of er, in each case for consideration of such pro- the Andersonville National Historic Site in Medicare beneficiaries to enter into private visions as fall within the jurisdiction of the the State of Georgia, and for other contracts with physicians and other health committee concerned. purposes‘‘, to provide for the addition of cer- care professionals for the provision of health By Ms. VELAZQUEZ: tain donated lands to the Andersonville Na- services for which no payment is sought H.R. 4710. A bill to amend title 44, United tional Historic Site; to the Committee on under the Medicare program; to the Com- States Code, to reduce paperwork burdens Resources. mittee on Ways and Means, and in addition for small-business concerns; to the Com- By Mr. BLUNT (for himself, Mr. ACK- to the Committee on Energy and Commerce, mittee on Government Reform, and in addi- ERMAN, Mr. GILMAN, and Mr. MENEN- for a period to be subsequently determined tion to the Committee on Small Business, DEZ): by the Speaker, in each case for consider- for a period to be subsequently determined H.R. 4693. A bill to hold accountable the ation of such provisions as fall within the ju- by the Speaker, in each case for consider- Palestine Liberation Organization and the risdiction of the committee concerned. ation of such provisions as fall within the ju- Palestinian Authority, and for other pur- By Mr. LEVIN (for himself and Mr. risdiction of the committee concerned. poses; to the Committee on International CAMP): By Ms. WATERS (for herself and Mr. Relations. H.R. 4703. A bill to establish a joint United BACHUS): By Mr. BURTON of Indiana (for himself States-Canada customs inspection pilot H.R. 4711. A bill to provide for the identi- and Mr. TOM DAVIS of Virginia): project; to the Committee on Ways and fication of assets hidden in United States fi- H.R. 4694. A bill to provide for flexibility in Means. nancial institutions that have been stolen or making emergency Federal procurements, By Mrs. LOWEY (for herself, Mrs. misappropriated from foreign countries by and for other purposes; to the Committee on JONES of Ohio, Ms. MCKINNEY, Mr. corrupt foreign political figures of those Government Reform. KILDEE, Mr. FRANK, Mr. KUCINICH, countries; to the Committee on Financial By Mr. CALLAHAN: Mrs. MINK of Hawaii, Ms. RIVERS, Mr. Services. H.R. 4695. A bill to direct the Secretary of OWENS, Mr. RANGEL, Mr. NADLER, Ms. By Mr. WATKINS: the Interior to study the suitability and fea- LEE, Ms. VELAZQUEZ, Mrs. MORELLA, H.R. 4712. A bill to amend the Internal Rev- sibility of designating Fort Gaines and Fort and Mr. ISRAEL): enue Code of 1986 to provide an exemption Morgan in Alabama as units of the National H.R. 4704. A bill to amend the Federal from the recapture provisions of the low-in- Park System, and for other purposes; to the Food, Drug, and Cosmetic Act to establish come housing credit for certain recipients of Committee on Resources. labeling requirements regarding allergenic Federal multi-family housing loans; to the By Mr. CANNON (for himself, Mr. substances in food, and for other purposes; to Committee on Ways and Means. MORAN of Virginia, Mr. ARMEY, Mr. the Committee on Energy and Commerce. By Mr. YOUNG of Alaska (for himself, BONILLA, Mr. HOSTETTLER, Mr. NOR- By Mr. PALLONE: Mr. MICA, Mr. OBERSTAR, Mr. LIPIN- WOOD, Mr. BURTON of Indiana, Mr. H.R. 4705. A bill to amend the Interstate SKI, and Mr. EHLERS): CAMP, and Mr. DOOLEY of California): Horseracing Act of 1978 to require the con- H. Con. Res. 401. Concurrent resolution rec- H.R. 4696. A bill to amend title 11 of the sent of certain horsemen’s groups for inter- ognizing the heroism and courage displayed United States Code with respect to the al- state off-track wagers, and for other pur- by airline flight attendants each day; to the lowance of certain claims or interests; to the poses; to the Committee on Energy and Com- Committee on Transportation and Infra- Committee on the Judiciary. merce. structure. By Ms. DEGETTE (for herself and Mr. By Mr. RAMSTAD (for himself, Mr. By Mr. PAUL (for himself, Mr. BARR of GREENWOOD): POMEROY, Mrs. JOHNSON of Con- Georgia, Mr. BARTLETT of Maryland, H.R. 4697. A bill to amend the Public necticut, Mr. LEWIS of Kentucky, Mr. Mr. CANNON, Mr. COLLINS, Mr. DUN- Health Service Act with respect to the pro- MANZULLO, and Ms. VELAZQUEZ): CAN, Mr. FLAKE, Mr. GOODE, Mr. MAN- H.R. 4706. A bill to amend the Internal Rev- tection of human subjects in research; to the ZULLO, Mr. NORWOOD, Mr. ROHR- enue Code of 1986 to modify the unrelated Committee on Energy and Commerce. ABACHER, Mr. SCHAFFER, Mr. SES- business income limitation on investment in By Mr. ENGEL: SIONS, and Mr. WELDON of Florida): H.R. 4698. A bill to require licenses for the certain debt-financed properties; to the Com- H. Res. 416. A resolution expressing the sale, purchase, and distribution of certain mittee on Ways and Means. sense of the Congress regarding the Inter- chemicals that are precursors to chemical By Ms. SCHAKOWSKY (for herself, Mr. national Criminal Court; to the Committee weapons, and for other purposes; to the Com- BONIOR, Mr. WAXMAN, Ms. CARSON of on International Relations. mittee on Energy and Commerce. Indiana, Mr. KUCINICH, Mr. QUINN, By Mr. FOSSELLA: Ms. BROWN of Florida, Mr. SANDERS, f H.R. 4699. A bill to establish appropriate Mr. MCGOVERN, Mr. UDALL of Colo- PRIVATE BILLS AND procedures and sanctions to ensure that un- rado, Mr. NADLER, Ms. DELAURO, Mr. RESOLUTIONS paid parking fines and penalties owed to New GEORGE MILLER of California, Ms. York City by foreign countries are paid; to LEE, Mr. WEXLER, Mrs. DAVIS of Cali- Under clause 3 of rule XII, the Committee on International Relations. fornia, Mr. CUMMINGS, Ms. MCKINNEY, Mr. ACEVEDO-VILA introduced a bill By Ms. PRYCE of Ohio (for herself, Mr. Mr. HALL of Ohio, Mr. BRADY of (H.R. 4713) for the relief of Laura Maldonado THOMAS, Mr. BOEHNER, Mr. TAUZIN, Pennsylvania, Ms. NORTON, Ms. Caetani; which was referred to the Com- Mr. OXLEY, Mr. COMBEST, Mr. SOLIS, Mr. LIPINSKI, Mr. DAVIS of Illi- mittee on the Judiciary. HERGER, Mr. MCKEON, Mr. UPTON, Mr. nois, Ms. MCCARTHY of Missouri, and f BILIRAKIS, Mrs. ROUKEMA, Mr. GOOD- Ms. SLAUGHTER): LATTE, and Mr. SHAW): H.R. 4707. A bill to prohibit the use of ar- ADDITIONAL SPONSORS H.R. 4700. A bill to reauthorize and improve senic-treated lumber to manufacture play- Under clause 7 of rule XII, sponsors the program of block grants to States for ground equipment, children’s products, temporary assistance for needy families, im- fences, walkways, and decks, and for all were added to public bills and resolu- prove access to quality child care, and for other residential purposes, and for other pur- tions as follows: other purposes; to the Committee on Ways poses; to the Committee on Energy and Com- H.R. 31: Mr. RAHALL. and Means, and in addition to the Commit- merce, and in addition to the Committee on H.R. 82: Mr. MASCARA. tees on Energy and Commerce, Education Agriculture, for a period to be subsequently H.R. 285: Ms. WATSON. and the Workforce, Agriculture, and Finan- determined by the Speaker, in each case for H.R. 294: Mrs. MYRICK. cial Services, for a period to be subsequently consideration of such provisions as fall with- H.R. 303: Mr. DOGGETT. determined by the Speaker, in each case for in the jurisdiction of the committee con- H.R. 339: Mr. OWENS. consideration of such provisions as fall with- cerned. H.R. 482: Mr. AKIN and Mr. LEWIS of Ken- in the jurisdiction of the committee con- By Mr. SIMPSON (for himself and Mr. tucky. cerned. OTTER): H.R. 488: Mr. THOMPSON of California. By Mr. GORDON (for himself, Mr. H.R. 4708. A bill to authorize the Secretary H.R. 521: Mr. ACEVEDO-VILA. OSBORNE, Mr. DINGELL, Mr. TOWNS, of the Interior to convey certain facilities to H.R. 551: Mr. UPTON. Mr. STEARNS, Mr. JOHN, and Mr. the Fremont-Madison Irrigation District; to H.R. 638: Mr. OWENS. CLEMENT): the Committee on Resources. H.R. 854: Ms. EDDIE BERNICE JOHNSON of H.R. 4701. A bill to designate certain con- By Ms. SLAUGHTER: Texas, Mr. LANTOS, Ms. MILLENDER-MCDON- duct by sports agents relating to the signing H.R. 4709. A bill to amend the Public ALD, Mr. MARKEY, and Mr. MCGOVERN. of contracts with student athletes as unfair Health Services Act to authorize the Direc- H.R. 882: Mr. HAYES, Mrs. JONES of Ohio, and deceptive acts or practices to be regu- tor of the National Institute of Environ- Mr. BOEHNER, Mr. BISHOP, Mr. WELLER, Mr.

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LEWIS of Georgia, Mr. CHAMBLISS, and Mr. H.R. 3450: Ms. MCCOLLUM, Mr. PLATTS, Mr. H.R. 4152: Mr. GEKAS. DEAL of Georgia. BARR of Georgia, and Ms. LOFGREN. H.R. 4210: Mrs. MORELLA, Mr. OLVER, Mr. H.R. 898: Ms. ROS-LEHTINEN. H.R. 3469: Mr. BROWN of Ohio, Mr. OLVER, BROWN of Ohio, Ms. WATSON, Mr. MCGOVERN, H.R. 948: Mr. SMITH of New Jersey. Mr. FILNER, Ms. WATERS, Mr. MCNULTY, Mr. Mr. KUCINICH, Mr. FRANK, Mr. GEORGE MIL- H.R. 951: Mr. ISSA, Mr. REYES, Mr. JENKINS, PAYNE, Mr. CONYERS, Ms. WATSON, Mr. LER of California, Mr. POMEROY, and Mr. Mrs. MEEK of Florida, Mr. SULLIVAN, and Mr. GEORGE MILLER of California, Mr. GUTIER- BONIOR. LATOURETTE. REZ, Mr. LARSEN of Washington, and Mr. H.R. 4446: Mr. TERRY, Mrs. CHRISTENSEN, H.R. 1090: Mr. HILLEARY and Mr. OLVER. CLAY. Mr. DAVIS of Illinois, Mr. BOEHLERT, and Mr. H.R. 1092: Mr. PENCE, Mr. DAVIS of Illinois, H.R. 3479: Mr. PETRI, Ms. HART, and Mr. GUTKNECHT. and Mr. LAHOOD. BAKER. H.R. 4493: Mr. TERRY. H.R. 1144: Mr. TOWNS. H.R. 3597: Mr. HUNTER. H.R. 4496: Mr. TERRY. H.R. 1145: Mr. GEKAS. H.R. 3609: Mr. BRYANT. H.R. 4498: Mr. TERRY. H.R. 1214: Mr. MCCOLLUM. H.R. 3612: Ms. SLAUGHTER. H.R. 4503: Mr. OWENS. H.R. 1233: Mr. FOLEY. H.R. 3618: Mr. CONDIT. H.R. 4514: Mr. BILIRAKIS, Mr. SIMPSON, Mr. H.R. 1296: Mr. TAUZIN. H.R. 3625: Mr. GREEN of Texas and Mr. SHOWS, Ms. BERKLEY, and Mr. BOOZMAN. H.R. 1305: Mr. WATT of North Carolina. KUCINICH. H.R. 4515: Mr. OSBORNE. ILNER RADY H.R. 1375: Mr. BRYANT. H.R. 3626: Mr. GONZALEZ. H.R. 4551: Mr. F , Mr. B of Texas, H.R. 1460: Mr. CANTOR. H.R. 3661: Mr. TERRY and Mr. BOEHLERT. Mr. CUMMINGS, Mr. HINOJOSA, Mr. EDWARDS, H.R. 1472: Ms. PELOSI. H.R. 3673: Mr. FOLEY. Ms. JACKSON-LEE of Texas, Mr. LAMPSON, and H.R. 1487: Ms. HOOLEY of Oregon. H.R. 3710: Mr. MCGOVERN and Mr. LEWIS of Mr. QUINN. H.R. 1507: Mr. PASTOR. Georgia. H.R. 4555: Mr. FROST and Mr. GREEN of H.R. 1543: Mr. PENCE and Mr. DUNCAN. H.R. 3729: Mr. BOYD. Texas. H.R. 4575: Mr. OWENS, Mr. RODRIGUEZ, Mr. H.R. 1577: Mr. WATT of North Carolina, Ms. H.R. 3747: Mr. STARK. GONZALEZ, Mr. MCGOVERN, and Mr. HINOJOSA. JACKSON-LEE of Texas, Mr. GEKAS, Mr. H.R. 3805: Mr. LEWIS of Kentucky and Mr. H.R. 4582: Mr. OTTER. ISAKSON, and Mr. OSBORNE. BACHUS. H.R. 4592: Ms. LEE, Mr. HONDA, Mr. GARY G. H.R. 1581: Mrs. CUBIN. H.R. 3814: Mr. LEACH and Mr. RANGEL. MILLER of California, Mr. FARR of California, H.R. 1598: Ms. MCCARTHY of Missouri, Mr. H.R. 3834: Mr. NORWOOD. Mr. SHERMAN, and Mrs. DAVIS of California. BROWN of Ohio, and Mr. CRENSHAW. H.R. 3845: Mr. UDALL of Colorado. H.R. 4608: Mr. HOUGHTON, Mr. BEREUTER, H.R. 1609: Mr. COBLE, Mr. LOBIONDO, and H.R. 3884: Mr. RANGEL. Mr. SCHAFFER, Mr. CANTOR, Mrs. WILSON of Mr. BOOZMAN. H.R. 3915: Mr. MCGOVERN. New Mexico, Mr. LUCAS of Oklahoma, Mr. H.R. 1629: Mr. HOEFFEL. H.R. 3940: Mr. ABERCROMBIE and Mr. OSBORNE, Mr. MANZULLO, Mr. GILMAN, Mr. H.R. 1637: Mr. MCNULTY. CONDIT. WATKINS, Mr. POMBO, Mr. COX, Mr. GIBBONS, H.R. 1764: Mr. PETERSON of Minnesota. H.R. 3961: Mr. PAYNE, Mr. HOLT, Ms. BALD- Mr. YOUNG of Alaska, Mr. BLUNT, Mr. H.R. 1784: Mr. SHERMAN. WIN, Mr. HALL of Ohio, Mr. BRADY of Penn- NUSSLE, Mr. GOODLATTE, Mr. BOOZMAN, Mr. H.R. 1809: Mr. BISHOP and Ms. NORTON. sylvania, Ms. JACKSON-LEE of Texas, Mr. WICKER, Mr. CHAMBLISS, Mr. COOKSEY, Mr. H.R. 1897: Mr. LYNCH. STARK, and Mr. OWENS. FOSSELLA, Mr. KING, Mr. HUNTER, Mr. BRADY H.R. 1919: Mr. KENNEDY of Minnesota. H.R. 3966: Mr. SMITH of New Jersey. of Texas, Ms. GRANGER, Mr. BAKER, Mr. H.R. 1935: Mr. HOEFFEL, Mr. ENGEL, Ms. H.R. 3967: Mr. SMITH of New Jersey. BONILLA, Mr. PAUL, Mr. ARMEY, Mr. GRAVES, HOOLEY of Oregon, Mr. FATTAH, Mr. KAN- H.R. 3973: Mr. COOKSEY, Mr. HILLEARY, Mr. Mr. PUTNAM, Mr. SMITH of Michigan, Mrs. JORSKI, Mr. THUNE, and Mr. SULLIVAN. BALLENGER, Mr. ABERCROMBIE, Mr. TANNER, EMERSON, Mr. SHIMKUS, Mr. BURR of North H.R. 1966: Mr. GOODE and Mr. VITTER. Mrs. TAUSCHER, Mrs. THURMAN, Mr. HUNTER, Carolina, Mr. DEMINT, Mr. HULSHOF, Mr. H.R. 2014: Mr. MORAN of Virginia and Mr. Mr. WELDON of Pennsylvania, Mr. ANDREWS, BILIRAKIS, Mr. SIMPSON, Mr. SMITH of New CALVERT. Mr. HASTINGS of Florida, Mr. BARTLETT of Jersey, Mr. ENGLISH, Mr. WALDEN of Oregon, H.R. 2117: Mr. DEAL of Georgia. Maryland, Mr. HANSEN, Mr. BISHOP, Mr. Mr. SESSIONS, Mr. HOEKSTRA, Mr. THUNE, Mr. H.R. 2348: Mr. BALDACCI and Ms. VELAZ- SCHROCK, Mr. HAYES, Mr. BROWN of South ROGERS of Michigan, Mr. HYDE, Mr. JENKINS, QUEZ. Carolina, Mr. CANTOR, Mr. FORBES, Mr. ASTERT ALLAHAN ELLY H.R. 2419: Mr. BISHOP. HEFLEY, Mrs. CUBIN, Mr. PITTS, Mr. KELLER, Mr. H , Mr. C , Mrs. K , H.R. 2466: Mrs. JO ANN DAVIS of Virginia. Mr. CONYERS, Mr. HORN, Mr. COBLE, Mrs. JO Mr. SUNUNU, Mr. PICKERING, Mr. PORTMAN, H.R. 2483: Mr. LARSEN of Washington. ANN DAVIS of Virginia, Mrs. WILSON of New Mr. BARTON of Texas, Mr. HASTINGS of Wash- H.R. 2527: Mr. GRAHAM, Mr. HOBSON, Mr. Mexico, Mr. RYAN of Wisconsin, Mr. WELDON ington, Mr. THOMAS, Mr. TAUZIN, Mr. THORN- ROGERS of Michigan, Mr. RAHALL, Mr. PUT- of Florida, Mr. THORNBERRY, Mr. HOEKSTRA, BERRY, Mr. STUMP, Mr. HERGER, Mr. MCKEON, NAM, Mr. NEAL of Massachusetts, and Mr. Mr. SHADEGG, Mr. RAMSTAD, Mr. GILCHREST, Mr. HAYES, Mr. GILCHREST, Mr. EHLERS, Mr. BARR of Georgia. Mr. MCKEON, and Mr. SNYDER. WATTS of Oklahoma, and Mr. SHADEGG. H.R. 4614: Mr. CONYERS, Mr. MCGOVERN, H.R. 2695: Mr. BARTLETT of Maryland. H.R. 3995: Mr. HOEFFEL. Mr. WYNN, Mrs. NAPOLITANO, Mr. HILLIARD, H.R. 2714: Mr. HOBSON, Mr. SHUSTER, Mrs. H.R. 4003: Mr. FILNER. Ms. BROWN of Florida, Mr. OLVER, Mr. WILSON of New Mexico, Mr. COMBEST, Mr. H.R. 4011: Mr. SANDERS and Ms. SLAUGH- BALDACCI, and Ms. RIVERS. HUNTER, Mr. KIRK, Mr. POMBO, Mr. ROYCE, TER. H.R. 4620: Mr. SKEEN and Mr. MCINNIS. Mr. SULLIVAN, Mr. LATHAM, Mr. LEWIS of H.R. 4013: Mr. ISAKSON. H.R. 4630: Mr. PASCRELL. Kentucky, Mr. MCKEON, Mr. GARY G. MILLER H.R. 4014: Mr. ISAKSON. H.R. 4635: Mr. MASCARA and Mr. KINGSTON. of California, Mr. PETERSON of Pennsylvania, H.R. 4017: Ms. SCHAKOWSKY, Mr. RANGEL, H.R. 4647: Mr. BAKER and Mr. ROHR- Mr. ROGERS of Michigan, Mr. SCHROCK, Mr. Mr. FARR of California, and Mr. WYNN. ABACHER. SIMMONS, Mr. SIMPSON, Mr. YOUNG of Alaska, H.R. 4018: Mr. TERRY, Mr. GORDON, Mr. H.R. 4654: Mr. PAYNE, Mr. MCNULTY, Mr. Mr. MORAN of Kansas, Ms. PRYCE of Ohio, NEAL of Massachusetts, and Mr. ISRAEL. ISRAEL, Mr. GRUCCI, Mrs. MALONEY of New and Mr. RAMSTAD. H.R. 4034: Mr. KENNEDY of Rhode Island. York, Ms. VELAZQUEZ, Mr. STUPAK, Mr. H.R. 2733: Mr. GORDON. H.R. 4037: Mr. FRANK. HOEFFEL, Mr. MYRTHA, Mr. BRADY of Penn- H.R. 2763: Mr. RYUN of Kansas and Mr. H.R. 4059: Mr. FORD. sylvania, Mr. DINGELL, and Mrs. TAUSCHER. H.R. 4066: Mr. SKELTON, Mr. GONZALEZ, and LAHOOD. H.R. 4658: Mr. TANCREDO, Mr. HOSTETTLER, EPHARDT EKAS Ms. BALDWIN. H.R. 2820: Mr. G , Mr. G , and Mr. TERRY, Mr. TIAHRT, Mr. BARTLETT of UMMINGS H.R. 4071: Mr. WICKER. Mr. C . Maryland, Mr. PITTS, and Mrs. MYRICK. H.R. 4073: Mr. CAMP, Mr. WILSON of South H.R. 2874: Mr. KILDEE, Ms. RIVERS, Mrs. H.R. 4667: Mr. HUNTER. JONES of Ohio, and Mr. STENHOLM. Carolina, Ms. DUNN, Mr. BISHOP, Mr. TOM H.R. 4669: Mr. HASTINGS of Florida, Ms. H.R. 2953: Mr. QUINN, Mr. GILMAN, and Mr. DAVIS of Virginia, Mr. SHAYS, Mr. SHAW, Mr. WOOLSEY, and Ms. MILLENDER-MCDONALD. REYNOLDS. SCHAFFER, Mr. JEFFERSON, Ms. SLAUGHTER, H.R. 4670: Mr. PASTOR. H.R. 3131: Mr. TAUZIN, Ms. VELAZQUEZ, Mr. Mr. BENTSEN, Mr. OBERSTAR, Mr. UDALL of H.R. 4671: Mrs. MINK of Hawaii, Ms. SOLIS, DOYLE, Mr. GIBBONS, and Ms. PELOSI. Colorado, Mr. MCDERMOTT, Mr. THOMPSON of Mr. CUMMINGS, Ms. JACKSON-LEE of Texas, H.R. 3238: Mr. CROWLEY, Mr. DICKS, Mr. Mississippi, Mr. DICKS, Mr. KILDEE, Mr. LU- Mr. DEFAZIO, Mr. COYNE, Mr. HALL of Ohio, NEAL of Massachusetts, and Mr. GEKAS. THER, Mr. PRICE of North Carolina, Mr. Mr. JEFFERSON, Mr. BLAGOJEVICH, Mr. FROST, H.R. 3250: Mr. KENNEDY of Minnesota, Mr. RODRIGUEZ, Ms. CARSON of Indiana, Mr. PAS- Mr. EVANS, Mr. CONYERS, Mr. SCOTT, Mr. SOUDER, Mr. HASTINGS of Florida, and Ms. TOR, Mr. RANGEL, Mrs. MINK of Hawaii, Mr. MCGOVERN, Mr. SCHIFF, Mr. THOMPSON of HART. FILNER, Mr. BROWN of Ohio, and Mr. Mississippi, Ms. CARSON of Indiana, and Mrs. H.R. 3253: Mr. UDALL of New Mexico, Ms. FALEOMAVAEGA. MALONEY of New York. BERKLEY, Mr. SHOWS, Mr. SIMPSON, and Mr. H.R. 4078: Ms. MCCOLLUM. H.J. Res. 40: Mr. SPRATT. JEFF MILLER of Florida. H.R. 4084: Mr. CONYERS and Mr. SANDERS. H.J. Res. 86: Mr. OSE. H.R. 3267: Mr. BACA. H.R. 4085: Mr. GUTIERREZ, Mr. FOLEY, Mrs. H. Con. Res. 42: Mr. DINGELL. H.R. 3320: Ms. HART and Mr. BUYER. CAPPS, Mr. UDALL of New Mexico, Mr. H. Con. Res. 315: Mr. AKIN. H.R. 3321: Mr. PASTOR. STUMP, Ms. BERKLEY, and Mr. BILIRAKIS. H. Con. Res. 346: Mr. OWENS. H.R. 3360: Mrs. ROUKEMA. H.R. 4092: Ms. HART. H. Con. Res. 355: Mr. SHAYS, Mr. WEXLER, H.R. 3422: Mr. EVANS. H.R. 4112: Mr. STUPAK. Mr. LEVIN, Mr. WEINER, and Ms. BERKLEY.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.101 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2357 H. Con. Res. 385: Mr. LYNCH, Mr. HINCHEY, H. Res. 269: Mr. ROHRABACHER, Mr. DELETIONS OF SPONSORS FROM Mr. OWENS, Ms. SLAUGHTER, and Mr. WYNN. PASCRELL, Mr. MASCARA, Mr. TIBERI, Mr. PUBLIC BILLS AND RESOLUTIONS MARKEY, Mr. PALLONE, and Mr. CAPUANO. H. Con. Res. 394: Mr. FLAKE. Under clause 7 of rule XII, sponsors H. Con. Res. 398: Mr. GONZALEZ. H. Res. 393: Mrs. CAPPS, Mr. GILMAN, and were deleted from public bills and reso- H. Res. 98: Mrs. MALONEY of New York. Mr. CARDIN. lutions as follows: H. Res. 115: Mr. TURNER and Mr. KENNEDY H. Res. 410: Mr. PAYNE. H.R. 448: Mr. FILNER. of Rhode Island. H.R. 975: Mr. BACHUS.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.110 pfrm15 PsN: H09PT1 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, THURSDAY, MAY 9, 2002 No. 58 Senate The Senate met at 10 a.m. and was to the Senate from the President pro know she is Senator BYRD’s grand- called to order by the Honorable HIL- tempore (Mr. BYRD). daughter. We are excited for him and LARY RODHAM CLINTON, a Senator from The assistant legislative clerk read the entire family. the State of New York. the following letter: f U.S. SENATE, PRAYER PRESIDENT PRO TEMPORE, MEASURE PLACED ON THE The guest Chaplain, Commissioner Washington, DC, May 9, 2002. CALENDAR—S. 2485 John Busby, of the Salvation Army, of- To the Senate: Mr. REID. Madam President, I under- fered the following prayer: Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby stand S. 2485 is at the desk and is due Almighty God, we thank You for for a second reading. being the refuge and strength of our appoint the Honorable HILLARY RODHAM CLINTON, a Senator from the State of New The ACTING PRESIDENT pro tem- Nation during these last painful York, to perform the duties of the Chair. pore. That is correct. months. We praise You for the comfort ROBERT C. BYRD, Mr. REID. I ask that the bill be read You have given during our time of President pro tempore. for a second time, and I will then ob- deepest need. Mrs. CLINTON thereupon assumed ject to any further proceedings at this Faithful God, we ask Your blessing the chair as Acting President pro tem- time. upon our Senators. Give them wisdom pore. The ACTING PRESIDENT pro tem- and compassion as they lead our coun- pore. The clerk will read the bill by try. Give them wisdom to see the deep f title. physical and spiritual needs of many RECOGNITION OF THE ACTING The assistant legislative clerk read Americans. Give them courage to af- MAJORITY LEADER as follows: firm that faith in You gives meaning to human life and that service to human- The ACTING PRESIDENT pro tem- A bill (S. 2485) entitled the ‘‘Andean Trade Promotion and Drug Eradication Act.’’ ity is the best work we can do. pore. The acting majority leader is rec- We humbly ask You to help the Mem- ognized. The ACTING PRESIDENT pro tem- bers of the Senate make this great Na- f pore. Objection having been heard, the tion greater. May we all realize that bill will be placed on the calendar. the prosperity we enjoy in the United SCHEDULE Mr. REID. When the Chair turns to a States of America has come only by Mr. REID. Madam President, this period for morning business, I ask Your grace. Make us worthy stewards morning the Senate will be in a period unanimous consent the Senator from of that grace. Help us all to put into of morning business until 10:30 a.m., West Virginia, Mr. ROCKEFELLER, be action Your greatest commandment to with the time under the control of Sen- recognized for up to 7 minutes. That love God with all our heart, mind, ator STABENOW or her designee. will be out of Senator STABENOW’s strength and our neighbor as ourselves. At 10:30 a.m. the Senate will proceed time. This we pray in the name of Jesus to executive session to consider four The ACTING PRESIDENT pro tem- who set for us the example of service judicial nominations. At approxi- pore. Without objection, it is so or- above self. Amen. mately 11:30 a.m. the Senate will pro- dered. f ceed to vote on these nominations. f Following disposition of these nomi- PLEDGE OF ALLEGIANCE nations, the Senate will resume consid- RESERVATION OF LEADER TIME The Honorable HILLARY RODMAN eration of the trade bill. The ACTING PRESIDENT pro tem- CLINTON led the Pledge of Allegiance, f pore. Under the previous order, leader- as follows: ship time is reserved. I pledge allegiance to the Flag of the MARY ANNE MOORE CLARKSON f United States of America, and to the Repub- GIVES BIRTH lic for which it stands, one nation under God, MORNING BUSINESS indivisible, with liberty and justice for all. Mr. REID. Madam President, for all f of us who work here on a daily basis, The ACTING PRESIDENT pro tem- we congratulate Mary Anne Moore pore. Under the previous order, there APPOINTMENT OF ACTING Clarkson who, last night had a baby will now be a period for the transaction PRESIDENT PRO TEMPORE weighing more than 10 pounds. Mary of morning business not to extend be- The PRESIDING OFFICER. The Anne is here every day. We are excited yond the hour of 10:30 a.m., with Sen- clerk will please read a communication for her and her husband. Some of us ators permitted to speak for up to 10

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

S4085

. S4086 CONGRESSIONAL RECORD — SENATE May 9, 2002 minutes each and with the time to be istration then says: No, steelworkers countries out of section 201 that had to under the control of the Senator from cannot have health care benefits. pay tariffs because they were illegally Michigan, Ms. STABENOW, or her des- I do not understand how people come dumping steel in the United States and ignee. to think that way, what their value putting our workers out of work. He Under the previous order, the Sen- system is. But it is very clear in steel started to exempt different countries. ator from West Virginia is recognized. country that the President of the He has different requirements for f United States has abandoned the steel- that—again, I think in violation of the workers of America and that he has spirit, if not the letter, of the 1974 STEEL abandoned people who have been al- Trade Act. Mr. ROCKEFELLER. Madam Presi- ready thrown out of work and who have All of us have asked him to stop that. dent, yesterday the President made no health care benefits, and have chil- Again, he has washed his hands of very clear what we have all known for dren to feed, even as he contemplates steel. He has washed his hands, more a long time in steel country, and that reluctantly the idea of doing health importantly, of the steelworkers who is that he basically does not care care benefits for other eligible active can also be called human beings with whether the American steel industry workers. families—people. It doesn’t have to be goes to Japan, Korea, Brazil, Russia, or Let me say this. The President got a an industry. They are called human some other place; that he is willing to lot of credit in steel country for doing beings. They are Americans. They pay see it go as an industry but, much something called section 201. It was taxes. They do things right. They work more importantly in terms of my com- taking the dumping crisis, the illegal in a very dangerous industry. So do ments, that he is willing to consider dumping crisis, before the Inter- farmers. Is a farmer more vulnerable perhaps TAA health care benefits for national Trade Commission. He got a than a steelworker? I do not know. workers who have been destroyed by il- lot of credit for that. He pretty much Maybe a farmer is, but not where I legal importing problems. But steel- had to do that, I would say—on polit- come from. workers do not count. He specifically, ical grounds, No. 1. But more impor- I very much regret this action on his in his statement of administration pol- tantly, the Finance Committee had al- part. Let me conclude by saying this: icy, said: I don’t want steelworkers to ready voted to do it. The Finance Com- We now know that the President have any health care retirement—re- mittee has the same standing legally doesn’t have a commitment to steel- tirement in the sense they do not have under the law as does the President, so workers and to the steel industry. We any more health benefits. I don’t care it was going to happen anyway. So the know he has no regard for how people’s about them. I want the RECORD to be result would have been the same. The lives and entire communities are going crystal clear on that. International Trade Commission would to be affected. I have believed that for It is a sad position. It is a terrible have voted unanimously the steel in- a long time. Now it is proven. It is day for steel. Somebody is going to get dustry was grievously injured by im- clear. He is moving aggressively with up today, they are going to make a mo- ports and people were hurting badly. the help of some of our colleagues, un- He did that knowing that it would tion, and it is going to be a point of fortunately—most of them on the other make him somewhat popular in steel order probably. I don’t know when it side but a couple on this side—to sim- will happen, who will do it, or how it country because people were saying: Gee, we just solved the problem. It is ply walk away from steelworkers. will happen, but I want my colleagues I think that is a kind of betrayal by not even the beginning of the problem. to be aware of the situation. somebody who claimed to be a friend of Abandoning steelworkers, not allow- All that did was buy us time. We have three steps we have to ac- the steel industry. The President and ing them to have health care cov- complish. One is we have to do section the Vice President were in steel coun- erage—we are only talking about 201, which buys us time to consider try in my part of the world a number of 125,000 people as we start the process, health care costs, which we have to times saying how important steel was none of whom, incidentally, is from the consider if we are going to have con- to the national defense, how it is basic State I represent, the State of West solidation in the steel industry to pre- to Americans, and how they were not Virginia. But they are just being ex- serve an American steel industry. It is going to let them down. When push cluded from the process. sort of one of the great basic industries came to shove, they let them down. TAA is a wonderful program. We rec- of this country. They made it very clear. ognize when people are thrown out of We just passed a farm bill yesterday I want to be incisively precise about work due to imports, they need certain dumping billions and billions of dollars that as we start this Thursday so that protections. Health care certainly on farms for the hundredth consecutive the people of America understand that. needs to be one of those protections. year. Yet there was no consideration I don’t understand sometimes how Unfortunately, TAA does not cover, whatsoever for steelworkers. I find people make decisions and what their under its definition, retirees. It only that very odd, even as my colleagues value systems are, and what kind of covers active workers, not retirees. make these kinds of judgments. fairness is within the fair trade or free You say retirees, that must be some- So, No. 1, he did section 2101. He had trade system. But I do know this: The body who is in their seventies or to do that. He had no choice politically administration has abandoned any eighties, and we should not be doing or procedurally. It just bought us some semblance of fairness toward some very that here. But it is a very different sit- time. But we have to go on to retire- decent people in this country called uation in steel. A retiree in steel might ment health care costs. He has washed steelworkers. be 35 years old, but the company went his hands of that. He says: I want noth- I thank the Presiding Officer. I yield chapter 7. That means they turned out ing to do with it. He actually writes in the floor. the lights, closed the door, pink slips, the statement of administrative— The ACTING PRESIDENT pro tem- no health benefits, everything shut whatever the word is—practice that he pore. The Senator from Michigan. down—no bankruptcy problems, just no particularly opposes the majority lead- Ms. STABENOW. Madam President, I more existence. er’s amendment which would include commend my colleague from West Vir- The steelworkers go. They are called retired steelworkers. He makes that ginia for his diligence and compas- retirees, but in fact they are people, very clear. He wants them cut out of sionate concern for our steelworkers. younger than average age, but out of the deal. He wants them excluded. Coming from Michigan, I share his health care. That is only 125,000 and would prob- deep disappointment and concern about I think it is outrageous. The steel- ably cost $200 million or $300 million. the administration’s position. workers in fact were subjected to im- I think the farm bill we passed yes- I know the Senator from West Vir- port surges which broke American Fed- terday was $100 billion over 10 years. ginia has been in the Chamber over and eral law, the 1974 Trade Act. Other The proportion in sort of the human di- over again speaking up for our steel- countries did it at will. Our adminis- mension of this is rather extraor- workers. I thank him on behalf of the tration has refused to enforce that. So dinary. steelworkers in Michigan—those in the we have dumped steel, which has The President has also done a lot of Upper Peninsula, those downriver in thrown people out of work. The admin- tariff exclusions. He has taken a lot of communities near Detroit, and those May 9, 2002 CONGRESSIONAL RECORD — SENATE S4087 who were laid off for several months I am deeply concerned today as we expensive open-heart surgery and al- over the Christmas holidays as a result look at what has been proposed by our lows this person to be able to continue of the mines having to shut down be- colleagues on the other side of the Con- living and enjoying a wonderful quality cause of the unfair dumping from other gress, our Republican colleagues in the of life with his wife and family. countries. Our steelworkers and mills House have said that they wish to If he went in for that surgery, Medi- have been affected. lower the cost of prescription drugs care would cover it. They don’t cover I can’t think of a more passionate ad- now. Yet at the same time we see old the pill. So that is what we are talking vocate, and I am so proud to join with proposals to do minimal kinds of dis- about. But we need this to be com- him in his continuing fight. I will be counts through discount cards and so prehensive. here with him in the Chamber as we do on—things that are already available When our colleagues come forward, everything possible to make sure we which folks want to take political cred- and their second principle is guaran- remember the steelworkers, who have it for, maybe change the name or teeing all senior citizens prescription been the backbone of building this maybe put it under Medicare. But it drug coverage, we say: Yes, come join country, to make sure their health doesn’t do anything to actually lower with us. Let’s make it real. But, unfor- care costs are covered and they are rec- the prices and make prescription drugs tunately, when we run the numbers on ognized as we look at how we make more available. what is being talked about—and the trade fair in this country. I am very concerned when we come bill has not been introduced yet, but I thank the Senator. forward with proposals that will, in we have all kinds of information about f fact, lower prices that we are not yet what appears to be coming. From what seeing the support. we know, let me share with you some PRESCRIPTION DRUGS We want that support to be there to of the numbers. Ms. STABENOW. Madam President, I be able to use more generic drugs when If you are a senior or if you are dis- want to speak to an issue that relates they are available after the patent has abled and you have a $300-a-month pre- to health care. I am so honored to join run out—the same drug and the same scription drug bill, which is not uncom- with our colleagues, particularly on formulation—and at a lower price. mon, when you get all done with the this side of the aisle in the Democratic We want to have the ability to open copays and the premiums and the caucus, who continue to work very our borders so we can get the best price deductibles that they are talking hard to bring a sense of urgency to the of American-made drugs regardless of about, you would end up, out of $3,600 question of health care for our fami- where they are sold around the world. worth of prescriptions, paying, out of lies, to health care insurance, and to In Michigan, simply crossing the pocket, $2,920. So less than 20 percent affordability for our small businesses bridge to Canada, which is a 5-minute of your bill would be covered under and family farmers and the larger busi- drive, cuts the price in half on Amer- Medicare. ness community. ican-made drugs. It is not right. We That is not what we are talking We know today that one of the major think when we are talking about fair about. That is not comprehensive cov- costs economically and from a business trade we should open the border to the erage under Medicare. That is really a standpoint—and certainly for families, one thing that we don’t have fair and hoax. That is a proposal being put for- and particularly for our seniors—is the open trade on; that is, prescription ward to guarantee all seniors prescrip- whole question of being able to provide drugs. tion drug coverage that is words, not health care and being able to afford We also know the fastest growing actions. Again, words will not pay the health care for our families. part of the cost of that prescription bills. Words will not guarantee that We also know the major reason we bottle is advertising costs, and that the seniors get one more prescription cov- are seeing health care costs rise relates top 11 Fortune 500 companies, last ered, that they will get that blood pres- to the uncontrollable increase in pre- year, spent 21⁄2 times more on adver- sure medicine, that they will get that scription drug coverage. tising than research. cholesterol medicine, or make sure Today, I once again come to the floor I was pleased to join with my col- they have that pill that stops them to speak about the need for real action leagues earlier this week in intro- from having to have that open-heart now. ducing legislation to simply say: If you surgery. I challenge and invite our colleagues are doing more advertising than re- So we come today to this Chamber to on the other side of the aisle and those search, taxpayers are not going to sub- say: Yes, guarantee all seniors pre- in the other Chamber who have come sidize it. We will allow you to deduct scription drug coverage. But the pro- forward with principles—the Speaker the amount of advertising and mar- posal coming forward by the Speaker of of the House and those who will be keting that you do up to the level that the House, and those on the other side speaking today about a plan—to join you spend in research. We want more of this building, will not do it. Unfortu- with us in something that is real and research. We want more innovative nately, what is being talked about will tangible. drugs. We do not want more market re- add insult to injury because they are Words are not going to buy prescrip- search; we want more medical re- talking about paying for their less- tions for seniors. We know there are search. So we propose items to lower than-20-percent coverage by another seniors watching right now who are de- costs to help everyone, right now, to cut to hospitals. ciding today whether to pay that util- lower those prices. I know the Presiding Officer from ity bill or eat supper tonight or do they We also come forward saying it is New York shares the same concern I do those other things which they need time to update Medicare for today’s have because I know hospitals in New to do in order to have the quality of health care system. When Medicare York have been cut, hospitals in Michi- life we want for our parents and grand- was set up in 1965, it covered the way gan have been cut. My colleague from parents and older Americans of this health care was provided in 1965. If you Florida is in the Chamber. I know he country—or do they put all of their went into the hospital, maybe you had has the same stories—and our leader money into paying for lifesaving medi- a little penicillin, or maybe you had an from Nevada. We know that whether it cations? That is not a good choice. operation in the hospital, and Medicare is rural hospitals or urban hospitals or Shame on us for having a situation covered it. suburban hospitals, they have had where seniors have to make that Medicare is a great American success enough cuts under Medicare. It is unbe- choice. Yet when we come to the floor, story. But health care treatments have lievable we would be talking about an- we talk about the need for a real Medi- changed. I have a constituent who other cut for hospitals while they are care prescription drug benefit. And showed me a pill he takes once a proposing this minimal prescription when we talk about the need to lower month that has stopped him from hav- drug benefit. prices for all of our families and lower ing to have open-heart surgery. It is a The other thing I find incredible is prices for everyone so we have health great thing: One pill a month. The pill that they are talking about a copay of care available for everyone in this costs $400. I said: I want to take a close $50 for home health visits. We already country, we get more words than we look at that pill. I hope it is gold plat- have seen dramatic cuts. We have had get actions. ed. But the reality is, that pill stops over 2,500 home health agencies close S4088 CONGRESSIONAL RECORD — SENATE May 9, 2002 across this country because of the ex- care, because they are surrounded by that now has no surplus—we had about cessive cuts in home health care pay- family in their home. 14 months ago an ample surplus for the ments since 1997. Many of us have been The Bush administration now wants next decade—it is going to be very dif- saying: Enough is enough. to propose a new copayment. There- ficult. But we are going to have to face We cannot say that the home health fore, for senior citizens who are having that fact. And don’t talk about window help you need will cost more when we difficulty paying medical bills as it is, dressing of $190 billion over a decade are trying to give a little bit of help because Medicare does not cover every- because that is not going to cut it. For with prescription drugs because it is thing, now the Bush administration example, why don’t we step up to the the combination of home health care wants, in fact, them to pay more in plate on Medicare reimbursement? and prescription drugs that allows peo- order to be eligible for home health Look at the doctors and the hospitals ple to live at home when they have care? Have they taken leave of their that are having difficulty making it be- health care needs. It allows families to senses? cause Medicare is not reimbursing on a take care of mom or dad or grandpa or Take, for example, what the Senator realistic payment schedule. We are grandma, to make sure if someone is mentioned on prescription drugs. The going to have to address that. disabled and needs care at home, that Bush administration is saying: Oh, we I say to my colleague from the great they are not inappropriately placed want a prescription drug benefit. Well, State of Michigan, the fact is, eventu- into a nursing home or out-of-home certainly all of us do. Why? Because ally this country is going to have to care. The combination of home health Medicare was set up in 1965 when face the fact of health care reform in a care and affordable prescription medi- health care was organized around acute comprehensive way. What are we going cations will help our families care for care in hospitals. But 37 years later, to do about 44 million people in this their loved ones and help people to live health care is a lot different. Thank country who don’t have health insur- in dignity at home. the Good Lord for the miracles of mod- ance? The fact is, they don’t have So I find it incredible that you would ern medicine. health insurance, but they get health have, first of all, a minimal proposal on So to provide those miracles of mod- care. They get it at the most expensive prescription drugs coming forward, and ern medicine—otherwise known as pre- place, at the most expensive time; that then it would be coupled with the fact scription drugs—to our senior citizens, is, when they get sick. They end up in they are talking about cutting hos- we ought to be modernizing Medicare the emergency room, which is the most pitals and copays for home health care by adding a prescription drug benefit. expensive place at the most expensive to pay for it. This is an amazing situa- The administration says: Yes, we time because without preventative tion to me. want it. But they are saying, $190 bil- care, when the sniffles have turned into We need to be strengthening Medi- lion over 10 years. That is a drop in the pneumonia, the consequence is that the care, not undermining it. Many of the bucket. costs are so much higher. other parts of this proposal would turn The ACTING PRESIDENT pro tem- Ms. STABENOW. Will my colleague Medicare over to private insurance pore. Time for morning business has be willing to yield for a moment? companies. It would basically create a expired. Mr. NELSON of Florida. Certainly. situation where the drug companies or Mr. NELSON of Florida. Madam Ms. STABENOW. He raises such an insurance companies may believe they President, I ask unanimous consent important point about prevention. benefit but at the expense of our sen- that I may proceed for 5 additional That is why I know we care so much iors. minutes. about the issue of prescription drugs. I am going to yield a moment to my The ACTING PRESIDENT pro tem- By making prescription drugs available colleague from Florida, who I know pore. Is there objection? on the front end, that is part of that cares deeply about this subject. I thank Mr. REID. Madam President, that prevention, along with comprehensive him for coming to the floor today to would be fine. It may necessitate hav- care, making sure that people are able join me, as we rise to say to our Repub- ing the vote at 5 after rather than on to receive the medicine they need be- lican colleagues in the House of Rep- the hour. fore they get deathly sick and need to resentatives: Come join with us. Come Mr. LEAHY. I have no objection, pro- go into a hospital or need an operation. join with us to make sure we can, in vided we then still keep the period of fact, put the words into action. Words time prior to the next vote the same My colleague raises such an impor- are not enough. We need comprehen- amount of time and the vote will have tant point, and it is one of the reasons sive Medicare prescription drug cov- to slip 5 minutes. we are working so hard to make Medi- erage. We need to lower prices now. Mr. REID. I say to my friend from care available with prescription drugs I yield time to my colleague from Florida, I also got a nod from the mi- and to also lower the prices for every- Florida. nority that that is fine. We will ask one. Part of that prevention is making The ACTING PRESIDENT pro tem- that the vote be scheduled for 5 after 11 sure that seniors have access to the pore. The Senator from Florida. and that the Senator from Florida be medicine they need to prevent more se- Mr. NELSON of Florida. I thank the recognized for an additional 5 min- rious injuries and illnesses from hap- Senator from Michigan for yielding. I utes—I am sorry, 11:35. pening. want to underscore a number of the re- The ACTING PRESIDENT pro tem- Mr. NELSON of Florida. And com- marks the Senator from Michigan pore. Without objection, it is so or- prehensive health care reform has to made—this issue of health care, home dered. deal with the 40-plus million who don’t health care, and prescription drugs. The Senator from Florida. have health insurance by creating a I start my comments by saying, has Mr. NELSON of Florida. I thank my system whereby they are covered. That the Bush administration taken leave of colleagues. They are very generous then allows the principle of insurance its senses with regard to a number of with the time. I thank the Chair. to work for you because the principle these proposals? What the Senator I was talking about prescription of insurance is that you take the larg- from Michigan has just said in relation drugs and providing a realistic pre- est possible group to spread the health to copayments for home health care, scription drug benefit by modernizing risk, and when you do that, you bring home health care is something we want Medicare. We talked about a level in down the per-unit cost. Thus, any com- to encourage. Home health care is cer- the last campaign. This was a primary prehensive plan is going to have to tainly an alternative to being in a topic of concern. In every television de- have pooling of larger groups. It is nursing home from a cost standpoint. bate I had, this issue came up. The going to have to have consumer choice. It is certainly a cost incentive as an al- level we were talking about was in the It is going to have to have free market ternative to being in a hospital. But range of $300 to $350 billion for a pre- competition to get the most efficiency, home health care, if it is the right kind scription drug benefit over a 10-year and it is going to have to have uni- of medical care, is also a lot better period. versal coverage. quality of life for the patient than hav- The fact is, the escalating cost of I thank the Chair for the opportunity ing to be in a nursing home or a hos- prescription drugs is going to be more to join the debate on prescription pital, if that is the appropriate medical than that. Of course, with a budget drugs. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4089 CONCLUSION OF MORNING war on terrorism, support for strong other important matters. It was bad BUSINESS and effective law enforcement, or our enough when they utilized secret holds The ACTING PRESIDENT pro tem- effort to work collaboratively to lower and stalling tactics in considering pore. Morning business is closed. judicial vacancies. President Clinton’s moderate judicial For a bit of history, when the Demo- nominees, but now they bemoan the ju- f crats took over the full Judiciary Com- dicial vacancies that were created and EXECUTIVE SESSION mittee in July of last year, there were take no responsibility for creating 110 vacancies. My Republican col- these vacancies. They seek to blame leagues had not held any judicial con- others. It is really too bad that the NOMINATIONS OF LEONARD E. firmation hearings at all prior to the White House now appears to be reject- DAVIS TO BE U.S. DISTRICT time we took over, despite the fact ing all of our efforts—and they have JUDGE FOR THE EASTERN DIS- that there were a number of pending been significant—at reconciliation and TRICT OF TEXAS; ANDREW S. nominations when they first came into problem solving. Instead, the White HANEN TO BE U.S. DISTRICT power. Then there were, of course, House has joined the partisan attack. JUDGE FOR THE SOUTHERN DIS- nominations that President Bush sent The fact is, since last July, when we TRICT OF TEXAS; SAMUEL H. to the Senate in May. But as of July, took over the majority, we have been MAYS, JR. TO BE U.S. DISTRICT when we took over, the Republican- working hard to fill judicial vacancies. JUDGE FOR THE WESTERN DIS- controlled committee had not held any We have had more hearings on more ju- TRICT OF TENNESSEE; THOMAS hearings. Ten minutes after we took dicial nominees and confirmed more M. ROSE TO BE U.S. DISTRICT over the committee and I became judges than our Republican prede- JUDGE FOR THE SOUTHERN DIS- chairman, we announced hearings on a cessors ever did over any similar period TRICT OF OHIO number of the President’s nominees. of time. Actually, it is hard to know The ACTING PRESIDENT pro tem- I mention this to put in perspective when there was a similar period in pore. Under the previous order, the that we have tried to move quickly. We time. The Senate and the Judiciary hour of 10:35 having arrived, the Senate inherited 110 vacancies. Interestingly Committee had to work in the after- will now go into executive session and enough, most of the vacancies occurred math of the attacks of September 11 proceed to the consideration en bloc of while the Republicans were in control and we kept on meeting. We were in Executive Calendar Nos. 811, 812, 813, of the Senate, notwithstanding the fact this Chamber on September 12. We had and 814, which the clerk will report. that former President Clinton had the anthrax attacks on the Senate, on The assistant legislative clerk read nominated people to fill most of those Majority Leader DASCHLE and, I hate the nominations of Leonard E. Davis, vacancies. But those nominees were to say, one on me, as chairman of the of Texas, to be U.S. District Judge for never given a hearing. They were never Senate Judiciary Committee. The New the Eastern District of Texas; allowed, under Republican leadership, York Times reported it as the most Andrew S. Hanen, of Texas, to be U.S. to go forward. deadly of all. While working to fill ju- District Judge for the Southern Dis- Last Friday, when the Democratic dicial vacancies, we were also approv- trict of Texas; Senators were out of town on a long ing executive branch nominees—Attor- Samuel H. Mays, Jr., of Tennessee, to planned meeting, President Bush spoke ney General Ashcroft and others—and be U.S. District Judge for the Western about what he now calls the ‘‘judicial we were considering the Antiterrorism District of Tennessee; vacancy crisis.’’ I was disappointed Act. In my 28 years here, I have never Thomas M. Rose, of Ohio, to be U.S. that the White House speech writers known a time when the Judiciary Com- District Judge for the Southern Dis- chose a confrontational tone and tried mittee, or any committee, was hit with trict of Ohio. to blame the Democratic Senate ma- so many things that it had to do in The ACTING PRESIDENT pro tem- jority, which has actually been the ma- such a short period of time and under pore. Under the previous order, there jority in the Judiciary Committee for so much pressure. The Hart Building, will be 1 hour of debate on the nomina- only about 10 months. housing half of the Senators, was tions, to be equally divided between The fact is, we inherited 110 judicial closed down. At times, this building the chairman and ranking member of vacancies on July 10, 2001. The fact is, was closed down. Senator DASCHLE and the Judiciary Committee or their des- the increase in vacancies had not oc- I and our staffs were under actual ignees. curred on the watch of the Democratic physical attacks with the anthrax let- The Senator from Vermont. Senate majority but in the period be- ters. I mention that because this after- Mr. LEAHY. Madam President, today tween January 1995 and July 2001, when noon we are going to hold our 18th the Senate is considering, as the Chair the Republican majority on the com- hearing for judicial nominees within 10 has reported, four more of President mittee stalled President Clinton’s mod- months—unless, of course, the other Bush’s judicial nominees. We will begin erate nominees and overall vacancies side objects to our proceeding. voting on those nominees in about an rose by almost 75 percent—from 63 to By the end of today, the Senate will hour. 110. That is what we inherited because have confirmed 56 new judges, includ- I rarely predict the outcome of votes the other side would not hold hearings. ing 9 to the courts of appeals, within in the Senate. Having been here 28 Vacancies on the courts of appeals rose the last 10 tumultuous months—an all- years, I have had enough chances to be even more. They more than doubled, time record. wrong in my predictions, but I will pre- from 16 to 33. I am sorry that the White House and dict, with a degree of certitude, that I don’t expect President Bush to our Republican colleagues do not ac- these will be another four of President know these numbers or to be that in- knowledge our achievements but Bush’s judicial nominees that we will volved with them. But his staff does, choose, instead, to only criticize. I re- confirm. and when they write his speeches, they gret that the White House and our Re- These confirmations demonstrate, as ought to do him the favor of being publican colleagues will not acknowl- has been demonstrated with each of the truthful. They ought to know that the edge that the obstructionism of the Re- judges we have confirmed in the past Federal judiciary is supposed to be publican Senate majority between 1996 ten months, with the exception of one, independent and outside of partisan po- and 2001 is what created what they now that we have taken up nominees in the litical battles, and they should not term a ‘‘vacancy crisis.’’ Senate Judiciary Committee, that they have drawn him into one, which makes When they were engaged in those tac- have gone through the committee and, it even worse. tics, some Republicans defended their when they have reached the floor, have It is bad enough when Republicans in record then by arguing that 103 vacan- been confirmed. the Senate threaten and seek to in- cies was not a crisis. They actually did Democrats have demonstrated over timidate on this issue, but we are now that. They said in an op-ed piece that and over again that we are working being threatened with a shutdown of having 103 vacancies was not a crisis. with the President on fundamental the Senate’s business, a shutdown of They let it go to 110. issues that are important to this coun- committee hearings, a refusal to work The Democratic majority has cut try, whether it is our support for the together on unemployment, trade, and back those vacancies. We have not only S4090 CONGRESSIONAL RECORD — SENATE May 9, 2002 kept up with attrition, we have cut right-to-life issues than I and who have arose during the Clinton administra- them back. Under a Democratic Presi- taken different positions on the death tion and are a prime and unfortunate dent, some Republicans said 103 vacan- penalty. But I knew they would be fair legacy of recent Republican obstruc- cies was not a crisis, but now, with a judges. I will continue to do that. That tionist practices. Republican President, they say that 84 is our responsibility as Senators to our The confirmations of Justice Davis vacancies is a crisis—even as we con- country, to the judiciary, and to his- and Mr. Hanen will make the third and firm judges at a record pace. tory. fourth district court judgeships we I have been here with six Presi- With today’s votes, the number of have filled in Texas and the eighth and dents—Republican and Democrat. I Federal judges confirmed since the ninth judgeships we have filled overall have never seen a time when any White change in Senate majority 10 months in the Fifth Circuit since I became House has made the issue of the make- ago now totals 56. Under Democratic chairman last summer. Included among up of the Federal judiciary such a par- leadership, the Senate has confirmed those confirmations is the first new tisan issue. I am a lawyer, as is the dis- more judges in 10 months than were judge for the Fifth Circuit in 7 years. tinguished Presiding Officer. I have ar- confirmed by the Republican-con- On February 5, the Senate confirmed, gued cases before Federal courts, both trolled Senate in the 1996 and 1997 ses- by a vote of 93 to 0, Judge Philip Mar- at the district level and at the appel- sions combined. We have accomplished tinez of Texas to fill a judicial emer- late level. in less than 1 year what our prede- gency vacancy on the District Court One thing I have always known when cessors and critics took 2 years to do. for the Western District of Texas. On I walked into a Federal court in Amer- It took a staunchly Republican major- March 18, the Senate confirmed, by a ica is that it is an impartial court, ity 15 months working closely with the vote of 91 to 0, Robert (Randy) Crane to where you are not looked at as a Re- Reagan administration to reach this fill a judicial emergency vacancy on publican or a Democrat, whether you number of confirmations, confirma- the District Court for the Southern are rich or poor, whether you are white tions we have achieved in just 10 District of Texas. The Senate has con- or black, plaintiff or defendant, or lib- months. firmed Judge Kurt Engelhardt and eral, conservative or moderate. You Of course the ‘‘anniversary’’ of the Judge Jay Zainey to fill vacancies on can always go into a Federal court here reorganization of the Judiciary Com- the District Court for the Eastern Dis- and think that you will be treated on mittee after the shift in majority last trict of Louisiana. The Senate has con- the merits of your case. That is why I year is not until July 10, more than 2 firmed Judge Michael Mills to fill a va- regret the lack of balance and the bi- months from now. On July 10 last year cancy on the District Court for the partisan perspective that was lacking we inherited 110 judicial vacancies, in- Northern District of Mississippi. De- in the President’s speech and in the cluding 33 on the courts of appeals. spite the unfounded claim of some Re- comments of some of my colleagues. Since then, 30 additional vacancies, in- publicans that the Senate will not con- The Senate would do a disservice to cluding 5 on the courts of appeals have firm conservative Republicans, these the country if we allowed ideological arisen. This is an unusually large num- nominees were all confirmed and treat- court packing of the left or the right, if ber. Nonetheless, through hard work ed more fairly and expeditiously than we were to put a stamp on Federal and great effort, the Democratic ma- many of President Clinton’s nominees courts and say: ‘‘He who enters here, if jority in the Senate has proceeded with for the Federal Bench. you do not fit the ideological rubber 17 hearings involving 61 judicial nomi- Mr. Hanen was nominated to fill the stamp of this court, if you cannot re- nees, the committee has voted on 59 vacancy created by the retirement of spond and say you fit in a certain nominees, and, today, the Senate is set Judge Filemon B. Vela in May 2000. I mold, according to the speeches of the to hold its 18th hearing involving four recall just 2 years ago when Ricardo President’s advisers—a very narrow more judges and to approve four more Morado, who served as mayor of San ideological spectrum—forget about it new judges—bringing the working total Benito, TX, was nominated to fill this when you come in here.’’ If anybody to 56 confirmations in just 10 months. vacancy in the Southern District of would take time to read a history The number of judicial confirmations Texas and never received a hearing book, they would understand that it is over these past 10 months, 56, exceeds from the Republican-controlled Senate. the Senate’s role to ensure that the the number confirmed in 4 out of 6 full President Clinton nominated Ricardo judges it confirms meet the standards years under recent Republican leader- Morado on May 11, 2000, and his nomi- for impartiality and fairness. ship, during all 12 months of 2000, 1999, nation was returned to President Clin- A very popular President, a wartime 1997, and 1996. And we have confirmed ton without any action on December President, Franklin Delano Roosevelt, more judges at a faster pace than for 15, 2000. In filling a judicial emergency a revered President, tried to pack the all the years of Republican control. vacancy that has been pending for courts, and the Senate said: no, you Fifty-six confirmations exceeds the more than 700 days, Mr. Hanen will be cannot do that. Every historian will number of confirmations in the first the 17th judicial emergency vacancy tell you today: Thank goodness the year of the Reagan administration by a that we have filled since July and the Senate has stood up to a popular war- Republican Senate majority. It is al- 10th since the beginning of this session. time President and said you cannot most double the number of confirma- With the confirmation of Mr. Hansen, pack the courts because it would de- tions in the first year of the Clinton there will no longer be any vacancies stroy the independence of the Federal administration by a Democratic Senate on the District Court for the Southern judiciary. majority. And it is more than triple District of Texas, a Court which has I say this because sometimes we sit the number of judges confirmed for the faced an extraordinary caseload and here and think we have to decide on George H.W. Bush administration by a has the third highest number of filings issues just for today. We have a respon- Senate of the other party. In fact, with of criminal cases in the country. With sibility in the Senate to decide issues 56 confirmations for President George Judge Crane and Judge Hanen, we have for history’s sake and for the good of W. Bush, the Democratic-led Senate provided much needed help to this this country. I want to know that each has confirmed more judges than were court. one of us can go back to our constitu- confirmed in 7 of the 8 whole years of It was not long ago when the Senate ents and say that we have preserved an the Reagan administration, that Sen- was under Republican control, that it independent judiciary. That does not ator HATCH acknowledges as the all- took 943 days to confirm Judge Hilda mean just all one party. I have voted time leader in judicial appointments. Tagle to the United States District for hundreds upon hundreds of judges The confirmations of Justice Leonard Court for the Southern District of who stated that they were Republicans. Davis, Andrew Hanen, Samuel Mays, Texas. She was first nominated in Au- I have voted for hundreds of judges and Judge Thomas Rose today illus- gust 1995, but not confirmed until nominated by Republican Presidents. trate the progress being made under March 1998. When the final vote came, But I will not allow an ideological shift Democratic leadership, and the fair and she was confirmed by unanimous con- one way or the other on the courts. expeditious way in which we have con- sent and without a single negative I have voted for judges whom I know sidered nominees. Many of the vacan- vote, after having been stalled for al- have a different personal view on the cies that will be filled by today’s votes most 3 years. I recall the nomination of May 9, 2002 CONGRESSIONAL RECORD — SENATE S4091 Michael Schattman to a vacancy on Clinton. Judge Helene White of the sixth circuit, we held the first hearing the Northern District of Texas. He Michigan Court of Appeals was nomi- on a sixth circuit nomination in almost never got a hearing and was never nated in January 1997 and did not re- 5 years. And, with the confirmations of acted upon, while his nomination lan- ceive a hearing on her nomination dur- Judge Rose and Mr. Mays, we have now guished for over two years. These are ing the more than 1,500 days before her confirmed all the nominees to the dis- district court nominations that could nomination was withdrawn by Presi- trict courts in the sixth circuit for have helped respond to increased fil- dent Bush in March of last year. Kath- whom we have received nominations. I ings in the trial courts if acted upon by leen McCree Lewis, a distinguished note that the White House has still not the Senate over the last several years. lawyer from a prestigious Michigan law sent nominees for the six remaining va- In addition to these nominees, the Re- firm, also did not receive a hearing on cancies that exist on the district publican-led Senate failed to provide her 1999 nomination to the sixth circuit courts in the sixth circuit. any hearings on nominees to the Court during the years it was pending before As our action today demonstrates, of Appeals for the Fifth Circuit, which it was withdrawn by President Bush in again, we are moving at a fast pace to includes Texas, during the entire 6 March 2001. Professor Kent Markus, an- fill judicial vacancies with nominees years of their majority in the Clinton other outstanding nominee to a va- who have strong bipartisan support. administration. cancy on the sixth circuit that arose in Partisan critics of these accomplish- Many of the vacancies in the Fifth 1999, never received a hearing on his ments ignore the facts. The facts are that we are confirming President Circuit are longstanding. For example, nomination before his nomination was Bush’s nominees at a faster pace than despite the fact that President Clinton returned to President Clinton without the nominees of prior presidents, in- nominated Jorge Rangel, a distin- action in December 2000. cluding those who worked closely with guished Hispanic attorney, to fill a Some on the other side of the aisle fifth circuit vacancy in July 1997, Mr. a Senate majority of the same political held these seats open for years for an- party. Rangel never received a hearing and other President to fill, instead of pro- his nomination was returned to the The rate of confirmation in the past ceeding fairly on consensus nominees. President without Senate action at the 10 months actually exceeds the rates of Some were unwilling to move forward end of 1998. On September 16, 1999, confirmation in the past three presi- knowing that retirements and attrition President Clinton nominated Enrique dencies. For example, in the first 15 would create four additional seats that Moreno, another outstanding Hispanic months of the Clinton administration, would arise naturally for the next attorney, to fill a vacancy on the fifth 46 judicial nominees were confirmed, a President. That is why there are now circuit but that nominee never re- pace on average of 3.1 per month. In eight vacancies on the sixth circuit. ceived a hearing either. When Presi- the first 15 months of the first Bush ad- That is why it is half empty or half dent Bush took office last January, he ministration, judges were confirmed at full. withdrew the nomination of Enrique a pace of 1.8 judges per month. Even in Moreno to the fifth circuit. Long before some of the recent voices the first 15 months of the Reagan ad- The surge of vacancies created on the of concern were raised about the vacan- ministration, when a staunchly Repub- Republicans’ watch is being cleaned up cies on that court, Democratic Sen- lican majority in the Senate was work- under Democratic leadership in the ators in 1997, 1998, 1999, and 2000 im- ing closely with a Republican Presi- Senate. The Senate received Justice plored the Republican majority to give dent, 54 judges were confirmed, a pace Davis’s and Mr. Hanen’s nominations the sixth circuit nominees hearings. of 3.6 per month. In fewer than 10 the last week in January. Their ABA Those requests, not just for the sake of months since the shift to a Democratic peer reviews were not received by the the nominees but for the sake of the majority in the Senate, President committee until late March and early public’s business before the court, were George W. Bush’s judicial nominees April. Both participated in a confirma- ignored. Numerous articles and edi- have been confirmed at a rate of 5.6 tion hearing on April 25, were consid- torials urged the Republican leadership judges per month, a faster pace than ered and reported by the committee to act on those nominations. Fourteen for any of the past three Presidents. last week and are being considered and former presidents of the Michigan During the 61⁄2 years of Republican confirmed by the Senate today. State Bar pleaded for hearings on those control of the Senate, judicial con- Justice Davis has been serving as nominations. firmations averaged 38 per year—a pace Chief Justice of the Court of Appeals in The former chief judge of the sixth of consideration and confirmation that Tyler, TX, since 2000 and has extensive circuit, Judge Gilbert Merritt, wrote to we have already exceeded under Demo- experience practicing as a litigator be- the Judiciary Committee chairman cratic leadership over these past 10 fore State and Federal courts. Mr. years ago to ask that the nominees get months in spite of all of the challenges Hanen has legal experience working as hearings and that the vacancies be facing Congress and the Nation during a civil trial attorney and in private filled. The chief judge noted that, with this period and all of the obstacles Re- practice for over 20 years, and has been four vacancies—the four vacancies that publicans have placed in our path. As a leader in establishing programs to arose in the Clinton administration— of today, we have confirmed 56 judicial serve the needs of the disadvantaged. the sixth circuit ‘‘is hurting badly and nominees in fewer than 10 months. This The confirmations of Mr. Mays of will not be able to keep up with its is more than twice as many confirma- Tennessee and Judge Rose of Ohio, will work load due to the fact that the Sen- tions as George W. Bush’s father had fill two judgeships in the sixth circuit. ate Judiciary Committee has acted on over a longer period—27 nominees in 15 They will make the fourth and fifth none of the nominations to our Court.’’ months—than the period we have been district court judgeships we have filled He predicted: in the majority in the Senate. overall in the sixth circuit since I be- By the time the next President is inaugu- The Republican critics typically came chairman last summer, including rated, there will be six vacancies on the compare apples to oranges to the three earlier confirmations from court of appeals. Almost half of the court mischaracterize the achievements of Kentucky. will be vacant and will remain so for most of the last 10 months. They complain that The Sixth Circuit Court of Appeals 2001 due to the exigencies of the nomination we have not done 24 months of work in currently has eight vacancies, many of process. Although the President has nomi- the 10 months we have been in the ma- which are longstanding. Six of those nated candidates, the Senate has refused to jority. Ironically, with today’s con- vacancies arose before the Judiciary take a vote on any of them. firmations, we even meet that unfair Committee was permitted to reorga- Nonetheless, no sixth circuit hear- standard: Within the last 10 months we nize after the change in majority last ings were held in the last 3 years of the have confirmed more judges than were summer. None, zero, not one of the Clinton administration, despite these confirmed by the Republican majority Clinton nominees to those vacancies on pleas. Not one. Since the shift in ma- in the entire 1996 congressional session the sixth circuit received a hearing by jority the situation has been exacer- and in all of 1997 combined—we have the Judiciary Committee under Repub- bated as two additional vacancies have now exceeded their 2-year figure in 10 lican leadership. arisen. months. One of those seats has been vacant With our April 25 hearing on the A fair examination of the rate of con- since 1995, the first term of President nomination of Judge Gibbons to the firmation shows that Democrats are S4092 CONGRESSIONAL RECORD — SENATE May 9, 2002 working harder and faster on judicial utes of the reorganization of the Sen- and balances of our system of govern- nominees, confirming judges at a faster ate and held that hearing on the day ment that does not give the power to pace than the rates of the past 20 years. after the committee was assigned new make lifetime appointments to one The double standards asserted by Re- members. person alone to remake the courts publican critics are just plain wrong That initial hearing included two dis- along narrow ideological lines, to pack and unfair, but that does not seem to trict court nominees and a court of ap- the courts with judges whose views are matter to Republicans intent on criti- peal nominee on whom the Republican outside of the mainstream of legal cizing and belittling every achieve- majority had refused to hold a hearing thought, and whose decisions would ment of the Senate under a Democratic the year before. Within 2 weeks of the further divide our nation. The Senate majority. first hearing, we held a second hearing should not and will not rubber stamp The Republican attack is based on on judicial nominations that included nominees who would undermine the the unfounded notion that the Senate another court of appeals nominee. I did independence and fairness of our Fed- has not kept up with attrition on the try to schedule some district court eral courts. It is our responsibility to district courts and the courts of ap- nominees for that hearing, but none of preserve a fair, impartial and inde- peals. Well, the Democratic majority the files of the seven district court pendent judiciary for all Americans, of in the Senate has not only been keep- nominees pending before the com- all races, all religions, whether rich or ing up with attrition but outpacing it, mittee was complete. Similarly, in the poor, whether Democrat or Republican. and we have started to move the vacan- unprecedented hearings we held for ju- Some on the other side of the aisle cies numbers in the right direction— dicial nominees during the August re- have falsely charged that if a nominee down. By contrast, from January 1995 cess, we attempted to schedule addi- has a record as a conservative Repub- when the Republican majority took tional district court nominees but we lican, he will not be considered by the over control of the Senate until July could not do so if their paperwork was committee. That is simply untrue. 2001, when the new Democratic major- not complete. Had we had cooperation Take, for example, the nomination of ity was allowed to reorganize, Federal from the Republican majority and the Mr. Mays. Mr. Mays has been involved judicial vacancies rose by almost 75 White House in our efforts, we could in more than 50 political campaigns on percent, from 63 to 110. When Members have held even more hearings for more behalf of Republican candidates for were finally allowed to be assigned to district court nominees. Nevertheless, President, Senate, Governor, and local committees on July 10, we began with including our hearing scheduled for offices. He is a member of the Repub- 110 judicial vacancies. this week, in 10 tumultuous months, lican National Lawyers Association. He With today’s confirmations of Jus- the committee will have held 18 hear- was a delegate to the Republican Na- tice Davis, Mr. Hanen, Judge Rose, and ings involving 65 judicial nominations. tional Convention in 2000, and he was Mr. Mays, we have reduced the overall The Senate Judiciary Committee is on the Executive Committee of the number of judicial vacancies to 84. Al- holding regular hearings on judicial Tennessee Republican Party from 1986 ready, in fewer than 10 months in the nominees and giving nominees a vote through 1990. Thus, it would be wrong majority, we more than kept up with in committee, in contrast to the prac- to claim that we will not consider attrition and begun to close the judi- tice of anonymous holds and other ob- President George W. Bush’s nominees cial vacancies gap that grew so enor- structionist tactics employed by some with conservative credentials. We have mous under the Republican majority. during the period of Republican con- done so repeatedly. Under Democratic leadership, we have trol. The Democratic majority has re- The next time Republican critics are reduced the number of district court formed the process and practices used bandying around charges that the vacancies by nearly 30 percent and the in the past to deny committee Democratic majority has failed to con- overall number of judicial vacancies by consideraiton of judicial nominees. We sider conservative judicial nominees, I nearly 25 percent. are moving away from the anonymous hope someone will ask those critics Overall, in 10 months, the Senate Ju- holds that so dominated the process about Mr. Mays, or all the Federalist diciary Committee has held 17 hearings from 1996 through 2000. We have made Society members and Republican Party involving 61 judicial nominations and home State Senators’ blue slips public activists this Senate has already con- is scheduled this afternoon to hold its for the first time. firmed. I certainly do not believe that 18th hearing today involving four more I do not mean by my comments to President Bush has appointed 56 liberal judicial nominees. That is more hear- appear critical of Senator HATCH. Many judges and neither does the White ings on judges than the Republican ma- times during the 61⁄2 years he chaired House. jority held in any year of its control of the Judiciary Committee, I observed The committee continues to try to the Senate—twice as many as they that, were the matter left up to us, we accommodate Senators from both sides held during some full years. Recall would have made more progress on of the aisle. The court of appeals nomi- that one-sixth of President Clinton’s more judicial nominees. I thanked him nees included at hearings so far this judicial nominees—more than 50— during those years for his efforts. I year have been at the request of Sen- never got a committee hearing and know that he would have liked to have ators GRASSLEY, LOTT, SPECTER, ENZI, committee vote from the Republican been able to do more and not have to SMITH, and THOMPSON, six Republican majority, which perpetuated long- leave so many vacancies and so many Senators who each sought a prompt standing vacancies into this year. nominees without action. hearing on a court of appeals nominee Despite the new-found concern from I hope to hold additional hearings who was not among those initially sent across the aisle about the number of and make additional progress on judi- to the Senate in May 2001. judicial vacancies, no nominations cial nominees. In our efforts to address The whipsawing by the other side is hearings were held while the Repub- the number of vacancies on the circuit truly remarkable. When we proceed on licans controlled the Senate during the courts we inherited from the Repub- nominees that they support and on first half of last year. No judges were licans and to respond to what the whom they seek action, we are criti- confirmed during that time from President, Vice President CHENEY and cized for not acting on others. When we among the many qualified circuit court Senator HATCH now call a vacancy cri- direct our effort to trying to solve nominees received by the Senate on sis, the committee has focused on con- problems in one circuit, they complain January 3, 2001, or from among the sensus nominees. This will help end the that we are not acting in another. nominations received by the Senate on crisis caused by Republican delay and Since these multiple problems arose on May 9, 2001. obstruction by confirming as many of their watch while they were in the ma- The Democratic leadership acted the President’s judicial nominees as jority, it is a bit like the arsonist who promptly to address the number of dis- quickly as possible. complains that the local fire depart- trict and circuit vacancies that had Most Senators understand that the ment is not responding fast enough to been allowed to grow when the Senate more controversial nominees require all of his destructive antics. was in Republican control. The Judici- greater review. This process of careful I imagine that today we will be hear- ary Committee noticed the fist hearing review is part of our democratic proc- ing a refrain about the most controver- on judicial nominations within 10 min- ess. It is a critical part of the checks sial of President Bush’s nominees who May 9, 2002 CONGRESSIONAL RECORD — SENATE S4093 have not yet participated in a hearing. have seen the light of day in past dis- Court of Appeals. We confirmed Ninth Some of them do not have the nec- cussions of confirmations. Circuit nominees such as Judge Marcia essary home-State Senate support First, there is a seemingly immortal Berzon, Judge Richard Paez, Judge needed to proceed. Some will take a myth around here that it was the Re- Margaret Morrow, and Judge Willie great deal of time and effort for the publicans who created the current va- Fletcher, and I could go on down the committee to consider. In spite of all cancy crisis by stalling President Clin- line. These nominees were confirmed we have done and all we are doing, our ton’s nominees. That is purely and un- with my support as chairman. I can partisan critics will act as if we have mistakably false. The fact is, the num- tell you not a single one of these would not held a single hearing on a single ju- ber of judicial vacancies decreased by 3 be characterized, by any measure of dicial nominee. They will not acknowl- during the 6 years of Republican lead- the imagination, as nominees with po- edge their role in creating what they ership while I was chairman over what litical ideology within the moderate now call a judicial vacancies crisis. it was when the Democrats controlled. mainstream. I have personal political They will not apologize for their harsh There were 70 vacancies when I be- views almost completely opposite tactics in the 61⁄2 years that preceded came chairman of the Judiciary Com- them, but they were confirmed. the shift in majority. They will not ac- mittee in January of 1995 and President I applied no litmus test to them. I re- knowledge that the Democratic major- Clinton was in office, and there were 67 viewed them on their legal capabilities ity has moved faster on more judges at the close of the 106th Congress in and qualifications to be a judge, and than they ever did. They will not ac- December 2000 and the end of President that is all I am asking from the Demo- knowledge that we have been working Clinton’s Presidency. The Republicans crat majority. That is not what is hap- at a record pace to seek to solve the did not create or even add to the cur- pening. It is clear there is this whole- problems they created. rent vacancy crisis. sale, calculated, slow-walking of Presi- Each of the 56 nominees confirmed by Each Member of this Senate is enti- dent Bush’s nominees and particularly the Senate has received the unani- tled to his or her opinion on what hap- for the circuit court nominees. mous, bipartisan backing of the com- pened, but not to his or her own set of Last year on this very day, May 9, we mittee. Today’s confirmations make facts. Enron-type accounting should had 31 vacancies in the circuit courts the 53rd through 56th judicial nominees not be employed regardless of which of appeals. Today there are 29—2 fewer. to be confirmed since I became chair- liberal interest group is insisting on it We are not making a lot of headway on man last July. I would like to com- when we are talking about something these very important circuit court mend the members of the Judiciary as serious as our independent judiciary. nominations. Committee and our Majority Leader Second, there has been considerable I might add, yes, it took a lengthy Senator DASCHLE and Assistant Major- sleight of hand when it comes to the period to go through some of these ity Leader Senator REID for all of their true overall record of President Clin- nominees. Sometimes it was because hard work in getting us to this point. ton’s nominations. I worked well with objections were made; sometimes it The confirmation of the 56th judge in President Clinton. I did everything in was because of further investigation 10 months, especially these last 10 my power to help him with his nomina- that had to occur; sometimes it was months, in spite of the unfair and per- tions. One person does not control ev- just because I had to fight with my sonal criticism to which they have erything, but I did everything I knew own caucus to get them through. But each been subjected, is an extraor- how. they did get through. dinary achievement and a real example The undisputed fact is that Repub- The third point I wish to make is of Democratic Senators acting in a bi- licans treated a Democratic President that an illusion has been created out of partisan way even when some on the equally as well as they did a Repub- thin air that the Republicans left an other side have continued to make our lican. We did not use any litmus tests, undue number of nominees pending in a efforts toward progress as difficult as regardless of our personal views, committee without votes at the end of possible. whether it was abortion, religion, race, the Clinton administration. Again, I again invite the President to join or personal ideology. I am disappointed more Arthur Andersen accountings. with us to fill the remaining judicial to note that seems to be precisely what Get ready for the truth. vacancies as quickly as possible with is happening with the Democrat-con- There were 41 such nominees—I re- qualified, consensus nominees, nomi- trolled Senate now. peat, 41—which is 13 fewer than the 54 nees chosen from the mainstream and Let’s be honest and look at the facts. whom Democrats who controlled the not for their ideological orientation, During President Clinton’s 8 years in Senate in 1992 left at the end of the nominees who will be fair and impar- office, the Senate confirmed 377 judges, first Bush administration. That is 41 tial judges and will ensure that an essentially the same as, only 5 fewer under my chairmanship and 54 under independent judiciary is the people’s than, the all-time confirmation cham- the Democrat-controlled Senate in bulwark against a loss of their free- pion, Ronald Reagan, who had 382. 1992, at the end of the first Bush ad- doms and rights. President Reagan enjoyed 6 years of his ministration. The PRESIDING OFFICER. The Sen- own party controlling the Senate, My fourth point is, as you can see ator from Utah is recognized. while President Clinton had only 2. from this particular chart, I believe Mr. HATCH. Mr. President, I am President Clinton had to put up with 6 President Bush is being treated very grateful for this opportunity to talk years of a Republican-controlled Sen- unfairly. I will try to point this out. about some of the things that are going ate. President Reagan and the first Presi- on with regard to judges. This proves that the Republicans did dent Bush got all of their first 11 cir- I believe that my chairmanship of not let partisanship get in the way of cuit court nominees confirmed. All 11 the Senate Judiciary Committee and principle when it came to judicial were confirmed well within one year of the record we established during the nominations. True, there were indi- their nominations. This is a stark con- Clinton administration have been vi- vidual instances where a handful of trast to today: 8 of current President ciously attacked through the last num- nominees did not move, but it was Bush’s first 11 nominations are still ber of months. There seem to be a num- nothing like the systematic and cal- pending without a hearing, despite ber of illusions floating around Capitol culated stalling tactics being employed being here for a whole year at the end Hill relating to this committee’s han- by this Democratic Senate to stop of yesterday. All have their ABA rat- dling of judges during my tenure. President Bush’s highly qualified nomi- ings. All are rated either well qualified, I am here to set the record straight. nees. the highest rating possible, or quali- I am here to help everybody else know At this point, I should also add the fied, a high rating, and all but one have what that record is. Clinton nominees we confirmed were their home State Senators’ support, The Democrats are in power. They no mainstream moderates as some of and that one is a North Carolina nomi- set the pace and agenda for such nomi- us have been led to believe. We con- nee for whom Senator EDWARDS has yet nation hearings, and they have a right firmed nominees—and I am going to to return a blue slip. to do so. I want to shine a candle mention four—in one circuit; all four I might add that the North Carolina through five points that never seem to were moved up to the Ninth Circuit nominee was nominated in the first S4094 CONGRESSIONAL RECORD — SENATE May 9, 2002 Bush administration. So he has been take on a life of their own and how nominees who might be in the same pending for over 10 years. John Rob- they can take away the life from their circumstance. erts—who is considered one of the two victims. I urge and call upon the Democratic or three greatest appellate lawyers in By the time I became chairman, I majority to show some leadership and this country by everybody who knows was determined to change the process put partisanship and the politics of intimately what he has done, both that had gotten so vicious. I worked to personal destruction behind. Give fair Democrats and Republicans—has been restore dignity back to the nomina- hearings and confirmations of qualified sitting here for 1 solid year. tions process both in the Committee nominees and keep the judiciary inde- My fifth point, shown in this chart, is and the Senate. I championed the cause pendent, as our forefathers intended. that President Clinton had the privi- of President Clinton’s Supreme Court Keep the left-wing interest groups out lege of seeing 97 of his first judicial nominee Ruth Bader Ginsburg, even of the nominations process. Do not let nominees confirmed. The average time though she was criticized by many as a them smear our people. from nomination to confirmation was liberal activist and was a former gen- I will introduce some of the nominees 93 days. Such a record was par for the eral counsel of the ACLU, nothing that that have been held hostage in the Ju- course until the current Senate leader- bothered me. I used my influence to diciary Committee this whole year. ship took over last year. President quiet her detractors. I helped secure John Roberts, who is one of the most Reagan got 97 of his first 100 judicial her vote of 96 to 3. qualified and respected appellate law- nominations confirmed in an average Under my chairmanship, I ended the yers in this country, has argued 37 of 36 days. Again, he had 6 years of a practice of inviting witnesses to come cases before the Supreme Court. He Republican Senate to help him. Presi- into hearings to disparage the district just won a Supreme Court case 2 weeks dent H.W. Bush saw 95 of his first 100 court and circuit court nominees. In ago for environmentalists. That was a confirmed in an average of 78 days, and other words, I would not allow an out- historic property rights case. Miguel for most of his tenure he had a Demo- side group to come in. And there were Estrada, who is a true American suc- crat-controlled Senate. plenty of them that wanted to. I dealt cess story, arrived in this country from The ground rules obviously have been with the FBI background issues in pri- Honduras as a teenager, taught himself changed as the extreme interest groups vate conference with Senators, never English, graduated with high honors have reportedly instructed my Demo- mentioning them in public hearings. from both Columbia and Harvard Law cratic colleagues. As we sit here today, Now that is a practice I am concerned School, and has argued 15 cases before the Senate has confirmed only 52—only has not been followed. the U.S. Supreme Court—an excep- 52—not the 97 President Clinton got, It is a matter of great concern be- tional Hispanic young man. but only 52 of President Bush’s first 100 cause sometimes we do have to delay a Professor Michael McConnell, from nominees, and the average number of hearing. We may have to put off some my State of Utah, one of the greatest days to confirm these nominees is over things because of further investigation, legal minds of our generation, is sup- 150 and increasing every day. which may turn out be innocuous, or ported by top liberal legal scholars The reason I mention these five because of some serious charges that Laurence Tribe of Harvard, Cass points is that there are some people were raised, or because of something Sunstein of Chicago Law School, and who read the title of what we are doing that has arisen that needs to be dis- many others. He is widely known to today, and they hear what my col- cussed. Anytime somebody indicates possess all the intelligence, tempera- leagues have to say, and ignore the fact we have to put off a hearing because of ment, and personal qualities that can that, of President Bush’s first 11 nomi- an FBI report—that essentially comes make for an outstanding judge. nations, only 3 of them have gotten down to telling everybody in the world. Jeffrey Sutton, a top legal advocate through. Those 11 were made on May 9 At the very least, it makes the public who graduated first in his class at the of last year. There is no historical jus- draw the conclusion that there must be Ohio State College of Law, served as a tification for blocking President Bush’s something wrong with this nominee. Of law clerk to the U.S. Supreme Court. choices for the Federal judiciary. First, course, in most cases there is not. There they are: John Roberts, Miguel I do not want to accuse my colleagues Now I told interest groups, even the Estrada, Michael McConnell, and Jef- on the other side of doing that. ones with which I agree and whose frey Sutton on the top of this chart. Second, there simply is no historic work I like in other areas, that they I will go a little bit further. Then justification for blocking President were not welcome to come in and there is Deborah Cook at the Sixth Cir- Bush’s first 11 or first 100 judicial smear Clinton nominees. I refused to cuit, who has overcome formidable ob- nominees. Nor is there any truth to the alter the 200-year tradition of deference stacles in her personal life and legal myth that the vacancies we have today to Presidents by shifting the burden career, including breaking a glass ceil- were caused by the Republican Senate. onto nominees, and I informed the ing when she became the first female They were caused by retiring judges. In White House of problems that could, if attorney in her law firm. She has other words, anything conjured up made public, lead a nominee to a served with distinction on the Ohio from the past and dressed up as a rea- humiliating vote so that the nominee State Supreme Court. son to thwart the requests of President could withdraw rather than face that Then there is Judge Dennis Shedd. Bush should be dismissed. fate. These are the reasons we were He has a long and admirable record in Now I want to switch gears a little able to confirm 377 Clinton nominees. public service. He was chief of staff of bit and say something I consider to be Anybody who thinks they were with- the Senate Judiciary Committee, and personal, even though it has had—and in the mainstream did not look at he is now a judge on the Federal dis- still could have—a lot of bearing on those nominees. We included some trict court. He already knows his way this process. Back before I became pretty contentious ones, such as the around the Fourth Circuit Court of Ap- chairman of the Judiciary Committee ones I have mentioned earlier in my re- peals where he has been nominated to in 1995, I was personally affected by marks, and I only mentioned four be- serve because he has already been des- several events that occurred under the cause they were from the one circuit. I ignated by that court to hear over 30 of auspices of advise and consent. These could mention many. If we had applied their cases and write a number of opin- events included the mistreatment of the same litmus tests as our colleagues ions. I should also note that Judge nominees including Sessions, Bork, are applying to President Bush’s Shedd has the bipartisan support of Thomas, Ryskamp, Rehnquist, and oth- judges, very few of President Clinton’s both home State Senators. ers. In fact, even Justice Souter was nominees would have gotten through. Then there is Priscilla Owen of not treated really well when he came I worked to get them confirmed. I Texas, who is a litigator with 17 years’ before the committee, and the main stuck my neck out for them, and I still experience and currently serving her reason was they thought he might be believe to this day I did the right 7th year as a justice on the Texas Su- anti-abortion. thing, even though I am increasingly preme Court. She is only the second I saw how politics can affect the pessimistic that someone on the other woman even to sit on that bench. She human spirit both in success and de- side of the aisle will step up to the has been sitting, as have all these oth- feat. I saw how baseless allegations can plate and reciprocate for any Bush ers, for over a year now. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4095 Last but certainly not least, there is mittee, has been here for almost a year Baker, Donelson, Bearman & Caldwell. Judge Terrence Boyle, a judge with 14 and will not get a vote today; and Mr. Mays became a partner in 1979. His years’ experience, who is a thoughtful, Judge Michael McConnell, who some law practice ranged from trial work— fair, and nonpartisan jurist who has say is probably one of the two or three where he represented clients such as been waiting for a hearing for 11 years, greatest legal geniuses in the country, small, family-owned businesses in liti- ever since the first President Bush is still without a hearing—and I am gation matters—to banking and health nominated him in 1991, and who has ranking member. care transactions. been designated to sit with the Fourth This is bothering me to a large de- In 1995 Mr. Mays entered government Circuit Court during 12 terms and has gree because I do not treat my col- service as Tennessee Governor written more than 20 circuit court leagues on the other side the way they Sunquist’s legal counsel. Here his re- opinions. That is how much they have are treating our nominees. I believe it sponsibilities included reviewing all honored him. He was nominated, as I has to change. I will do everything in legislation requiring the Governor’s ap- say, over 10 years ago and still has not my power to change it. Should we get proval; reviewing all clemency matters had a hearing. back in the majority, I will move to do and extraditions; advising the Gov- These are all superbly qualified, a lot better job than has ever been done ernor on matters of judicial adminis- mainstream jurists who are committed before and, hopefully, we can correct tration; reviewing and recommending to the principle that judges should fol- some of the ills that we have all com- all judicial appointments; and super- low the law and not make it up from plained about in the past. vising, on behalf of the Governor, all the bench. They are also President We have a 100-person body and it is litigation to which the State of Ten- Bush’s selections. They enjoy bipar- not easy sometimes to get people nessee was a party. tisan support. They are not ideologues. through. I have to say, in comparison, In 1997, recognizing Mr. Mays’ hard The Senate Democrats who are block- we treated President Clinton’s nomi- work and legal talents, Governor ing them from having hearings should nees fairly. There are some excep- Sunquist promoted him to Deputy to treat these nominees and the President tions—I have to admit; there always the Governor and Chief of Staff. As who nominated them with fairness. I are—whether the Democrats or Repub- Chief of Staff, Mr. Mays became, in ef- do not think the process is fair now licans are in control of the committee. fect, the Chief Operating Officer of a and have to speak out. Look at the figures and facts. They State with approximately $19 billion in It is time for this Senate to examine were treated very fairly. annual revenue. After leaving govern- the real situation in the Judiciary It is interesting to note how much ment service in 2000, he rejoined his old Committee rather than to listen to the my colleagues have changed their tune firm of Baker, Donelson. more inventive ways of spinning. We in the last year or so. Moments ago, No description of Mr. Mays’ life have lots of work to do. Let us put the my colleague criticized our President, would be complete without mentioning statistics judo game behind us and get President Bush, for using the phrase his active membership on numerous to work. We have been elected to do a ‘‘judicial vacancy crisis.’’ My colleague committees and boards, whose purpose is to enrich the lives of the people of job and let’s do it instead of making up called this ‘‘confrontational.’’ Yet in Memphis. excuses for why we are not doing it. June of 1998, the Democrat leader of Mr. Mays is eminently qualified to be If we look at these eight nominees, the Senate said that the ‘‘vacancy cri- a member of the Federal bench. I com- John Roberts, unanimously well quali- sis is the most serious problem.’’ Has ment President Bush for another ex- fied by the gold standard according to the phrase ‘‘judicial crisis’’ taken on a traordinary judicial nominee, and I sin- our colleagues on the other side, the new connotation, or is this simply an- cerely hope that the Senate will begin American Bar Association; Miguel other example of the shoe being put on to deal with the growing judicial crisis Estrada, unanimously well qualified by the other foot? I don’t think we should that this Nation is facing. the American Bar Association; Michael be tit for tat in this body. Yes, we can Madam President, I support the nom- McConnell, unanimously well qualified always point to some nominees you ination of Andrew Hanen to be U.S. by the American Bar Association; Jef- wish could have gotten through, District Judge for the Southern Dis- frey Sutton, a majority qualified, a mi- whether JOE BIDEN was chairman or trict of Texas. nority well qualified; Deborah Cook, whether ORRIN HATCH was chairman. I It should be noted that in 1992 Mr. unanimously qualified; Priscilla Owen, know we both worked very hard to get Hanen was nominated to the same posi- unanimously well qualified; Dennis them through. tion by the first President Bush, but, Shedd, a majority of the ABA com- I am concerned. I don’t think Presi- regrettably, he was not given a hearing mittee found him well qualified; Ter- dent Bush is being treated fairly. I by the Democratic Senate. Still, as was rence Boyle, unanimously qualified. don’t think the courts are being treat- the case 10 years ago, I am confident he There is no reason why they should ed fairly. I don’t think litigants are will serve with distinction on the Fed- have sat there for 1 solid year. being treated fairly when half of a cir- eral district court. I think the American people are dis- cuit in the Sixth Circuit is without Following graduation from Baylor appointed; they want the Senate to judges. That means the civil cases vir- University School of Law, where he fin- help, not hinder, President Bush. I urge tually cannot be heard because they ished first in his class, Mr. Hanen my friend across the aisle to focus on have to go to the criminal cases first, clerked for a year with Chief Justice this situation and step up the pace of and many of those cannot be heard. Joe Greenhill of the Texas Supreme hearings and votes and do what is right Justice delayed is justice denied. Court. In 1979 Mr. Hanen joined the for the country. That is happening all over our country. firm of Andrews & Kurth, handling Having said that, I understand there I believe we have to change that. medical malpractice defense cases, are only four of the six judges pending Madam President, I support the con- commercial litigation, products liabil- on the floor that will be voted on firmation of Samuel ‘‘Hardy’’ Mays, ity, and legal malpractice defense today. Unfortunately, one of them who Jr., to the United States District Court cases. In addition, he represented cli- will not be voted on is a judge we rec- for the Western District of Tennessee. ents in cases in the areas of FELA, ommended from Utah who is truly be- I have had the pleasure of reviewing ERISA, lender liability, civil rights, loved out there and by many through- Mr. Mays’ distinguished career, and I and antitrust. out the country. He is one of the finest can say without hesitation that he will Following his unsuccessful nomina- law professors in the country. He came be an excellent addition to the Federal tion to the Federal bench in 1992, Mr. out of the committee with a vote of judiciary. Hanen, along with two others, opened only four of our committee voting Mr. Mays graduated in 1961 from Am- his own law firm, which is now com- against him. Whenever members of the herst College and attended Yale Law posed of 17 employees. Mr. Hanen has committee had judges, I did everything School, where he served on the edi- represented clients in contract, patent in my power to put them to the head of torial board of the law journal. After litigation, toxic tort, mass tort, and the line and to get them through. receiving his Juris Doctorate, Mr. personal injury matters. These two judges, Judge Paul Cassell, Mays began an over-20-year association Mr. Hanen is a leader in the Houston who is already approved by the com- with the law firm presently known as Volunteer Lawyers Program. While S4096 CONGRESSIONAL RECORD — SENATE May 9, 2002 serving as president of the Houston Bar this period, my colleague and good administration. In those six years, the Association, Mr. Hanen has led effort friend, Senator DEWINE, was also a number of vacancies in the Federal ap- to raise funds for additional pro bono prosecutor for Greene County. Senator peals courts more than doubled, from work. Mr. Hanen has also been active DEWINE discovered that one of his su- 16 to 33. Today, that vacancy level is in promoting and instituting pro bono periors had bugged his office. Senator down from 33 to 29. legal services for AIDS and HIV-af- DEWINE took the only honorable action To sum up, I believe that when it fected individuals. He volunteers with available and resigned in protest. comes to judges, we are doing our job Habitat for Humanity, ADR programs, Judge Rose also resigned because he carefully, and we are doing our job and various nonprofit groups. felt the office’s integrity had been vio- well. I am very proud of this nominee and lated. Clearly, this shows that Judge Mr. THOMPSON. Madam President, I I know he will make a great judge. Rose, who was not involved in this in- am very pleased that the Senate is con- Madam President, I support the nom- cident in any manner, is a man who sidering the nomination of Samuel ination of Leonard E. Davis to be will put the interests of justice and Mays, whom everybody in Tennessee United States District Judge for the fairness above his own personal gain. knows as ‘‘Hardy,’’ to be a U.S. District Eastern District of Texas. Judge Rose is also a man deeply de- Judge for the Western District of Ten- I have had the pleasure of reviewing voted to his community. After leaving nessee. Judge Davis’ distinguished legal ca- the prosecutor’s office, he became I am grateful to Chairman LEAHY and reer, and I have concluded, as did Chief Juvenile Court Referee for the the Judiciary Committee and its staff President Bush, that he is a fine jurist Greene County Court of Common for moving Mr. Mays’s nomination so who will add a great deal to the Fed- Pleas. In this position, he was respon- quickly. The need is quite urgent. The eral bench in Texas. sible for working with delinquent, ne- Western District of Tennessee typically Upon graduation from Baylor Univer- glected and abused children. Currently, has four judges assigned to hear cases sity School of Law, where he finished he is a Board Member of the Xenia Ro- in Memphis, along with a fifth who first in his class, Leonard Davis joined tary Club and a member of three local hears cases in Jackson. Only two of the Tyler, TX, law firm of Potter, Chambers of Commerce. those four seats are currently filled Guinn, Minton & Roberts. He became a Later, under a new Greene County with judges hearing cases, and the partner in 1979 and was managing part- Prosecutor, Judge Rose became Chief nomination of one of those two judges ner from 1983 to 1990. Assistant Prosecutor in Charge of the to the Court of Appeals is now pending At the outset of his legal career, Civil Division. In 1991, he rose to the before the Senate. A third seat, the one Judge Davis concentrated on insurance bench as a Judge for the Greene Coun- to which Mr. Mays has been nomi- defense work. He also handled a diverse ty Common Pleas Court, General Divi- nated, is vacant. The fourth judge is caseload including cases involving sion. Currently, Judge Rose handles ap- currently on disability leave. So mov- worker’s compensation, section 1983, proximately 400 civil and 400 felony ing Mr. Mays’s nomination so promptly automobile accidents, deceptive trade criminal cases annually. is imperative for litigants with cases practices, products liability, and mal- Judge Rose’s nomination is yet an- pending in the Western District. practice. Later, as his practice devel- other example of the quality of judicial Hardy Mays is very well known to oped, he focused primarily on commer- nominations that President Bush is the bar of the Western District of Ten- cial litigation. In addition, Judge Davis making. I believe that we should all nessee. He was born and raised in Mem- was appointed to defend several follow the example set by the President phis. He graduated from Amherst Col- indigents in Federal and State crimi- when he said that it is time to provide lege in 1970 and in 1973 from Yale Law nal cases involving murder, aggravated fair hearings and prompt votes to all School, where he served as an editor of assault, interstate transportation of nominees, no matter who controls the the law journal. stolen cattle, and tax evasion. Senate or the White House. This is He returned home to Memphis, where Judge Davis served on the Texas what I tried to do when I was chair- he joined the law firm that is today State Ethics Advisory Commission man, and it is a standard to which we known as Baker, Donelson, Bearman & from 1983–88 and on the State Judicial should now aspire. Caldwell, at which he practiced law for Districts Board from 1988–92. Judge Mr. EDWARDS. Madam President, I over 20 years, and which was also the Davis was appointed by then-Governor wanted to say just a few words on this firm of our former colleague, Senator George W. Bush as Chief Justice of the subject of judicial nominations. Howard Baker, now U.S. Ambassador Twelfth Court of Appeals in Tyler, TX, Not everyone realizes how important to Japan. Although Mr. Mays started where he has served since 2000. the Federal courts are. They are ex- his practice as a tax and banking law- I have every confidence that Judge traordinarily important. Once judges yer, he soon shifted his focus to litiga- Leonard E. Davis will serve with dis- are confirmed by the Senate, they hold tion. He represented clients before the tinction on the Federal district court lifetime appointments. Although the local, State, and Federal courts in west for the Eastern District of Texas. focus tends to be on the Supreme Tennessee in a wide variety of civil Madam President, I rise in support of Court, the reality is that well over 99 cases. While his practice continued to the confirmation of Judge Thomas percent of all cases never reach that evolve into one primarily concentrated Rose to the U.S. District Court for the court. These cases are decided by dis- on banking law issues, Mr. Mays con- Southern District of Ohio. trict judges and circuit judges who tinued to try cases until 1985. During After reviewing Judge Rose’s distin- most Americans have never heard of. his time as a litigator, Mr. Mays tried guished legal career, I can state with- The final decisions made by these over 25 cases to judgment. Many of out reservation that he is a man of in- judges resolve the most fundamental these cases were in Federal court. His tegrity and honesty and will be a wel- questions about our civil rights and in- peers recognized his standing at the come addition to an already taxed judi- dividual rights. Every single day, these bar and selected him as a member of ciary. judges make decisions that literally the board of directors of the Memphis Judge Rose graduated from Ohio Uni- make and break people’s lives. Bar Association, a position he held versity in 1970 with a Bachelors of So it is critical that we examine from 1985 to 1987. Science in Education. He then went on nominations to the Federal bench very In 1987, he became managing partner to receive this Juris Doctorate from carefully, particularly when those of his firm, a move that forced him to the University of Cincinnati College of nominations raise serious questions. give up litigation. He helped turn the Law in 1973. Of course, being deliberate does not firm into a regional law firm, opening After graduating law school, Judge mean being dilatory. But Madam Presi- offices in Nashville and Chattanooga. Rose worked as a Greene County As- dent, the truth is that the Senate is He gave up his position as managing sistant Prosecutor while maintaining a confirming large numbers of nominees. partner of the firm in 1988 and returned private practice. As a prosecutor, his As of today, the Senate will have con- to the full-time practice of law. By responsibilities included addressing a firmed 56 judges, including 9 to the then, his practice had again evolved wide range of issues from juvenile mat- courts of appeals. That is a faster pace into one focused on health law and re- ters to capital murder cases. During than in the last 6 years of the Clinton lated practice areas. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4097 In 1995, Mr. Mays joined the adminis- nees including one for the Ninth Cir- tailing programs promoting racial and tration of Governor Don Sundquist as cuit Court of Appeals. Our record on ethnic diversity in our schools and his legal counsel. Two years later, he confirmations is good. workplaces; and overturned laws pro- became the Governor’s chief of staff. In So it has been a continual surprise to tecting workers. Balance in each of the these positions, he served the people of me that my colleagues on the other branches of our government is a key Tennessee ably and tirelessly. He was side of the aisle have complained day precept of our democracy, and balance highly regarded during his tenure with after day, that the Senate was not con- in the Federal judiciary is, in my opin- Governor Sundquist. firming judges. This is particularly ion, crucial to ensure that the Amer- In 2000, he returned to his former law surprising as those doing the com- ican public maintains its unquestioned firm, where he has continued to prac- plaining sit beside me week after week respect for and deference to the rulings tice law focused on representing health as we continue to hold hearings and of our Federal judiciary. care providers. vote these nominees out of the Com- Americans in huge numbers favor re- Mr. Mays is highly regarded by the mittee. productive choice, and the right to bar for his intellect, legal ability, fair- The problem is not that the Senate work in a safe workplace free from in- ness, and his unfailing good humor. I has not been confirming judges. Any jury and regardless of physical dis- am confident that he has the ideal tem- reasonable examination of the record ability. They believe in the need for perament to serve in the stressful posi- makes clear that the Committee is government to take steps to protect tion of a trial judge. Mr. Mays enjoys working hard to confirm more judges our environment for future genera- broad, bipartisan support. I know the than in past years. We have confirmed tions, and to protect consumers from Judiciary Committee has heard from a many strong Republican judges who unfair and deceitful business practices. number of prominent Democrats, in- are impartial, ethical, and who bring to These are the values that are placed in cluding Memphis Mayor Willie their decision making an open minded- jeopardy by extreme nominees. It is Herenton; President Clinton’s U.S. At- ness to the arguments presented. My the responsibility of the Senate and of torney in Memphis, Veronica Coleman- own experience in reviewing the record the members of the Judiciary Com- Davis; former Tennessee Governor Ned of nominees who have come before me mittee to ensure that the people we McWherter; and our former colleague, makes clear that judges who are quali- seat on the Federal bench share the Senator Harlan Matthews, in support fied, moderate candidates, who are held same respect for these rights. of the nomination of Mr. Mays. in high esteem by lawyers in their The reality is appointments to the In addition to his record of profes- community, and who have a record of judiciary have become more politicized sional accomplishments, no recitation fair-minded decision making will be over the past 20 years. If the Senate is of Mr. Mays’s career would be complete promptly confirmed. truly interested in filling all the out- without reference to his extraordinary The problem is that a few controver- standing vacancies as quickly as pos- commitment to his community. While sial nominees have not yet received sible, we must work together to find I will not take the time to detail the hearings. President Bush last year nominees who can help to correct the full scope of his community involve- nominated individuals to the Circuit current imbalance on the courts. We ment, including his significant polit- Court of Appeals who are among the need to see more cooperation and con- ical activities, I do want to focus on most conservative the Senate has ever sultation between the White House and one aspect of his involvement with his considered. Many of these nominees the members of the Senate, and a will- neighbors: the arts in Memphis would have long records of decisions and ingness to compromise on nominees be far poorer without his contribu- writings that are far outside main- who do not present a threat to values tions. He serves or has served as a di- stream thinking. They have records and rights that mainstream Americans rector of the Memphis Orchestra, Opera that call into question their commit- accept and welcome. We have an amaz- Memphis, the Memphis Ballet, the ment to upholding precedent, and to ing pool of talent in our legal commu- Playhouse on the Square, the Decora- respecting individual rights. When nity, and it would be a simple matter tive Arts Trust, and the Memphis questions like these are raised about a to nominate more mainstream nomi- Brooks Museum, and the Memphis Bo- nominee, the Committee must under- nees. tanic Garden. take a thorough examination of the It is my hope that as we continue to Hardy Mays is an excellent choice to nominee, and that takes time. work to fill existing vacancies, that it serve as Federal district judge in Mem- The Supreme Court hears fewer than will become more possible to work to- phis. I appreciate the President’s deci- 100 cases per year and circuit court gether to find candidates for nomina- sion to nominate him, and I am grate- judges make the final decisions in hun- tion who unite, not who seek to divide. ful to the Judiciary Committee for dreds of cases a year that set precedent Mr. VOINOVICH. Madam President, considering his nomination so prompt- for thousands of additional cases. Sen- today, May 9, 2002, marks one year to ly. I urge my colleagues to support his ate confirmation is the only check the date that I was at the White House nomination. upon federal judges appointed for life. I when President Bush announced the Ms. CANTWELL. Madam President, take seriously the responsibility to nominations of Deborah Cook and Jef- the Senate and the Judiciary Com- carefully review these nominees and to frey Sutton for the Sixth Circuit Court mittee have been under Democratic reflect upon the power they will hold of Appeals. However, one year later, no leadership for 10 months. During that to affect the lives of ordinary Ameri- action has been taken on these Ohio- 10 months, Chairman LEAHY and the cans in the workplace, the voting ans, as well as five other nominees to Judiciary Committee staff have booth, and in the privacy of their the Sixth Circuit. In fact, the entire ju- worked overtime to establish a steady home. dicial nominee process has been egre- process to fill judicial vacancies. In the When the Senate confirms nominees giously delayed over this past year. 10 months, each one of my Democratic to fill the remaining existing vacan- There are currently over 96 vacancies colleagues has taken time from their cies, as I am confident that it will, 11 in the Federal courts, enough that the busy schedules to chair multiple nomi- of the 13 Circuit Courts will be domi- Chief Justice of the Supreme Court, nations hearings. nated by conservative jurists. These William Rehnquist, referred to the va- Hearings on nominees began less same courts have increasingly issued cancy crisis is ‘‘alarming.’’ It certainly than a week after the Senate reorga- rulings that have curtailed the power is alarming to note that these vacan- nized, and have continued on a month- of Congress to enact laws to protect cies exist despite the fact that Presi- ly, or twice monthly basis, right up to women from domestic violence, pre- dent Bush has nominated nearly 100 this afternoon. As you have heard re- vent discrimination based on disabil- judges in his first year of office, more peatedly today, in 10 months we have ities, and to protect the environment. judges than any President in history. confirmed 52 judges, and have 4 more Rulings have increasingly limited the At the same point in his administra- awaiting confirmation today. We have ability and the opportunity for women tion, President Clinton had nominated held hearings on 13 Court of Appeals to exercise their right to reproductive only 74 judges. In addition, former nominees. This afternoon, I will con- freedom; limited the opportunity for President Bush had nominated 46 and vene a hearing on four additional nomi- education and advancement by cur- President Reagan had nominated 59. S4098 CONGRESSIONAL RECORD — SENATE May 9, 2002 Despite this overwhelming number of gation. Jeffrey Sutton graduated first to the Federal bench. But unfortu- nominees, as of April 12, 2002, the Sen- in his law school class, followed by two nately, many of these outstanding indi- ate has only confirmed 42 of President clerkships with the United States Su- viduals are still waiting for a hearing Bush’s 98 nominees. More egregious is preme Court, as well as the Second Cir- by the Senate Judiciary Committee, I the fact that only 7 of President Bush’s cuit. As he was the State Solicitor of believe 47 nominees are still pending. 29 nominees to the circuit courts have Ohio when I was Governor, I worked We need to move these judicial nomi- been confirmed. No circuit has felt this with him extensively when he rep- nations quickly, because they are all delay more powerfully than the Sixth. resented the Governor’s office, and in good men and women. Since 1998, the number of vacant my judgment, he never exhibited any I want to talk about a few facts and judgeship months in the Sixth Circuit predisposition with regard to an issue. figures. We’ve heard a lot of numbers has increased from 13.7 to 60.9 and is He has contributed so much and his being thrown around by both the currently the highest in the Nation. compassion for people and the law is so Democrats and the Republicans about The median time from the filing of a evident. In my opinion, Jeffrey Sutton who delayed who the longest, who de- notice of appeal to disposition of the is exactly what the federal bench nied hearings to whom, and on and on, case in the Sixth Circuit was 15.3 needs: a fresh, objective perspective. so we are left in a numbers daze. I get months in 2001, well above the 10.9 Jeffrey Sutton’s qualifications for dizzy from all the numbers. But this months national average, and second in this judgeship are best evidenced what I think is the bottom line. When the Nation only to the Ninth Circuit. through his experience. He has argued President Bush Sr., left office, he had Clearly the Sixth Circuit is in crisis nine cases before the United States Su- 54 nominees pending with a Democratic and the reason is the inaction of the preme Court, including Hohn v. United Senate. The vacancy rate was 11.5 per- Senate Judiciary Committee. States, in which the Court invited Mr. cent. When President Clinton left of- When I talk to Ohio practitioners, I Sutton’s participation, and Becker v. fice, he had 41 nominees pending with a hear many complaints about the over- Montgomery, in which he represented a Republican Senate. The vacancy rate use of visiting judges throughout the prisoner’s interests pro bono. He has was 7.9 percent. So the way I see it, Sixth Circuit. One lawyer told me that also argued twelve cases in the Ohio Senate Republicans gave the Demo- one of the visiting judges on his panel Supreme Court and six cases in the cratic President a better deal. The was from as far away as the Western Sixth Circuit. While his participation other bottom line is that a year, 365 District of Louisiana. In fact, the Sixth in controversial cases has, in some in- days, after President Bush nominated Circuit has the highest number of vis- stances, led to a clouding of his quali- his first 11 circuit court nominees, only iting judges providing service: 59 vis- fications and accomplishments, what 3 have been confirmed. By contrast, iting judges participated in the disposi- his detractors fail to mention is how he each of the 3 previous Presidents en- tion of 1,626 cases for the 12-month pe- argued pro bono on behalf of a blind joyed a 100 percent confirmation rate riod ending September 30, 2001. student seeking admission to medical on their first 11 circuit nominees, and It is time to put a stop to this logjam school or how he filed an amicus curiae they were all confirmed within a year. of Sixth Circuit nominees and allow brief with the Ohio Supreme Court in The way I see it, President Bush is get- our overburdened appeals courts to op- support of Ohio’s Hate Crimes law on ting the short end of the stick with his erate free of partisan wrangling. In behalf of the Anti-Defamation League, nominees. particular, it is time to give Justice the NAACP and the Ohio Human I’d like to talk about some of Presi- Deborah Cook and Jeffrey Sutton a Rights Bar Association. Jeffrey Sutton dent Bush’s nominees, specifically the hearing, and allow their nominations should not be criticized on assumptions 8 nominees of the 11 original circuit to be considered by the full Senate. that past legal positions reflect his per- court nominees sent up last May who In all candor, I can not think of two sonal views. Instead, he should be are still pending without action. Today individuals more qualified or better lauded for always zealously advocating a full year has gone by, 365 days, with prepared to assume the solemn respon- his client’s interests, no matter the only 3 of President Bush’s first 11 sibilities of the Sixth Circuit bench issue. I know Jeff. He is a man of ex- nominees having seen any action at all. than Deborah Cook and Jeffrey Sutton. ceptional character and compassion. And of those 3, I understand 2 were I have had the privilege of knowing For these and many other reasons, Jef- judges previously nominated by Presi- Deborah Cook for over 25 years. frey Sutton will be an unquestioned dent Clinton. The Senate needs to do Throughout, I have found her to be a asset to the Federal Bench. better than that. These individuals of woman of exceptional character and in- As you may know, the Sixth Circuit exceptional experience, intellect and tegrity. Her professional demeanor and is in desperate need of judicial appoint- character deserve to be treated fairly thorough knowledge combine to make ments. Fourteen judicial vacancies now and considered by the Senate prompt- her truly an excellent candidate for an exist, one of which has been vacant ly. appointment to the Sixth Circuit. since 1995. Furthermore, the Adminis- Let me say a few words about each of Deborah Cook has served with distinc- trative Office of the U.S. Courts has de- these nominees. I know that some of tion on Ohio’s Supreme Court since her clared five of these vacancies to be ju- my colleagues may have already given election in 1994 and reelection in 2000. dicial emergencies within the U.S. fed- many details about these individuals, My only regret is that with her con- eral court system. but I think that it is important that firmation to the Sixth Circuit, we will Given the crisis in the Sixth Circuit Americans see what quality individuals lose her on the Supreme Court of Ohio. and the exemplary records of Justice President Bush has sent up to the Sen- With a combined 10 years of appellate Cook and Jeffrey Sutton, I respectfully ate. These individuals have all excelled judicial experience on the Ohio Court urge the Judiciary Committee to hold in their legal careers and I’m sure, if of Appeals and the Ohio Supreme hearings on their nominations as soon confirmed, they will all make excellent Court, Deborah Cook uniquely com- as possible, and expeditiously move judges. bines keen intellect, legal scholarship them to the floor of the Senate. Judge Terrence Boyle is President and consistency in her opinions. She is Mr. GRASSLEY. Madam President, I Bush’s nominee for the Fourth Circuit a strong advocate of applying the law rise today to speak in support of Presi- Court of Appeals. He is currently the without fear or favor and not making dent Bush’s judicial nominees. Presi- Chief Judge of the U.S. District Court policy towards a particular constitu- dent Bush says that we need to move for the Eastern District of North Caro- ency. Deborah Cook is a committed in- these nominees swiftly and fairly. He lina, appointed by President Reagan in dividual and a trusted leader, and it is wants our support for his nominees. I 1984. He has served in this post with my pleasure to give her my highest agree. The Senate needs to act to fill distinction. He was nominated to the recommendation. these vacancies and ensure that the Fourth Circuit in 1991 by President I am also very pleased to speak on Federal courts are operating at full Bush Sr., but he did not receive a hear- behalf of Jeffrey Sutton, a man of un- strength. ing from the Democrat-controlled Ju- questioned intelligence and qualifica- Right now, President Bush has sent a diciary Committee. tions, with vast experience in commer- number of extremely qualified men and Justice Deborah Cook is President cial, constitutional and appellate liti- women to the Senate for consideration Bush’s nominee to the Sixth Circuit May 9, 2002 CONGRESSIONAL RECORD — SENATE S4099 Court of Appeals. After graduation in the legislature and in the Federal equitable solutions to virtually any from law school, Justice Cook became courts, as well as in private practice challenge. His personal and profes- the first female attorney hired at the and academia. Judge Shedd worked as sional integrity are above reproach, oldest law firm in Akron, OH, and just the Chief Counsel and Staff Director and his even temperament is ideally 5 years later, she was named a partner. for the Senate Judiciary Committee suited for the federal bench. She then served on the Ohio Court of under then-Chairman STROM THUR- Many outstanding Tennesseans have Appeals for 4 years, and in 1994 she be- MOND. He was appointed a district added their support to Hardy’s nomina- came a justice on the Ohio Supreme court judge for the District of South tion. They most often have mentioned Court. Her pro bono work is laudable: Carolina in 1990, where he has served to me his brilliant mind, sense of fair Judge Cook is a founder and trustee of with distinction. play and lack of personal bias, good a mentored college scholarship pro- Jeffrey Sutton is President Bush’s wit, and respect for other’s views and gram in Akron, and I understand she nominee to the Sixth Circuit Court of opinions. and her husband personally fund efforts Appeals. Mr. Sutton clerked for Jus- Thomas Jefferson wrote in 1776 that to help inner-city children go to col- tices Scalia and Powell on the U.S. Su- our judges ‘‘should always be men of lege. preme Court, then spent three distin- learning and experience in the laws, of Miguel Estrada is one of President guished years as Solicitor for the State exemplary morals, great patience, Bush’s nominees to the D.C. Circuit of Ohio. Since that time, Jeffrey Sut- calmness and attention.’’ Samuel Court of Appeals. He has an incredible ton has worked in private practice and Hardwicke Mays, Jr., certainly fits story, having immigrated to the United served as an adjunct professor of law at President Jefferson’s description. He States when he was young without the Ohio State University College of will serve our country with distinction, even speaking English, to then grad- Law. and his talent, experience and energy uate with honors from Columbia Col- These eight outstanding nominees will be an asset to our Federal judicial lege and Harvard Law School. He are still waiting for a hearing, even system. clerked for the Second Circuit and the though they are some of the most re- I ask unanimous consent after Sen- U.S. Supreme Court, then served as an spected judges and lawyers and profes- ator FEINGOLD speaks that Senator Assistant U.S. Attorney in the South- sors in the country. They have excel- HUTCHINSON be permitted to speak for ern District of New York, where he be- lent qualifications, are of high moral up to 5 minutes. came Deputy Chief of the Appellate character, and will serve our country Mr. LEAHY. Reserving the right to Section in the Office. Mr. Estrada well. They all have ratings of ‘‘well object, does the Senator have the time? acted as Assistant to the Solicitor Gen- qualified’’ or ‘‘qualified’’ by the Amer- How much time is remaining on both eral for 5 years in both the Bush and ican Bar Association, the so-called sides? I don’t want to object, but I Clinton administrations. If he is con- ‘‘gold standard’’ by the Democrats on know the Republican and Democrat firmed, Mr. Estrada would be the first the Judiciary Committee. It’s clear leader have 11:35 for the vote. Hispanic judge on the D.C. Circuit that the Senate Judiciary Committee The PRESIDING OFFICER. The Sen- Court of Appeals. needs to do its job and schedule them ator from Utah has 5 minutes 41 sec- Michael McConnell is President for a hearing and markup. onds. Bush’s nominee to the Tenth Circuit Let’s give these good men and women Mr. LEAHY. OK. Court of Appeals. He graduated from what they deserve, to be treated with The PRESIDING OFFICER (Mrs. the University of Chicago Law School respect. They need a prompt hearing CARNAHAN). Without objection, it is so and then clerked for Judge Skelly and markup. They have waited too ordered. Wright on the D.C. Circuit, and Justice long. The Senate has to act. Like the The Senator from Wisconsin. William J. Brennan on the U.S. Su- President said, the American people Mr. FEINGOLD: Madam President, preme Court. Professor McConnell was deserve better. today the Senate is going to confirm a tenured professor at the University of Mr. FRIST. Madam President, I rise four more of President Bush’s nomi- Chicago Law School for more than a today to thank my colleagues for the nees to the Federal bench. While there decade before accepting the Presi- confirmation of Samuel Hardwicke is no controversy about these par- dential Professorship at the University Mays, Jr., of Memphis TN, as U.S. Dis- ticular nominees, there has been much of Utah College of Law in 1997. He has trict Judge for the Western District of debate here on the floor about the pace earned the reputation of being one of Tennessee. I am also grateful to Presi- of confirmations. And today, because the top constitutional scholars in the dent Bush for his nomination of an in- this is the anniversary of President country. dividual who I know will act with fair- Bush’s announcement of his first batch Justice Priscilla Owen is President ness to all in a way which will make all of judicial nominations, we have been Bush’s nominee to the Fifth Circuit of us proud. told to expect a series of events de- Court of Appeals. Justice Owen spent Hardy Mays is a Memphis institu- signed to criticize the majority leader 17 years as a litigator with a top Hous- tion. No one lives life more to the full- and the chairman of the Judiciary ton law firm. Currently, Ms. Owen is est than Hardy whose passion for the Committee for their conduct of the serving her 7th year as Associate Jus- arts, a good book, the law and public confirmation process and to pressure tice on the Texas Supreme Court, she service is known to all. them to move this process along faster. is only the second woman ever to sit on As have so many others, I first I am pleased to join my colleagues on that bench. She has great professional sought his counsel when I decided to the floor this morning to make a few credentials, and has demonstrated a run for the United States Senate. Since points about this. strong commitment to her community. then, I have turned to Hardy for advice First, though I am sure the com- John Roberts is President Bush’s on a variety of occasions, and I value plaints will never stop, on the basis of other outstanding nominee to the D.C. the thoughtful, balanced approach he the numbers alone, it is awfully hard Circuit Court of Appeals. He is one of can bring to any issue. And I am proud to find fault with the pace of judicial the most qualified and respected appel- to call him my friend. confirmations. Since the Democrats late lawyers in the country. Mr. Rob- More importantly, he is an out- took control of the Senate last June, erts has had a distinguished record in standing lawyer with a keen intellect. we have confirmed 52 judges, not in- private practice, and he has performed He is fair and impartial, and has enor- cluding the four whom we will vote on a significant amount of pro bono legal mous compassion for his fellow man. today, which will bring the total to 56. service. He also served as Deputy Solic- Hardy has demonstrated, both in his In under a year, that is more judges itor General of the United States. Mr. distinguished legal career with the than were confirmed in four out of the Roberts’ background in public office Baker, Donelson firm in Memphis, and six years of Republican control of the and private office are outstanding. his life in public service as Legal Coun- Senate under President Clinton. Judge Dennis Shedd is President sel and Chief of Staff to Governor Don Judiciary Committee Chairman PAT- Bush’s nominee to the Fourth Circuit Sundquist, his unique ability to hear RICK LEAHY has vowed not to treat Court of Appeals. He has a long and ad- all sides of an issue, to work with peo- President Bush’s nominees as badly as mirable record of public service, both ple from all walks of life, and to find our predecessors treated President S4100 CONGRESSIONAL RECORD — SENATE May 9, 2002 Clinton’s nominees. I believe he is ful- But we all know that not all of Presi- They are the law. They are the judge’s filling that pledge, but frankly, he dent Clinton’s nominees were con- decisions. And we who are charged with doesn’t have to work all that hard to firmed. Far from it. In fact, 38 judicial evaluating the fitness of a sitting judge do that. nominees never even got a hearing in for a higher court have every right to For example, our friends on the Re- the last Congress, including 15 court of examine those decisions—before mak- publican side are complaining that appeals nominees. Three other nomi- ing our decision. some of President Bush’s nominees nees received hearings but never made I commend Chairman LEAHY on his from last May 9 have not yet been con- it out of committee. The nominations work on nominations thus far. Fifty- firmed. On today’s anniversary of those of eight court of appeals nominees who six confirmations in less than a year as nominations, I’m sure we’ll hear a lot never got a hearing and one who got a chairman is an admirable record. I am about that. So let’s just put that in hearing but no committee vote, were sure he won’t keep any nominee wait- perspective. pending for more than a year at the ing for 4 years before getting a con- Let’s assume for the sake of argu- end of the 106th Congress. In all, more firmation vote. I am sure we won’t fin- ment that these individuals have actu- than half of President Clinton’s nomi- ish this Congress having held hearings ally waited 365 days, a full year. We all nees to the circuit courts in 1999 and for fewer than half of the President’s know that at this time, that’s not real- 2000 never received a hearing. circuit court nominees. Most of all, I’m ly accurate. First, Democrats took Those who are concerned about cir- sure he will continue to treat this con- control of the Senate in June 2001. Our cuit court vacancies, if they are being firmation process with the dignity and committee was not organized so that honest, must lay the problem directly respect and care it deserves. The nominations hearings could be held at the feet of the majority in the Sen- courts, our system of justice, and the until July 10, 2001. So it’s really been ate during President Clinton’s last American people deserve no less. only 10 months that we have been in a term. Many of those who are now loud- I reserve the remainder of our time position to confirm any of the May 9 ly criticizing Chairman LEAHY refused and yield the floor. nominees. to recognize the results of the 1996 elec- Mr. HATCH. I yield time to the dis- Second, and just as significantly, tion and dragged their feet for 4 years tinguished Senator from Texas. under this administration, the Amer- on judicial nominations. Some of the The PRESIDING OFFICER. Under ican Bar Association can’t start its re- vacancies that President Bush is now the previous order, the distinguished view of a nomination until after the trying to fill actually date back to 1996 Senator from Texas is recognized. nomination is formally announced. or even 1994. Mrs. HUTCHISON. Madam President, During the Clinton administration, as So what are we to do about this? One I have been listening to the debate under all previous administrations, Re- alternative is to simply rubber stamp today. I certainly want to say I have a publican and Democrat, dating back to the President’s nominees. That is what very good friend who is a nominee for President Eisenhower, the ABA con- some would have us do. I, for one, am the Fifth Circuit, who was nominated 1 ducted its reviews of nominations be- thankful that that is not the approach year ago today, Priscilla Owen, who I fore they were sent to the Senate. of Chairman LEAHY or Majority Leader hope will get a fair hearing because she President Bush’s unfortunate decision DASHCLE. We have a solemn constitu- is one of the most qualified people who to change the way the White House tional obligation to advise and consent has ever been nominated for the Fifth handles the ABA review has added 30–60 on nominations to these positions on Circuit. days to the process as compared to the bench that carry with them a life- But I want to use my time this morn- prior years. That has to be factored time term. We must closely scrutinize ing to give the due accolades to two into any claims. They are the result of the records of the nominees to these judges on whom we will vote who are the President’s own choice of cutting positions. It is our duty as Senators. district judges. The circuit court the ABA out of the process. That duty is enhanced by the history judges are the ones about whom every- Assume for the sake of argument I have just discussed. If we confirm the one has been talking and about whom that all these nominees have been President’s nominees without close people are very concerned. But we have waiting 365 days to be considered by scrutiny, we would simply be reward- two very qualified district judges who the Senate. That is still 140 days shy of ing the obstructionism that the Presi- are going to be confirmed today. I want the 505 days that Richard Lazarra wait- dent’s party engaged in over the last to speak for them. ed between his nomination by Presi- six years by allowing him to fill with The first nominee is Andy Hanen. dent Clinton and his confirmation by his choices seats that his party held Andy Hanen was nominated in June of the Senate. And Judge Lazarra, now open for years, even when qualified 2001 to serve as Federal judge for the serving on the district court of Florida, nominees were advanced by President Southern District of Texas. He was also didn’t wait the longest. No, the period Clinton. nominated for this judgeship 10 years between his nomination and confirma- The most important part of the scru- ago by former President Bush. His tion is only the 15th longest of the tiny we must do is to look at the nomination expired at the end of the Clinton appointed judges. So when records of these nominees. Many of congressional session and was not re- nominees of President Bush have been them are already judges, at the State newed by President Clinton. waiting a year, however that is cal- level or on a lower court. There is Andy is a 1975 cum laude graduate of culated, they won’t even crack the top nothing wrong with examining their Denison University in Ohio, where he 15 of the Clinton judges who waited the work product; indeed, that is the best studied economics and political longest to be confirmed. indicator of how they will perform in science. In 1978 he earned his law de- Actually, the longest wait during the the positions to which they have been gree from Baylor University School of Clinton administration was endured by nominated. Law. He ranked first in his class and Judge Richard Paez, now on the Ninth Some have complained that it is im- was president of the Student Bar Asso- Circuit—1,520 days—over four years. proper for the committee to ask to see ciation and a member of the Baylor That’s in another league altogether copies of the unpublished opinions of Law Review. from the delay, if you can call it that judges nominated for the Circuit Court As a founding partner of the Houston at this point, on some of President who are currently serving as District law firm Hanen, Alexander, Johnson & Bush’s May 9 nominees. Nine Clinton judges. I disagree. Let me be clear that Spalding, he has gained extensive civil judges waited more than 2 years before we have not, as the Wall Street Jour- trial experience, half of which was in they were confirmed. If all of the May nal editorial page recently stated, Federal court. He went on to win a 9 judges still awaiting confirmation are asked judges to go back and write rul- number of accolades, including Out- still pending in the committee on May ing in cases where they have ruled standing Young Lawyer of Texas, 9, 2003, then maybe we should talk orally from the bench. That is laugh- awarded by the State bar. He was elect- about a delay. I am absolutely certain able. No, we simply asked for the ed president of the Houston Bar Asso- that will not be the case. judge’s work product—the judge’s writ- ciation in 1998 and is currently a direc- Now so far, I have been talking about ten rulings. Unpublished opinions are tor of the State Bar of Texas. He has judges who were ultimately confirmed. binding on the parties in the case. distinguished himself throughout his May 9, 2002 CONGRESSIONAL RECORD — SENATE S4101 career through civic and volunteer The PRESIDING OFFICER. The Sen- with the fairness, integrity, sound committees. He is an active member of ator from Vermont has 8 minutes 20 judgment, and energy that the people the community and contributes his seconds. of Ohio and this Nation deserve. I time to charities such as Habitat for Mr. LEAHY. And the Senator from whole-heartedly support his confirma- Humanity, Sunshine Kids, and the Red Utah? tion, and I encourage my colleagues to Cross. The PRESIDING OFFICER. The Sen- do the same. The Southern District of Texas is one ator has 30 seconds. The PRESIDING OFFICER. The Sen- of those that are in dire need of all the Mr. LEAHY. Madam President, the ator from Vermont. judicial vacancies being filled. I am Senator from Ohio has asked for time Mr. LEAHY. Madam President, I very pleased to support Andy Hanen. to make a statement. I yield that time truly believe, as I said in the debate, Leonard Davis has been nominated to to him. Democrats have been and will continue serve on the Eastern District of Texas. The PRESIDING OFFICER. The Sen- to be more fair than the Republicans He is a judge on the Circuit Court of ator from Ohio. were to President Clinton’s judicial Appeals for Texas, with an outstanding Mr. DEWINE. Madam President, I nominees. The fact is that more than record. He, too, was nominated by rise today in support of the confirma- 50 of President Clinton’s nominees former President Bush, but the nomi- tion of Judge Thomas M. Rose, whom never got a vote. Many languished for nation expired and was not renewed by the President has nominated for the years before they were returned with- President Clinton. post of U.S. District Judge for the out even having a hearing. Others wait- He earned a mathematics degree Southern District of Ohio, Western Di- ed for years, up to even 4 years to be from UT Arlington and a master’s de- vision. I first met Tom Rose 29 years confirmed. gree in management from Texas Chris- ago when we were both serving as as- We are moving through, as we have tian University. He earned his law de- sistant county prosecuting attorneys these last 10 months, in filling vacan- gree from Baylor University School of in Greene County, OH. I can tell you cies with consensus nominees. Law, where he graduated first in his without reservation that he is a man of I voted for the vast majority of these class. He went on to practice civil and great integrity, honor, and intel- nominees. I voted for all but one of criminal law for 23 years and handled ligence. I do not know a more qualified, these nominees. They are going to be Republicans. We hundreds of cases in State and Federal more experienced candidate for this know they are going to be conserv- courts. He was appointed to his current judgeship. position as Chief Justice of the 12th Tom, who comes from Laurelville, atives. That is fine. But I am not going to vote for some- Circuit Court of Appeals of the State of OH, graduated from Ohio University in body who will put a sign up over the Texas by then-President George W. 1970, and received his law degree from Federal court saying this is no longer Bush and has enjoyed strong bipartisan the University of Cincinnati’s College support and no opposition to his reelec- an independent court. of Law in 1973. Also in 1973, he was ap- If the White House would only work tion in November of 2000. pointed as Assistant County Pros- He has served on numerous boards with us instead of working against us, ecutor in Greene County; he became we could end the vacancy crisis by the and commissions, including the State the first Magistrate in the Greene Ethics Advisory Commission, the State end of next year. County Juvenile Court in 1976; and he Many partisans in the other party Bar of Texas’s Legal Publications Com- became the Chief Assistant Prosecutor mittee, and the American Heart Asso- appear, unfortunately, to have decided in charge of the Civil Division in 1978. to make judges a domestic agenda item ciation’s Board of Directors. In 1991, he became the Judge of the Judge Leonard Davis is a long-time on which this administration is intent Court of Common Pleas in Greene friend of mine. I believe he, too, will on winning partisan, political, and ide- County. serve our country well. ological victories. Given the closely di- During these last 11 years on the I urge my colleagues to support both vided Senate—and the Congress—and Common Pleas Court bench, Ohio’s of these Texas nominees for district the narrow electoral victory of the highest trial court, Judge Rose has pre- court benches—Andy Hanen and Leon- President, the better course would sided over a wide range of cases from ard Davis. have been to work together on vacan- Madam President, I also would like criminal cases to civil cases to admin- cies that we inherited from the Repub- to say one more thing about Judge istrative appeals. He has faced a tre- lican Senate. Priscilla Owen, a justice of the su- mendous volume of cases, many of Republicans held court of appeals preme court, and ask that she be con- which have been of unprecedented com- judgeships open for years. Now they see sidered for her Fifth Circuit nomina- plexity. For example, Judge Rose re- their chance to pack the courts and tion. cently presided over Ohio’s first pro se stack the deck with conservative judi- Every newspaper in Texas endorsed murder case in which the defendant cial activists in order to tilt the out- Justice Owen for her reelection bid in could have received the maximum sen- comes on these courts. 2000 for the Supreme Court of Texas. tence of death. The American people do not want— On February 10 of this year, a Dallas In addition, he has heard hundreds of and our justice system does not need— Morning News editorial said: the kinds of civil cases and administra- a finger on the scales of justice. It is up Justice Owen’s lifelong record is one of ac- tive appeals that dominate a common to the Senate to maintain the inde- complishment and integrity. pleas docket, tax appeals, annexation pendence of the courts and the balance During her reelection campaign, the questions, school districting disputes, on them. That means resisting the ap- Houston Chronicle said, in a September and insurance issues. In a particularly pointment of ends-oriented and ideo- 24, 2000, editorial: complex civil case, Judge Rose ruled on logically-driven nominees. Do not be A conservative, Owen has the proper bal- a case of first impression involving an fooled about what the fight over circuit ance of judicial experience, solid legal schol- ordinance enacted by a local Ohio city court nominations is about. arship, and real world know-how to continue to put impact fees on developers. Republicans, perhaps brilliantly from to be an asset on the high court. In both criminal and civil cases, he a political point of view, but disastrous I do hope Justice Owen will receive has ruled on hundreds of motions to from the point of view of the independ- due consideration for her nomination suppress and other constitutional ence of the courts, kept vacancies on to the Fifth Circuit, and certainly I issues, such as search and seizure and the Fifth, Sixth, and D.C. Circuits open hope the Senate will act on these cir- Miranda rights. for the last 5 years. Now they have a cuit court judge nominees. We have All of this demonstrates, that with- President with a list of what he views many vacancies that need to be filled. out question, Judge Rose is right for as ‘‘reliable nominees.’’ They are try- I urge the Senate to take action. this job. His background and the depth ing to get these ideological nominees The PRESIDING OFFICER. The time of his wide-ranging experience on the through. of the Senator has expired. bench, the experience that makes him This is not a political fight that we The Senator from Vermont. so well qualified for the Ohio district in my party have chosen. Indeed, the Mr. LEAHY. How much time is re- judgeship. I am confident that he will President’s recent fundraising cam- maining? discharge his duties of Federal judge paign swing through the South and the S4102 CONGRESSIONAL RECORD — SENATE May 9, 2002 antagonistic efforts of his political ad- Democrats are imposing on judicial So I am protecting the Senator’s viser, Karl Rove, make clear that the nominees would have the same effect right to free religion, not disparaging Republicans have chosen this fight be- as a religious test. Let me explain how. his religion. This is nothing like the cause they think it serves their polit- Most people who are pro-choice hold often-used and offensive race-card that ical advantage. their position as a matter of ideology. the Democrats often used. They are deadly serious about their Some even allow their chosen ideology The PRESIDING OFFICER. Who efforts to gain control of the District of to trump the tenets of their religion. yields time? Columbia Circuit, the Sixth, and the They do so in good conscience no Mr. LEAHY. Madam President, I urge Fifth Circuits, and others—even to the doubt, and I respect that and would not my colleagues to vote in favor of each point of questioning the religious back- judge them for that. of the four nominees. But the great majority of people who ground of members of the Senate Judi- I also urge the Senate and the admin- are pro-life come to their positions as a ciary Committee, something I have istration to work at keeping the impar- never seen in 28 years in the Senate. It result of their personal religious con- victions. We view unborn life as sacred. tiality of the Federal judiciary. is one of the most reprehensible tactics I urge those on the other side of that I have seen in my time in the Sen- Many Americans hold this view as a re- ligious tenet, but this view does not af- Pennsylvania Avenue to stop making ate. I respect the religious background this a political partisan game but to do of every Member. I do not know the fect their ability to interpret the law and precedent, just as skin color does what is best for the country. background of most; it is none of my I yield any time remaining that I business. I would never question the re- not. In effect, what is ideology to my may have. ligious background of any nominee. Democrat friends is a matter of reli- I resent greatly people on the other Mr. HATCH. I yield whatever time I gious conviction to a large portion of side of the aisle questioning my reli- may have remaining. the American people, regardless of gion or the religion of members of the VOTE ON NOMINATION OF LEONARD E. DAVIS their position on abortion. But many Senate Judiciary Committee. The PRESIDING OFFICER. The rightly fear that a judge with private This battle is over whether the cir- question is, Will the Senate advise and pro-life views, which often derives from cuit courts have judges who will follow consent to the nomination of Leonard religious conviction, will ever again be precedent, respect congressional ac- E. Davis, of Texas, to be United States confirmed in a Democrat-led Senate. District Judge for the Eastern District tion, and act to protect individual To impose an abortion litmus test on rights of Americans, or become domi- private views, call it ideological if you of Texas? nated by ideologically-driven activists. want to, is to exclude from our judici- The yeas and nays have been ordered, I will continue to evaluate all of ary a large number of people of reli- and the clerk will call the roll. President Bush’s nominees fairly, and gious conviction, who are perfectly pre- The legislative clerk called the roll. to work in spite of the obstructionism pared to follow the law. I fear this is Mr. REID. I announce that the Sen- and unfair criticism coming from the the door this Democrat-led Senate ator from New Jersey (Mr. CORZINE) is Republican side. could be opening. If a nominee who was necessarily absent. In the weeks and months to come we personally pro-life came before the Mr. NICKLES. I announce that the will be called upon to vote on some committee and said they could not fol- Senator from North Carolina (Mr. very controversial activist nominees. low Supreme Court precedent because HELMS) and the Senator from Wyoming The rights of all Americans are at of their pro-life views, then I would (Mr. THOMAS) are necessarily absent. stake. have a problem with that nominee too. I further announce that if present We have to ask whether a fair-mind- But to simply discriminate against and voting the Senator from North ed, independent judiciary will survive them and say that we can not trust Carolina (Mr. HELMS) would vote to protect our fundamental civil lib- you, despite your assurances to the ‘‘yea.’’ erties and constitutional rights, and Senate, to follow precedent, because The result was announced—yeas 97, whether our children and grand- you hold certain personal view, is pure nays 0, as follows: children will be able to look to the and simple religious discrimination. [Rollcall Vote No. 104 Ex.] Federal judiciary for even-handed jus- I can understand why people would tice and protection. believe that a religious test is being YEAS—97 That is what hangs in the balance. imposed. They fear as I do that the re- Akaka Durbin McCain Allard Edwards McConnell I again invite the President and all sult would be a federal judiciary that Republicans to join with us in working Allen Ensign Mikulski neither looks like America nor speaks Baucus Enzi Miller to fill the remaining judicial vacancies to America. Bayh Feingold Murkowski with qualified, consensus nominees I am afraid that what is now occur- Bennett Feinstein Murray chosen from the mainstream, and not Biden Fitzgerald Nelson (FL) ring is far beyond the mere tug-of-war Bingaman Frist Nelson (NE) chosen for their ideological orienta- politics that unfortunately surrounds Bond Graham Nickles tion—nominees who will be fair and Senate judicial confirmation since Boxer Gramm Reed impartial judges, and who will ensure Robert Bork. Some of my colleagues Breaux Grassley Reid that an independent judiciary will be Brownback Gregg Roberts are out to effect a fundamental change Bunning Hagel Rockefeller the bulwark against the loss of our in our constitutional system, as they Burns Harkin Santorum freedoms and rights. were reportedly instructed to do by Byrd Hatch Sarbanes I reserve the remainder of my time. Campbell Hollings Schumer noted liberal law professors at a re- Cantwell Hutchinson Sessions Mr. HATCH. Mr. President, the treat early last year. Carnahan Hutchison Shelby American people are right to ask why Rather than seeking to determine Carper Inhofe Smith (NH) this unprecedented departure from the the judiciousness of a nominee and Chafee Inouye Smith (OR) past is happening. My colleague just Cleland Jeffords Snowe whether a nominee will be able to rule Clinton Johnson Specter accused me of accusing him of religious on the law or the Constitution without Cochran Kennedy Stabenow discrimination. He has mischar- personal bias, they want to guarantee Collins Kerry Stevens acterized my pleas for civility and fair- that our judges all think in the same Conrad Kohl Thompson Craig Kyl Thurmond ness. way, a way that is much further to the Crapo Landrieu Torricelli Some of my Democrat colleagues left of mainstream than most Ameri- Daschle Leahy Voinovich have made no bones about the fact that cans. Dayton Levin Warner they are slowing down the President’s The legitimacy of our courts, and es- DeWine Lieberman Wellstone Dodd Lincoln Wyden nominees because they are imposing, pecially the Supreme Court, comes Domenici Lott for the first time, an ideological litmus from much more than black robes and Dorgan Lugar test. This is something I can not ac- a high bench. It comes from the peo- NOT VOTING—3 cept. ple’s belief that judges and justices will Many Americans are concerned that apply a judicial philosophy without re- Corzine Helms Thomas the abortion litmus test that some gard to personal politics or bias. The nomination was confirmed. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4103 Mr. REID. Madam President, I ask VOTE ON NOMINATION OF SAMUEL H. MAYS, JR. VOTE ON NOMINATION OF THOMAS M. ROSE unanimous consent that the three re- The PRESIDING OFFICER. Under The PRESIDING OFFICER. Under maining votes be 10 minutes in dura- the previous order, the question is, Will the previous order, the question is, Will tion. the Senate advise and consent to the the Senate advise and consent to the The PRESIDING OFFICER. Is there nomination of Samuel H. Mays, Jr., of nomination of Thomas M. Rose, of objection? Tennessee, to be U.S. District Judge Ohio, to be a United States District Without objection, it is so ordered. for the Western District of Tennessee. Judge for the Southern District of The PRESIDING OFFICER. Under On this question, the yeas and nays Ohio? the previous order, the motion to re- have been ordered. The clerk will call On this question, the yeas and nays consider is laid on the table, and the the roll. have been ordered. The clerk will call President shall be immediately noti- The legislative clerk called the roll. the roll. fied of the Senate’s action. Mr. REID. I announce that the Sen- The assistant legislative clerk called ator from New Jersey (Mr. CORZINE) is VOTE ON NOMINATION OF ANDREW S. HANEN the roll. necessarily absent. Mr. REID. I announce that the Sen- The PRESIDING OFFICER. Under Mr. NICKLES. I announce that the the previous order, the question is, Will ator from New Jersey (Mr. CORZINE), Senator from North Carolina (Mr. the Senator from Vermont (Mr. JEF- the Senate advise and consent to the HELMS) and the Senator from Wyoming nomination of Andrew S. Hanen, of FORDS), and the Senator from Lou- (Mr. THOMAS) are necessarily absent. isiana (Ms. LANDRIEU) are necessarily Texas, to be United States District I further announce that if present Judge for the Southern District of absent. and voting the Senator from North Mr. NICKLES. I announce that the Texas. Carolina (Mr. HELMS) would vote The yeas and nays have been ordered, Senator from North Carolina (Mr. ‘‘yea.’’ HELMS) and the Senator from Wyoming and the clerk will call the roll. The PRESIDING OFFICER. Are there The senior assistant bill clerk called (Mr. THOMAS) are necessarily absent. any other Senators in the Chamber de- I further announce that if present the roll. siring to vote? and voting the Senator from North Mr. REID. I announce that the Sen- The result was announced—yeas 97, Carolina (Mr. HELMS) would vote ator from New Jersey (Mr. CORZINE) is nays 0, as follows: ‘‘yea.’’ necessarily absent. [Rollcall Vote No. 106 Ex.] The PRESIDING OFFICER. Are there Mr. NICKLES. I announce that the YEAS—97 any other Senators in the Chamber de- Senator from North Carolina (Mr. Akaka Durbin McCain siring to vote? HELMS) and the Senator from Wyoming Allard Edwards McConnell The result was announced—yeas 95, (Mr. THOMAS) are necessarily absent. Allen Ensign Mikulski Baucus Enzi Miller nays 0, as follows: I further announce that if present Bayh Feingold Murkowski [Rollcall Vote No. 107 Ex.] and voting the Senator from North Bennett Feinstein Murray Carolina (Mr. HELMS) would vote Biden Fitzgerald Nelson (FL) YEAS—95 ‘‘yea.’’ Bingaman Frist Nelson (NE) Akaka Dorgan McCain Bond Graham Nickles Allard Durbin McConnell The PRESIDING OFFICER (Mr. Boxer Gramm Reed Allen Edwards Mikulski REED). Are there any other Senators in Breaux Grassley Reid Baucus Ensign Miller the Chamber desiring to vote? Brownback Gregg Roberts Bayh Enzi Murkowski Bunning Hagel Rockefeller The result was announced—yeas 97, Bennett Feingold Murray Burns Harkin Santorum Biden Feinstein Nelson (FL) nays 0, as follows: Byrd Hatch Sarbanes Bingaman Fitzgerald Nelson (NE) [Rollcall Vote No. 105 Ex.] Campbell Hollings Schumer Bond Frist Nickles Cantwell Hutchinson Sessions Boxer Graham Reed YEAS—97 Carnahan Hutchison Shelby Breaux Gramm Reid Akaka Durbin McCain Carper Inhofe Smith (NH) Brownback Grassley Roberts Allard Edwards McConnell Chafee Inouye Smith (OR) Bunning Gregg Rockefeller Allen Ensign Mikulski Cleland Jeffords Snowe Burns Hagel Santorum Baucus Enzi Miller Clinton Johnson Specter Byrd Harkin Sarbanes Bayh Feingold Murkowski Cochran Kennedy Stabenow Campbell Hatch Schumer Bennett Feinstein Murray Collins Kerry Stevens Cantwell Hollings Sessions Biden Fitzgerald Nelson (FL) Conrad Kohl Thompson Carnahan Hutchinson Shelby Bingaman Frist Nelson (NE) Craig Kyl Thurmond Carper Hutchison Smith (NH) Bond Graham Nickles Crapo Landrieu Torricelli Chafee Inhofe Smith (OR) Boxer Gramm Reed Daschle Leahy Voinovich Cleland Inouye Snowe Breaux Grassley Reid Dayton Levin Warner Clinton Johnson Specter Brownback Gregg Roberts DeWine Lieberman Wellstone Cochran Kennedy Stabenow Bunning Hagel Rockefeller Dodd Lincoln Wyden Collins Kerry Stevens Burns Harkin Santorum Domenici Lott Conrad Kohl Thompson Byrd Hatch Sarbanes Dorgan Lugar Craig Kyl Thurmond Campbell Hollings Schumer NOT VOTING—3 Crapo Leahy Torricelli Cantwell Hutchinson Sessions Daschle Levin Voinovich Carnahan Hutchison Shelby Corzine Helms Thomas Dayton Lieberman Warner Carper Inhofe Smith (NH) The nomination was confirmed. DeWine Lincoln Wellstone Chafee Inouye Smith (OR) Mr. LEAHY. Mr. President, I move to Dodd Lott Wyden Cleland Jeffords Snowe Domenici Lugar Clinton Johnson Specter reconsider the vote. Cochran Kennedy Stabenow Mr. BREAUX. I move to lay that mo- NOT VOTING—5 Collins Kerry Stevens tion on the table. Corzine Jeffords Thomas Conrad Kohl Thompson The motion to lay on the table was Helms Landrieu Craig Kyl Thurmond Crapo Landrieu Torricelli agreed to. The nomination was confirmed. Daschle Leahy Voinovich The PRESIDING OFFICER. The Sen- f Dayton Levin Warner ator from Nevada. DeWine Lieberman Wellstone Mr. REID. The majority leader has LEGISLATIVE SESSION Dodd Lincoln Wyden Domenici Lott asked me to notify everyone that fol- The PRESIDING OFFICER. Under Dorgan Lugar lowing this vote we are going to a pe- the previous order, the Senate will now NOT VOTING—3 riod of morning business until about return to legislative session. 2:30 today. I so ask unanimous consent. The majority leader. Corzine Helms Thomas The PRESIDING OFFICER. Is there f The nomination was confirmed. objection? The Senator from Okla- The PRESIDING OFFICER. Under homa. MORNING BUSINESS the previous order, the motion to re- Mr. NICKLES. Reserving the right to Mr. DASCHLE. Mr. President, I have consider is laid upon the table and the object, I would like to discuss this for been in consultation with the distin- President shall be immediately noti- a moment with my friend and col- guished Republican leader. We are con- fied of the Senate’s action. league. tinuing to discuss matters pertaining S4104 CONGRESSIONAL RECORD — SENATE May 9, 2002 to the trade package currently under consolidate their loans when variable inter- And this is my question to the lead- consideration on the Senate floor. est rates are high; and, can have a desta- er: Doesn’t the leader believe that we In order to accommodate additional bilizing effect in the guaranteed loan pro- have a real responsibility to do every- discussion, I ask unanimous consent gram. thing we possibly can to make sure col- that we proceed in morning business The proposal that the administration lege is going to be more affordable for until 2:30, with the time equally di- made through the OMB would cost the working families and for the middle in- vided between the two leaders or their typical student borrower $2,800, and the come, and that we are also going to designees. typical Pell grant recipient, who bor- stand to make sure we meet our com- The PRESIDING OFFICER. Is there rows, $3,100 over the life of their loans. mitment we made to the American peo- So in order to raise that $1.3 billion objection? ple and to the schoolchildren with re- for which they are proposing to offset, Without objection, it is so ordered. gard to the early education bill, that in part, the costs of the supplemental, we are going to try to meet our com- f what they want to do is charge the typ- mitment to those students, to the fam- ical borrower an additional $2,800 and STUDENT LOANS ilies, to the parents, and to the local the typical Pell grant recipient $3,100 Mr. DASCHLE. Mr. President, I want communities as well? over the life of the loan. to talk briefly this afternoon in morn- I am interested in hearing, as the Senator KENNEDY has held a hearing ing business about a matter that I this morning. We were very pleased majority leader of the Senate, how im- know is of great importance to a num- that the administration appears now to portant you think it is that we con- ber of people across the country, an have had a change of heart, for they tinue the effort to ensure we are going issue that was the subject of some dis- have announced they are reversing to make the dreams of our young peo- cussion in the health committee just their position. They now recognize that ple attainable—through quality edu- this morning. this was a major error and that they cation in K–12, and through higher edu- Students are borrowing too much, will now no longer adhere to that offset cation—and how strongly the leader is and students are working too much in as they look to ways in which to find committed to doing that, after thank- order to finance rising college costs. the money to pay for the supplemental. ing the administration for changing Sixty-four percent of all students We are very pleased with the admin- their position. borrow Federal student loans to fi- istration’s announcement that they Mr. DASCHLE. Mr. President, no one nance a college education today. The will not advocate this additional bur- knows more about the commitment we typical undergraduate student grad- den on students, both for student loans have made to the students who want to uates with about $17,000 in Federal loan as well as Pell grants. be involved in higher education than debt. But I must say, I thank the distin- the distinguished Senator from Massa- Student debt is skyrocketing. As a guished chair of the HELP Committee chusetts. He can probably tell us the result, many students find themselves for calling this to the attention of our very day it was done. But in recent saddled with unimaginable levels of colleagues, for calling it to the atten- times, we have increased the cap, the student loan debt and experience dif- tion, really, of the educational commu- availability of resources through both ficulty in repaying their loans. An esti- nity. Because of his stalwart advocacy, loans as well as the Pell grants to stu- mated 39 percent of all student bor- and the extraordinary attention that dents in order to accommodate their rowers today graduate with unimagi- this issue has generated over the last additional costs. nable student loan debt. couple of weeks, I am not surprised We have recognized that their costs The administration, in late April, that the administration has now had a continue to go up. We have recognized proposed to exacerbate the current cir- change of heart. how serious the financial problems are cumstances in ways that were inex- This was not a good idea. And, obvi- that many of these students have expe- plicable to many of us. They proposed ously, they have now come to that con- rienced. As a result, we have increased to raise student loan interest rates for clusion as well. the caps. That is why the original OMB consolidated loans by changing the So it is good news for students. It is decision is so mystifying. Because as consolidation loan interest rate from a good news for education. And it is espe- we raise the caps, if we raise the cost, fixed to variable rates. This proposal cially good news for those advocates, then we have not done anything to help has come along, as I noted, when mil- as Senator KENNEDY has personified, the students, so we have made this lions of students are struggling to pay who have called for this change of raise in eligibility for additional assist- for college. heart from the day it was announced. ance virtually meaningless. According to the Department of Edu- Mr. KENNEDY. Will the Senator I might say, there is a trend here be- cation, the typical borrower now grad- yield? cause that is basically what we did uates with almost $17,000 in Federal Mr. DASCHLE. I am happy to yield with the No Child Left Behind Act as student loan debt, as I noted a moment to the Senator from Massachusetts. well. We provided more opportunities ago. And more than half of all Pell Mr. KENNEDY. Mr. President, I for students in many respects, but then grant recipients graduate with student would like to preface my question with we underfund by more than $1 billion loan debt as well. The typical Pell this observation: Under the leadership the resources we should be providing to grant recipient who borrows graduates of Senator DASCHLE, there were 46 ensure that act is fully funded. with almost $19,000 in loan debt. Members of the Senate—under his lead- So there appears to be rhetoric, and The Office of Management and Budg- ership and Senator REID’s, and others— then there is the reality. There is the et, on April 25, released a third ‘‘Offset who wrote a letter to the President rhetoric, and then there is the re- Options for the Supplemental’’ appro- some 10 days ago, recognizing that if sources. The rhetoric is: We want to priations bill that is currently pending this policy of the administration went help all these students. The rhetoric is: in the House. Many of us were in- ahead, it would be like increasing taxes We don’t want to leave any child be- trigued with the offset option that for the average working family by hind. The reality is, we do not provide they chose to use involving student $3,700. That would be the average in- the resources to see that it happens— loan consolidation. I will quote from crease if they did not consolidate. It whether it is an OMB decision on stu- the document. It is under the category could go as high as $10,000. dent loans or the decision that the ‘‘For $1.3 billion for the Pell Grant I am wondering, I did not hear that budget implies on the part of the ad- shortfall, Student loan consolidation we ever received a response to that let- ministration to fund the No Child Left proposal.’’ And they stipulate that ter requesting the deferral of that ac- Behind Act. would raise $1.3 billion. Now I am tion. Ms. STABENOW. Will the Senator quoting from the OMB document: As Senator pointed out, I think all of yield? us in this body want to, first, give the Changing the interest rate formula from Mr. DASCHLE. I am happy to yield fixed to variable is a good thing as fixed rate assurances to young people in college to the Senator from Michigan. consolidation loans: can result in significant that we are going to do everything we Ms. STABENOW. I would like to Federal costs; have higher average costs to possibly can to make college afford- thank the leader personally on behalf borrowers; needlessly penalize borrows who able. of hundreds of thousands of students May 9, 2002 CONGRESSIONAL RECORD — SENATE S4105 and their families in Michigan for his sources. I appreciate her comment in list the issues seniors are interested in, leadership on this issue. And I also that regard. including Social Security—he is always thank the Senator from Massachusetts Mr. DAYTON. Will the majority lead- leading the charge in that regard. for his leadership. er yield for a question? If you talk about the poor, bank- When I first heard about what the ad- Mr. DASCHLE. I am happy to yield ruptcy, food stamps, he is always out ministration was proposing, I was as- to the Senator from Minnesota. in front, as well as on the minimum tounded. I received calls from so many Mr. DAYTON. I had been traveling wage, Medicaid. And then when you students and families in Michigan. around Minnesota a couple years ago talk about education, of course, his We all know, as you indicated, that while seeking this office, and I was committee has written legislation, not Pell grants are important, particularly stunned by the increasing number of the least of which is the work that was to lower income students. But so many students who were relying on loans and done in leaving no child behind, which middle-income families rely on the by the increased amount of money that is a great piece of legislation. We need loan program, and rely on the ability undergraduates and graduates were to make sure there is money there. The to receive the lowest possible interest building up in debt before they even environment, hate crimes, nuclear vic- rate in order to be able to send their got their first job in the workplace. It tims, I am so impressed with the work children to college. is $25,000 for somebody attending a 4- the Senator from Massachusetts does. I have to say, on a personal note, year public institution in Minnesota; And while people come to us all the having had a son go through college $50,000, even in a couple cases over time—you certainly more than I, de- and a daughter who is now in college, $100,000, for people who have come out servedly—about the things we have for myself with loans, I certainly ap- of graduate programs. Have you had done, we usually, on many of the issues preciate what families feel. that same experience in South Dakota I have mentioned, take the lead from When we saw the proposal to in- in the last few years? the Senator from Massachusetts. crease, essentially, the interest rates, Mr. DASCHLE. The Senator from Would the Senator agree with me it was nothing more than a tax on the Minnesota is exactly right. I don’t that, in the history of the Senate, ability of young people to be able to go know what the amount is in South Da- there have been very few Ted Kennedys to college and pursue the American kota for the typical student, but the who have been able to do things such dream. And we all certainly have a typical student nationally now grad- as this, and every college student and stake in making sure we do that. uates with about $17,000 in Federal loan parent who is paying off a loan I am So I thank the majority leader for debt. My guess is, it is somewhat lower sure can understand what I am saying. his leadership. I know that the Senator in South Dakota. I have talked to a lot Would the Senator agree? from Massachusetts, as well, has been of students who are very concerned Mr. DASCHLE. In the history of the vigilant. about paying off that debt, very con- Senate, I would say there has only been It is good news that they have ap- cerned about the debt service they one . But the point is so peared to change their minds, but we have to pay on a regular basis when well taken. For 35 years, this giant of certainly know that minds can be they graduate. This is something about the Senate has done remarkable changed again. As we go through this which they are very concerned. Thirty- things, probably has more legislation process, I know we will all stand to- nine percent of all student borrowers attributable to his contribution in this gether to make sure that this is an graduate today with what is termed an body than anybody in recent times. We area we do not touch. I cannot imagine unmanageable student loan debt. certainly recognize his many accom- something more important than mak- There is no question, this is a matter plishments. It is not only the level of ing sure the young people, the adults, that is of increased concern to students accomplishment and achievement but and families of this country have the all over the country, especially those the manner in which he accomplishes opportunity to get the skills they need in the Upper Midwest such as Min- them that is noteworthy. I appreciate to be successful in our economy. I am nesota and South Dakota. This is why very much his calling attention to this proud to stand with the majority lead- we were so mystified when they said, issue as well. er in support of this goal. we are going to ask students, on top of This is another example. This became Mr. DASCHLE. I thank the Senator all the debt they currently have, to pay an issue when the country, through his from Michigan. She has been a tremen- an additional $2,800 for a typical loan committee and his leadership, was put dous advocate for education ever since or $3,100 for a Pell grant recipient. I on notice about the implications of the day she was sworn. I am grateful to can’t imagine how we would want to this $1.3 billion offset. We are very her for her engagement and her will- exacerbate their problems by adding grateful to him for his work in this re- ingness to continue to work with us. even further cost on to the over- gard. She was one of the signatories on the whelming loan debt that many of them Mr. KENNEDY. If the Senator will letter the Senator from Massachusetts already have. yield, I am grateful to both of my col- has referenced. I thank her very much. Mr. REID. Will the Senator yield for leagues for their kind and overly gen- She made an interesting point. She a question? erous remarks. I plan to be here for a said, what the administration has de- Mr. DASCHLE. I am happy to yield while longer. cided could be decided in another direc- to the Senator from Nevada. Let me just carry on and ask the ma- tion at some later date, and we might Mr. REID. I wanted the leader to be jority leader, the President, with whom find ourselves in yet another set of cir- here because he mentioned it briefly. I we worked on education, was in south- cumstances involving the very same wanted to pick up on the fact that we ern Wisconsin earlier this week talking problem; that is, the rhetoric versus have all joined in the letter sent to the about the Federal Government having the reality, the rhetoric versus the re- President. I say ‘‘joined’’ because we a responsibility. He said: Generally sources. We will be going into appro- depend on the Senator from Massachu- that responsibility is to write a priations. I worry about the rhetoric setts for so many things. I want to see healthy check. We did so in 2002; $22 versus the resources once again. Are we if the leader will agree—and I know he billion for secondary, elementary edu- going to be able to ensure that we can does—the Senator, as we know, has a cation, a 25-percent increase. We have provide the commitment to students at great pedigree, but there is no one who increased money 35 percent for teacher all levels, that the resources will be serves in the Senate—I am not too sure recruitment, teacher retention, and there to match the rhetoric that we has ever served in the United States— teacher pay. hear coming from the administration who has been more interested and more Does the Senator not find it some- with regard to their commitment on concerned about the people who have what perplexing that we see in this education? I have my doubts. no one here to represent them. chart the Bush proposed increase for We have at least two instances now I made a couple of notes. On seniors, 2002 is 3.5 percent? It increased in 2002 so far—the student loan issue as well we have had no leader in the Senate as a result of the leadership of the Sen- as the no child left behind question— such as the senior Senator from Massa- ators from South Dakota and Nevada where the rhetoric has far exceeded the chusetts, whether it is Medicare, and the Democrats. We got it up to 20 results and the reality and the re- whether it is prescription drugs—you percent. The President is taking credit S4106 CONGRESSIONAL RECORD — SENATE May 9, 2002 for it out here in the Midwest. And now there are Massachusetts children left ment guarantees. And the people of the we have this year 12.8 percent. Do we behind, and Nevada and Minnesota United States wait for the Senate to find that somewhat perplexing when we children are left behind. I think that is fulfill its constitutional duties. have the President saying we have our the question we are going to continue The events of the past year clearly responsibilities to write a healthy to face throughout the remainder of demonstrate an active effort by the en- check? Well, the check was written and the year: Will we leave these children emies of the United States to destroy we increased it, but the Bush proposal behind because this administration re- the liberties and freedom of our great is at 2.8 percent. fuses to provide the resources? I hope Nation. The most basic of our coun- I wanted to mention, in the area not. try’s values and traditions are under which is of such central importance to Today, we got a good indication that, attack. Congress has responded by en- educational reform, that is, having a at least in one instance, they have acting new laws and by providing fi- quality teacher in every classroom, of changed their minds. When it comes to nancial assistance to businesses and all the educational issues, and there students, they will provide the re- families and defense. We acted swiftly are many—afterschool programs, the sources that match the initial reality. to suffocate terrorists and destroy the construction issues, smaller class We have a lot more of these instances hateful organizations that work to un- sizes—having a well-trained teacher in in store, but I think we have made the dermine our society. every classroom was key. first downpayment in the effort. I Yet the instruments through which The President was out in the Mid- thank and applaud the Senator from justice is served are being denied their west another day talking about all the Massachusetts for doing so. chance to serve by ugly, partisan poli- work they have done, increasing teach- I yield the floor. tics. For a year, Mr. Tymkovich’s nom- er recruitment, retention, and pay, 35 The PRESIDING OFFICER (Mr. ED- ination has languished in the com- percent. That is represented in this WARDS). The Senator from Colorado is mittee without action. Today, once $742 million. We supported every penny recognized. again, I urge you to move forward with of it. Mr. ALLARD. Mr. President, I under- his confirmation. Mr. Tim Tymkovich Well, now, look at this fiscal year’s stand we are in morning business. is highly qualified and will serve his proposed budget for the very same The PRESIDING OFFICER. The Sen- country with the utmost of patriotism function. Zero. Not even the cost of liv- ator is correct. and respect for adherence to constitu- ing. Zero. I am just wondering; when f tional principles. The committee must the Senator talks about the difference provide a hearing for the Tenth Circuit JUDICIAL NOMINATIONS between rhetoric and reality, there seat because the seat has remained va- must be people in the Senator’s own Mr. ALLARD. Mr. President, last cant entirely too long. State who have to wonder about that week Senator CAMPBELL and I sent a A necessary component of providing as well. I am just, again, wondering letter to the chairman of the Senate justice is an efficient court system—a whether it isn’t important for us, as we Judiciary Committee expressing our system equipped with the personnel are coming into the debate and na- concern about the state of the judicial and resources that enable it to fulfill tional elections in 2002—money doesn’t confirmation process. We shared with its role as a pillar of our constitutional solve everything, but money is a pretty the chairman our thoughts on the seri- system of government. clear indication of a nation’s priorities. ous injustice being served on the Amer- The current state of judicial nomina- I know the leader reached his hand out ican people by the committee’s failure tions is simply unacceptable. It has to the Republican leader and we passed to provide hearings for the President’s evolved into a petty game of entrench- a strong bipartisan bill that had re- judicial nominations. ment, creating a vacancy crisis that form. I think most of us thought we It is unfortunate that the citizens of prevents the service of the very justice needed reform and resources. the United States must bear the con- upon which our great Nation depends. This is enormously troublesome to sequences of the Judiciary Commit- The simple fact remains: Justice can- me in terms of the K through 12, as the tee’s delaying tactics. It is unfortunate not be delivered when one of every six efforts by the administration are to that the citizens must bear the burden judgeships on the appellate level re- prohibit consolidation. I wonder wheth- of delayed justice. One year ago, Presi- mains vacant. I will repeat that: One er the leader agrees with me that edu- dent Bush forwarded his first 11 judi- out of every six judgeships on the ap- cation is a key priority and that we are cial circuit court nominees to the Judi- pellate level remains vacant. going to have to watch every aspect of ciary Committee. Every person in this It is unfortunate—perhaps even it as we continue through this legisla- group of nominees received a ‘‘quali- shameful—that the confirmation stale- tive session so that we are going to fied’’ or ‘‘well-qualified’’ rating from mate continues. How much longer will meet our responsibilities to families the American Bar Association. Now, the American people have to wait? How across the country and sharing quality 365 days later, 8 of the original 11 nomi- much longer? Many people across the education, K through 12, and even ear- nees are yet to receive a hearing. One country are asking this same question lier education and college education. year later, we are still waiting to have and responding by urging the chairman Mr. DASCHLE. Mr. President, I a hearing for 8 of those 11 nominees. to act quickly and provide hearings for heard someone say the other day: You This weekend also marks the 1-year qualified judges. The sentiment is can’t fool all the people all the time, anniversary since the President nomi- being echoed across the pages of every but why not give it a try. nated Tim Tymkovich for the Tenth major newspaper in the Nation and the I think that is, in essence, what we Circuit Court of Appeals. So, today, 1 State of Colorado. They all agree that find the administration attempting to year since he was nominated by the the Senate must act to fill judicial va- do when it comes to education—simply President, I stand before you still hop- cancies and end this vacancy crisis. assert that they are for it and try to ing Mr. Tymkovich will have a hearing, Mr. President, I wish to share with fool all the people all the time. But the still hoping to fill the 3-year vacancy you some of the statements made in Senator from Massachusetts points out in the Tenth Circuit, and still hoping the editorial pages of these papers. the problems with that strategy. You that the people of Colorado, Utah, New They all recognize that the treatment can’t fool all the people all the time, Mexico, Oklahoma, and Nebraska will of certain Bush nominees has estab- when the resources simply don’t speak no longer be victimized by a vacant lished a pattern of political partisan- to the reality. bench—a bench paralyzed by a lack of ship. I ask that these editorials be That is exactly the problem the ad- personnel to move quickly through an printed in the RECORD upon completion ministration continues to face. The re- overwhelming caseload. of my statement. sources don’t speak to the reality. The So now Mr. Tymkovich, the former The PRESIDING OFFICER. Without resources fall far short of the reality. solicitor general of Colorado, waits in- objection, it is so ordered. We can all assert we are for education definitely for the opportunity to serve (See exhibit 1.) and that we are not going to leave any his country. He waits indefinitely for Mr. ALLARD. The first article is by child behind. But I can tell you, there his opportunity to help administer the the Denver Post, dated Monday, May 6, are South Dakota children left behind, justice that our constitutional Govern- 2002. The other article I ask to be May 9, 2002 CONGRESSIONAL RECORD — SENATE S4107 printed is an editorial by the Rocky nation enjoys broad bipartisan support [From the Rocky Mountain News, May 8, Mountain News from May 8, 2002. Next and the support of our State’s legal 2002] is an editorial by the Colorado Springs community. BUSH NOMINEES TO DENVER-BASED COURT Gazette, dated May 8, 2002. Next is an He has also passed the litmus test of STILL WAITING FOR HEARINGS editorial by the Rocky Mountain News, the chairman of the Judiciary Com- (By Robert Gehrke) dated May 9, 2002. mittee, Senator LEAHY, and is deemed WASHINGTON.—A year ago, it looked like Mr. President, the Denver Post edi- qualified by the American Bar Associa- smooth sailing for Michael McConnell. torial states: tion. The committee must move to end President Bush had made the conservative The U.S. Constitution grants to the presi- the confirmation stalemate and restore University of Utah law professor one of his dent the power to appoint judges with the the people’s faith that our judicial sys- first appeals court nominees, naming him to ‘‘advice and consent’’ of the Senate. There is tem is, indeed, built to provide all the the 10 Circuit Court of Appeals in Denver. nothing in that provision that anticipates a judicial resources that are needed to Approval by the Senate Judiciary Com- process in which a president nominates re- provide access to the courts of law. mittee, then chaired by Sen. Orrin Hatch, R– Utah, seemed certain. placements to the federal bench and the Sen- It must diligently perform its duty to ate acts as if it has no responsibility to co- Bush also nominated Colorado attorney operate. provide hearings so that the vacancies Tim Tymkovich to the 10th Circuit. that plague our courts may be filled. The Post continues in its editorial: A year later, Democrats control the Sen- The President has asked for the forging ate, and McConnell, Tymkovich and five . . . it is difficult to think of a single rea- of a bipartisan consensus in favor of other judges Bush nominated last spring are son why [Mr. Tim Tymkovich] has been de- fair and efficient consideration of all still awaiting a hearing. nied a confirmation hearing and an up-or- Hatch, McConnell’s leading backer, has down vote in the full Senate. Such a vote is judicial nominations—I do not think criticized Judiciary Chairman Patrick the prescribed solution for cases where there that is an unreasonable request—re- Leahy, D–Vt., for moving too slow on judi- is disagreement between the Senate and the gardless of the pattern of party control cial nominees, and frequently cites McCon- president. of the political branches of Govern- nell’s case as an example. The Post also expresses the frustra- ment. I urge the committee to answer ‘‘They know that Mike McConnell is one of tion that the American people are feel- this call and move forward with the ju- the truly great Constitutional scholars. ing: dicial nomination process and prove to They know he’s on the fast rack to the Su- Unless the Democrat leadership abandons the American people that the com- preme Court, so they’re going to delay this its delay tactics, we think the treatment of mittee is, indeed, interested in serving as long as they can,’’ said Hatch. judicial nominees ought to be a front-and- justice. Keeping McConnell off the bench, Hatch center issue in the upcoming elections. I thank the Chair. I yield the floor. said, keeps him from compiling the type of If the Senate won’t vote to end the judicial judicial experience he would need before EXHIBIT 1 logjam, maybe the citizens should. moving up to the Supreme Court. [From the Denver Post, May 6, 2002] The Rocky Mountain News notes Sens. Wayne Allard and Ben Nighthorse that Mr. Tim Tymkovich is not the POLITICS AND THE BENCH Campbell, both R–Colo., urged Leahy last only Tenth Circuit nominee awaiting a There is a fresh reminder of how political month to hold a hearing for Tymkovich. the judicial selection process has become. hearing, there are two vacancies, both ‘‘The current state of judicial nominations Colorado’s two senators, Ben Nighthorse is unacceptable,’’ they wrote in a letter to of whom were appointed 1 year ago. Campbell and Wayne Allard, both Repub- Leahy. ‘‘It has devolved into a petty game of This means the committee is depriving licans, have written a letter to Senate Judi- entrenchment, creating a vacancy crisis that the court of two qualified judges. Un- ciary Committee Chairman Patrick Leahy, prevents the service of the very justice upon fortunately, it is the people of the D–Vermont, pointing out that it was a full which our great nation depends.’’ United States who suffer, the people year ago that President Bush nominated McConnell and Tymkovich would fill the who turn to the courts to address their Denver attorney Timothy Tymkovich to a only two vacancies on the 10th Circuit, grievances. The committee does not seat on the 10th Circuit Court of Appeals. which handles appeals from U.S. district The two senators complained, and we courts in Utah, New Mexico, Colorado, Okla- face the daily injustice served on the agree, that ‘‘the current state of judicial people, nor does it face the costly court homa and Nebraska. Other circuits have nominations . . . devolved into a petty game more vacancies. delays caused by an overwhelming of entrenchment’’ that has created a vacancy Leahy spokesman David Carle defended the docket. The committee does not face crisis. pace of nominations, saying Democrats con- the frustration of citizens as they pur- The recent treatment of a Charles Pick- firmed 16 more justices in their first 10 sue justice in front of an empty bench. ering, a Bush nominee to the Fifth Circuit months in control than the Republicans did The Rocky Mountain News reveals Court of Appeals, consumed a great deal of in their first 10 months in 1995. that the chairman is blaming the the committee’s time and established a pat- Women’s groups, gay-rights advocates and tern of political partisanship. church-state separationists have all voiced President for the delay. According to The issue for the committee and the nation the chairman, ‘‘Controversial nomina- concerns about McConnell and Tymkovich’s is whether such treatment—and ultimate re- records. tions take longer.’’ But as the paper jection on a straight party-line vote in com- McConnell, 46, has represented several mittee—is a pattern the Democratic leaders points out, there is little controversy groups that have claimed government dis- of the Senate want to repeat. It will be no regarding the nomination of Tim crimination because of their religious be- bargain for the country if the Senate com- Tymkovich. Yet he still has not re- liefs. He has argued against a secular govern- mittee adopts a strategy of simply delaying ceived a hearing. ment in favor of an arrangement that ac- all Bush judicial nominations. cepts all religious on an equal footing. Outside the city of Denver, news- The U.S. Constitution grants to the presi- paper headlines herald the same mes- dent the power to appoint judges with the He opposes abortion and co-wrote a law re- sage, citing the stalemate as ‘‘justice ‘‘advice and consent’’ of the Senate. There is view article challenging the constitutionally delayed’’ and calling for action. The nothing in that provision that anticipates a of legislation that prohibited protests block- Colorado Springs Gazette states: process in which a president nominates re- ing abortion clinics. He represented the Boy Scouts of America There is a slate of looming vacancies on placements to the federal bench and the Sen- ate acts as if it has no responsibility to co- when they argued they should not be forced the federal bench across the country thanks to accept homosexual leaders. in large part to backlogged nominations, and operate. As Colorado’s solicitor general, Tymkovich its risks paralyzing the courts. Because Tymkovich is well-known in Colo- rado, having served as the state’s solicitor defended a state constitutional amendment The Gazette concludes by adding that general, it is difficult to think of a single prohibiting municipalities from adopting or- swift justice is supposed to be a hall- reason why he has been denied a confirma- dinances outlawing discrimination against mark of our system; its prospects do tion hearing and an up-or down vote in the homosexuals. not look good while policymakers are full Senate. Such a vote is the prescribed so- He also defended a Colorado law prohib- making it harder to get before a judge lution for cases where there is disagreement iting state financing of abortions in cases of at all. between the Senate and the president. rape or incest. Mr. Tymkovich is an outstanding Unless the Democratic leadership abandons Adam Shah of the Alliance For Justice, its delay tactics, we think the treatment of which helped defeat the nomination of Judge choice for the Tenth Circuit Court of judicial nominees ought to be a front-and- Charles Pickering to the Fifth U.S. Circuit Appeals, and he will serve this Nation center issue in the upcoming elections. of Appeals in New Orleans, said the group well, but he must be given the oppor- If the Senate won’t vote to end the judicial has not worked against McConnell or tunity to do so. In Colorado, his nomi- logjam, maybe the citizens should. Tymkovich but is examining their records. S4108 CONGRESSIONAL RECORD — SENATE May 9, 2002 ‘‘We understand that the president has the [From the Rocky Mountain News, May 9, Child Behind legislation which reau- right to name nominees that he chooses,’’ 2002] thorized the Elementary and Sec- Shah said recently. ‘‘We are willing to look GOP MAY PROTEST DELAY ON HEARINGS ondary Education Act and which was at the record and their political views and COLORADAN IS AMONG BUSH JUDICIAL NOMINEES see if they will make good judges . . . and signed into law in January. I saw for not turn back the clock on civil rights, wom- (By M.E. Sprengelmeyer) more than a year the President’s and en’s rights and environmental protections.’’ WASHINGTON.—Republicans might slow ac- this administration’s deep commit- tion in the U.S. Senate today to protest a ment and involvement to reforming [From the Colorado Springs Gazette, May 8, yearlong delay in confirming President and fully funding our education legisla- 2002] Bush’s judicial nominees, including one from tion and our commitment to our ele- JUSTICE DELAYED Colorado. mentary and secondary education, spe- BLOCKING NOMINEES IS AN OLD POLITICAL Saturday will be the one-year anniversary cial education under IDEA, and the bi- of Bush’s nomination of Tim Tymkovich to GAME—AND IT’S UNDERMINING OUR COURTS lingual and other programs that were Let’s not be naive about how presidential the 10th Circuit Court of Appeals in Denver. But he’s still waiting for a confirmation reauthorized in this legislation. picks, especially for the judiciary, quickly We have incredible leadership in the can become political pawns for members of hearing, as are eight of the first 11 judicial Congress. Holding up a nominee to the bench nominees Bush made a year ago today. White House, and that is why this bi- or to any other office requiring the Senate’s Republican Senators will call attention to partisan legislation passed by over 80 advice and consent has become nothing less the issue in a morning press conference, and votes in the Senate. It disappoints me than a venerated tradition. And it’s a bipar- then they are expected to invoke procedural and hurts me to hear my colleagues on maneuvers to slow the Senate’s work tisan affair even as each side howls with in- the other side of the aisle attack this dignation when the other does it. throughout the day. ‘‘It will be a slowdown in order to make administration and question its com- Sometimes it’s indulged for philosophical mitment to education. We saw in 30 reasons—a judicial nominee’s stance on abor- their point,’’ said Sean Conway, spokesman tion or capital punishment, for example. for Sen. Wayne Allard, R–Loveland. years under Democrat control an edu- Other times the stonewalling is mundanely Last week, President Bush called the situ- cation policy that got us nowhere, in political—perhaps some senators want a ation a ‘‘vacancy crisis,’’ especially in the 12 which the learning gap between high- president to back off of a threatened veto of regional Courts of Appeals, where one in six achieving and low-achieving students major legislation. A pending nomination can judgeships remains vacant. The Denver- never narrowed, in which test scores, based 10th Circuit is still waiting for nomi- prove a useful bargaining chip. It all makes instead of rising, continued to fall. for a very old game, and it has been that way nees Tymkovich and Michael McConnell of Utah to get hearings. Now we have a President who has almost every time the White House has said: Let’s try something different; changed tenants over the years. In response, Senate Judiciary Committee But that doesn’t make it right. More to the Chairman Sen. Pat Leahy, D–Vermont, let’s put real accountability into edu- point, the inclination of senators to make ju- pointed out that the Senate had confirmed 52 cation; yes, let’s increase funding, with dicial appointees cool their heels interferes of Bush’s nominees since Democrats took dramatic increases in title I, dramatic with the administration of justice. The lat- control 10 months ago. He said Bush should increases in IDEA, special education, est joust between the Senate and the presi- share the blame for other delays. and dramatic reforms and increases in ‘‘Controversial nominations take longer, dency is no exception. bilingual education; but let’s accom- To their credit, Colorado Republican U.S. and the President can help by choosing Sens. Ben Nighthorse Campbell and Wayne nominees primarily for their ability instead pany spending increases with account- Allard have written a letter to the Chairman of for their ideology,’’ Leahy said in a re- ability; let’s not just spend more, let’s of the Senate Judiciary Committee, Patrick lease. spend smarter. Leahy, D-Vt., making just that point. Some groups have questioned McConnell’s I, for one, stand and applaud the ‘‘The current state of judicial nominations nomination, claiming that the University of President for his leadership. I can only is unacceptable. It has devolved into a petty Utah professor would weaken the separation say as the President’s poll numbers game of entrenchment, creating a vacancy of church and state. They also question his views because he once represented the Boy soar on leadership in education and Re- crisis that prevents the service of the very publicans in general score better on justice upon which our nation depends,’’ Scouts of America in its bid to exclude ho- they wrote. mosexuals. McConnell backers say the fears education than ever before, that is the Of particular concern to the Colorado dele- are based on misunderstandings and that he only explanation for the misguided at- gation is the status of Colorado’s former so- has been endorsed by several Democratic tack on the President on the education licitor general, Tim Tymkovich, who was academics. issue which we just heard today. nominated by President Bush in 2001 to fill But there is little controversy over the Colorado vacancy on the 10th Circuit Tymkovich, Colorado’s former solicitor gen- f Court of Appeals. Saturday will mark the eral. one-year anniversary since Tymkovich’s Last month, Allard and Sen. Ben JUDICIAL NOMINATIONS nomination was sent to the Judiciary Com- Nighthorse Campbell, R–Ignacio, wrote Mr. HUTCHINSON. Mr. President, I mittee. Leahy, demanding that Tymkovich get a wish to speak about the tragic hold up It’s not as if there are some glaring blem- hearing. ishes on the man’s resume. On the contrary, ‘‘It has devolved into a petty game of en- of our circuit court nominees to the his nomination enjoys the broad support of trenchment, creating a vacancy crisis that Federal bench. It takes only a few our state’s legal community, and he was prevents the service of the very justice upon numbers to show the dramatic vacancy deemed qualified when rated by the Amer- which our nation depends,’’ they wrote. crisis we are facing in the Federal ican Bar Association. and still he remains in The PRESIDING OFFICER. The Sen- court system: 10 percent of Federal limbo. ator from Arkansas. judgeships are vacant right now, 85; 20 To reiterate, we’re not being naive here. percent of judicial seats at the Federal This is an old syndrome that conforms to no Mr. HUTCHINSON. I thank the political boundaries. Indeed, a couple of Chair. courts of appeals are vacant. With years ago, it was Allard who for a time I congratulate Senator ALLARD for an eight openings, half of the entire Sixth helped delay the nomination of a Clinton ad- excellent statement. I have a similar Circuit is now vacant. It is operating ministration pick for the 10th Circuit bench. story to tell of one of our nominees at half strength. But the underlying point the Senators from the State of Arkansas. The Judiciary Committee has held a make in their letter to Leahy is well taken. f hearing on only one of President Quite simply, there’s a slate of looming va- Bush’s seven nominees for the Sixth cancies on the federal bench across the coun- THE PRESIDENT’S COMMITMENT Circuit, and that hearing was held just try thanks in large part to backlogged nomi- TO EDUCATION nations, and it risks paralyzing the courts. a week and a half ago after pending for Whatever reservations members of either Mr. HUTCHINSON. Mr. President, be- over 6 months. Two of the Sixth Cir- party might harbor about any given nomi- fore I begin discussing the judicial cuit nominees, Jeffrey Sutton and nee, and however substantive those concerns nomination, I wish to respond to the Deborah Cook, were nominated a year may actually be on occasion, at some point colloquy that took place on the other ago today but have not yet had a hear- they pale next to the need for any judge at side of the aisle regarding our Presi- ing. all to attend to the logjam in federal courts. Swift justice is supposed to be a hallmark dent’s commitment to education. Do they question their ability? The of our system; its prospects don’t look good I serve on the Education Committee, ABA rated both nominees as unani- while the likes of Leahy are making it hard- and I was privileged to serve on the mously qualified, but they have lan- er to get before a judge at all. conference committee on the Leave No guished for a year. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4109 The numbers simply do not lie: 44 of Appeals, had languished for almost a this letter some time back. He wrote nominations are currently pending be- year without even a hearing. more recently on April 8 a specific let- fore the Judiciary Committee. Unfortu- Ever since this nomination, I have ter to Chairman LEAHY, and I ask nately, 22 of those unconfirmed nomi- looked forward to the day when I could unanimous consent that this letter be nees are for circuit courts, the court of sit next to Judge Smith in the Senate printed in the RECORD. last resort for most cases. Judiciary Committee and I could give a There being no objection, the letter In 1996, the current Judiciary Com- glowing introduction of my friend at was ordered to be printed in the mittee chairman called a vacancy rate that hearing. I have been waiting, I RECORD, as follows: of only two-thirds as high as the one have been waiting, and I have been NATIONAL ASSOCIATION FOR THE we face today a judicial emergency. It waiting. I have written Senator LEAHY ADVANCEMENT OF COLORED PEOPLE, is even more so today, and we are doing over and over, and I have talked to Little Rock, AR, April 8, 2002. even less about it. Senator LEAHY. Others have written Senator PATRICK LEAHY, Of the current 85 vacancies, 37 are and pleaded for a hearing, and yet U.S. Senate, Chairman, Judiciary Committee, Russell Senate Office Building, Washington, considered judicial emergencies by the nothing has happened. DC. Administrative Office of the U.S. I would like to tell my colleagues DEAR CHAIRMAN LEAHY: As the President of Courts. This is calculated based on the about my friend. Lavenski Smith the Arkansas State Conference of Branches number of years the judgeship has been earned both his bachelor’s degree and NAACP, I am writing to express our concern open and the size of the court’s case- his law degree from the University of that Attorney Lavenski Smith, who is from load. Arkansas. Following law school and 3 Arkansas, has not been given a confirmation Perhaps the most staggering fact is years working in private practice, hearing. President Bush nominated Mr. Smith approximately a year ago for the this: Of the President’s first 11 circuit Judge Smith served the poorest and Eighth Circuit Court, however, he has not court nominees submitted to the Sen- the neediest citizens of Arkansas as the been given a hearing before the Judiciary ate on May 9, 2001, only 3—Mr. Presi- staff attorney for Ozark Legal Serv- Committee. dent, only 3—have even received hear- ices. At Ozark Legal Services, he rep- While I understand there are some partisan ings by the Senate Judiciary Com- resented abused and neglected chil- issues involved, I am asking you as Chair- mittee. dren. These were children whose own man of the Judiciary Committee to, imme- This is a crisis by any definition, by diately, schedule a hearing on behalf of the parents were unwilling or unable to act confirmation of Mr. Smith for the Eighth any measure, and it is inexcusable. in their best interest, putting the chil- Circuit Court. It is my opinion that Mr. One of the nominees who has been dren in danger. So Judge Smith Smith is a fine individual and has served the waiting almost a year is from my home stepped in. people of Arkansas well in his capacity as a State of Arkansas. Judge Smith helped these children. public official. He is a very distinguished, very He represented them in our complex For additional information, you may con- qualified jurist named Lavenski Smith. legal system and navigated the foster tact me at (501) 227–7231 or by e-mail at [email protected]. This is my friend Lavenski Smith. care system for them. He helped find It is very easy to talk numbers. Num- Sincerely, the safest place for these children to DALE CHARLES, bers come and go. People come to the grow and to thrive. So he is committed President. Chamber and argue numbers and sta- to the needy. He is committed to the Mr. HUTCHINSON. I would like to tistics, but I want to put a face on poorest, and he has demonstrated that share with my colleagues what the what we are really talking about. with his life, not just with his rhetoric. President of the Arkansas chapter of Judge Smith was nominated for the In addition to this public service, the NAACP wrote concerning my Eighth Circuit Court of Appeals almost Lavenski Smith has volunteered his friend Lavenski Smith: a year ago, on May 22, 2001. I brought spare time to charitable endeavors Dear Chairman Leahy, as the President of this picture of Lavenski Smith in the such as raising funds for the School of the Arkansas State Conference Branch of the hopes this might put a human face on Hope, a school for handicapped children NAACP, I am writing to express our concern at least one of the people we are hurt- in his hometown of Hope, Arkansas. that attorney Lavenski Smith, who is from ing by these unjust and inexcusable After Judge Smith spent years working Arkansas, has not been given a confirmation delays. Judge Smith has received broad at Ozark Legal Services, Judge Smith hearing. President Bush nominated Mr. support from both of his home State opened the first minority-owned law Smith approximately a year ago for the Senators, from colleagues on the bench Eighth Circuit Court of Appeals. However, he firm in Springdale, AR, handling pri- has not been given a hearing before the Judi- in Arkansas, from colleagues from his marily civil cases. He then taught busi- ciary Committee. While I understand there days of practicing law. He has received ness law at John Brown University and are some partisan issues involved— the support of the American Bar Asso- took several positions in public serv- That is the greatest understatement ciation. He has received the support of ice, including working as the regu- ever made— the president of the Arkansas NAACP. latory liaison for Governor Mike I am asking you, as chairman of the Judi- He has received the support of editorial Huckabee in the Governor’s office. He ciary Committee, to immediately schedule a boards of both the left and the right currently serves as a commissioner on hearing on behalf of the confirmation of Mr. ends of the political spectrum in the our Public Service Commission. Smith for the Eighth Circuit Court of Ap- State of Arkansas. Now I mentioned he has this very peals. It is my opinion that Mr. Smith is a That is broad support. That is sup- broad support, and indeed he has. So fine individual and has served the people of port from the left and the right. There Arkansas well in his capacity as a public of- let me share some of the statements of ficial. Sincerely, Dale Charles, NAACP. is support from every colleague who support for Judge Lavenski Smith, What kind of support does one have has ever worked for him. There is sup- former Arkansas Supreme Court Jus- to have to get a hearing? How long port from his colleagues on the Arkan- tice, who was nominated almost a year sas Supreme Court. There is support does one have to wait to get a hearing? ago to the Eighth Circuit Court of Ap- In June of 2001, the American Bar As- from the American Bar Association. peals and has not been granted even There is support across the board. sociation, which has been called the the courtesy of a hearing before our gold standard of qualifications, agreed The NAACP president has written Judiciary Committee. asking for a hearing. Yet Judge and made a unanimous qualified deter- Dale Charles, the president of the Ar- mination. Chief Justice of the Arkan- Smith’s nomination languishes. Why? kansas NAACP, President Charles If he is confirmed, Judge Smith will be sas Supreme Court, W.H. ‘‘Dub’’ Ar- wrote: nold, well-respected jurist in the State the first African-American Arkansan He’s a fine person individually and in his on the Eighth Circuit. I wonder what of Arkansas, wrote on behalf of time on the Supreme Court he represented Lavenski Smith: the ladies and gentlemen of the press himself and the court well. I encourage them He is a great man. He is very intelligent. would be saying about this nomination to question him and let his record speak for He did a great job for us on the Arkansas Su- itself. I do not foresee his confirmation being were the tables reversed, were Repub- preme Court. I think he’ll make a great Fed- in jeopardy. licans in control and a Democrat nomi- eral judge. I think President Bush made the nee, an African American, who would This is Dale Charles, president of the best possible nomination he could have be the first on the Eighth Circuit Court Arkansas NAACP. Dale Charles wrote made. S4110 CONGRESSIONAL RECORD — SENATE May 9, 2002 Now, Justice Arnold is a Democrat, Holding up judicial nominees is not Mr. REID. Mr. President, there have but he is a fair-minded Democrat and just a political game. The confirmation been a couple of speeches on judges. I he is a distinguished jurist and he process is not a payback opportunity will say a few things pertinent to the weighs in and says President Bush for perceived wrongs of the past, nor discussion regarding judges. made the best possible nomination he should it be viewed as a chance to There is no better place to start than could have made. throw a roadblock before a new Presi- a few statements made by the Repub- We put in a call to Judge Smith to dent’s administration. The American licans in recent days. In 1999, the Re- let him know I would be making these people are watching the Senate’s fail- publican leader, Senator LOTT, said: remarks on his behalf in this Chamber. ure to fulfill its constitutional duty, I am saying to you, I am trying to help Judge Smith said: Well, go ahead. I do and they are wondering if we under- move this thing along, but getting more Fed- not think it will make much dif- stand what our role is. eral judges is not what I came here to do. ference, but go ahead. Last week, I received a call from a That is the Republican leader. I was so crushed that he is so cynical constituent in Arkansas. She had pre- The Senator from Pennsylvania, Sen- about the process that has already de- viously written to me asking me why ator SANTORUM, said on November 11 of layed this nomination for a year and the President’s very well-qualified 2001: not even given him a hearing, that his nominee to the Eighth Circuit Court of The delays are a result of ‘‘rank partisan- attitude about pushing hard for it real- Appeals, Lavenski Smith, has been ship by Tom Daschle.’’ ly will not accrue to any results. waiting for close to a year without the But this is what he said on the 18th Mike Huckabee, Governor of the courtesy of a hearing. I responded the day of August the year 2000: State of Arkansas stated: way I am sure many Members do, by A number of my Republican colleagues are He just has all the equipment to be an out- pointing out the letters I have written not likely to rush President Clinton’s life- standing jurist. I’ll be the first to predict supporting Judge Smith’s nomination, time judicial nominees through the con- that his next stop will be the United States urging quick attention by the Judici- firmation process when they think there is a Supreme Court. ary Committee. I told her I was work- chance another party could occupy the Governor Huckabee is a Republican. ing hard to convince the committee to White House in January. So we have Dub Arnold, a Democrat, examine his qualifications, as I knew My friend, Senator CRAIG of Idaho, and we have Mike Huckabee, a Repub- they would find his stellar record more said in June of 1996: lican. We have the NAACP. We have than adequate for the job. I wrote to There is a general feeling . . . that no more the American Bar Association in June this lady, my constituent, that Senate nominations should move. I think you’ll see of 2001 saying that a unanimous quali- procedure required the nominations to a progressive shutdown. fied determination has been made re- be reported out of the Judiciary Com- Now what he is saying: garding Judge Smith’s nomination. Yet mittee. There seems to be a concerted effort to op- he waits. It has now been almost 1 year She received my letter and called me erate very slowly around here. since he was nominated. last week. She said she had looked My friend, ORRIN HATCH, the chair- I have thought and thought, why? I through her Constitution and wanted man of the committee, talked about understand a nomination that is con- to read to me article II, section 2.2, his ideology. He said, when chairman of troversial, a nomination that has se- which states that the President shall the committee a couple years ago: vere opposition within the State of Ar- appoint justices with the advice and kansas—perhaps if the letter from the I led the fight to oppose the confirmation consent of the Senate—not the Judici- of these two judges because their judicial president of the NAACP had been a ary Committee. She wanted to know records indicated they would be activists critical letter or perhaps if his col- why the Senate was allowing a par- who would legislate from the bench. leagues on the Arkansas Supreme tisan hijacking of Senate procedure to A couple of months ago he said: Court had come out publicly and said prevent fulfillment of our constitu- I would like to address some recent at- they question his qualifications, per- tional duty. tempt to reinvent history by repeating this haps then there would be some way to I tell this story to illustrate that the convenient myth that I, as chairman, understand why there has not even vacancy crisis in the judiciary is hav- blocked President Clinton’s nominations on been a hearing for Judge Smith. ing affects beyond the administration the basis of political ideology. So I have thought about why, and the of justice. Our failure does not just cre- That is what he said. only opposition I can find, I say to my ate backlogs that allow dangerous Again, my friend, the Republican distinguished colleagues and to our criminals on the street longer, leaves leader said: Presiding Officer today, to Judge the innocent waiting longer for vindi- The reason for the lack of action on the Smith’s nomination is found on two cation and slow victims access to jus- backlog of Clinton nominations was his Web sites. One is NOW, the National tice. When we leave half of the bench of steadily ringing office phone saying ‘‘no Organization for Women, and the other a court of appeals empty and another more Clinton Federal judges.’’ is NARAL. one only two-thirds full, the American Senator LOTT said he received a lot Judge Smith, for all of his qualifica- people start to doubt our ability and of phone calls saying ‘‘No more Clinton tions, all of his distinguished service, our will to carry out our constitutional judges.’’ So that is what he did. all of his commitment to the poor, duties. He said to the Bulletin’s needy, and handicapped in our society, I know my colleagues on both sides Frontrunner, a newspaper: has one grave shortcoming: He is pro- of the aisle share my reverence and re- Until we get 12 appropriations bills done, life. There are those on the Judiciary spect for the Constitution. I hope we there is no way any judge, of any kind, or Committee who have said: Don’t send will move forward and confirm, or at a any stripe, will be confirmed. us a pro-life nominee. They are dead on very minimum, have hearings and Senator HATCH said: arrival. That is tragic. votes on the 44 nominees still pending, The claim that there is a vacancy crisis in To those who for years have de- including my very qualified and very the Federal courts is simply wrong. Using nounced the idea of a litmus test to the dear friend, Lavenski Smith, who the Clinton administration’s own standard, Federal bench, that we only look at would be a very able jurist and judge the Federal Judiciary currently has virtual full employment. whether one is qualified or not, no one on the Eighth Circuit Court of Appeals. raised the issue of whether Judge This will set an important precedent We have established the vacancies in Smith is qualified. Yet the only opposi- for this circuit court of appeals by the Federal judiciary created by Re- tion has been NARAL and the National serving as the first African American publicans. Senator HATCH said don’t Organization of Women, and they say on the Eighth Circuit Court of Appeals. worry. he is pro-life; he has a record of being I ask once again, after nearly a year, Although just a short time ago he pro-life. How can we possibly consider for a hearing for my friend and for said: him for the Eighth Circuit Court of Ap- movement on these very important ju- If we don’t have the third branch of gov- peals? That is a litmus test if there dicial nominations. ernment staffed, we’re all in trouble. ever was one, and they are blatant I yield the floor. The Republicans say they want hear- about it. So we wait. And Judge Smith The PRESIDING OFFICER. The Sen- ings. I heard my friend from Arkansas waits. ator from Nevada. say they want hearings. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4111 These are people President Clinton How much time is remaining on this Though Baseball Commissioner Bud nominated who never ever got a hear- side of the aisle? Selig sought to fix some of the prob- ing—not 2 days later, 2 weeks later, 2 The PRESIDING OFFICER. Fourteen lems of the past when, a few years ago, months later, 2 years later. They never minutes. he awarded an annual $10,000 pension got a hearing. Fine people. In Illinois, Mr. LOTT. On each side? benefit to some of the Negro Leaguers, Wenona Whitfield; in Missouri, Leland The PRESIDING OFFICER. Yes. he left out those who played solely in Shurin; in Pennsylvania, John Bingler; Mr. LOTT. Mr. President, the major- the Negro Leagues from 1948 to 1960. in South Dakota, Bruce Greer; in Cali- ity leader took some time at the begin- Major League Baseball contends they fornia, Sue Ellen Myerscough; Texas, ning of this debate. Was that out of were left out because the sport was in- Cheryl Wattley; in Texas, Michael leader time? tegrated during that time. But an ac- Schaffman. Mr. REID. It was not out of leader curate reading of history shows it took Circuit judges in the Fourth Circuit, time. the Big Leagues many years to inte- James Beaty; Richard Leonard, never Mr. LOTT. It was not out of leader grate following Jackie Robinson’s got hearings; Annabelle Rodriquez. In time? debut. In fact, the Boston Red Sox the 105th Congress, Helene White, Ohio; The PRESIDING OFFICER. It came didn’t have a single black on its team Jorge Rangel in Texas; Jeffrey Cole- out of morning business time. until 1959—more than a decade after The Senator from Florida. man, North Dakota; James Klein, Dis- Robinson’s move to the Majors. Mr. NELSON of Florida. I ask, of the trict of Columbia; Robert Freedberg, The players still seeking a small re- remaining 14 minutes, that I have con- Pennsylvania; Cheryl Wattley, Texas; tirement have been reaching out to sent to have 5 minutes and the remain- Lynette Norton, Pennsylvania; Robert Commissioner Selig now for 5 long ing time for my colleague from Min- Raymar, Third Circuit; Legrome Davis, years now. But their requests have nesota, to be followed by me. been ignored. I joined them last year in Pennsylvania; Lynne Lasry, California; Mr. LOTT. I reserve the right to ob- trying to find some resolution to this Barry Goode, California. No hearings. ject, Mr. President. I believe the agree- dispute, but my efforts to meet with In the 106th Congress, 33 never get a ment was we would have it equally di- Commissioner Selig also have been ig- hearing: H. Alston Johnson, Louisiana; vided; we could go back and forth. So nored. James Duffy, Hawaii; Elana Kagan, after 5 minutes I would like to then Meantime, these ex-players are get- District of Columbia; James Wynn, have an opportunity to speak out of ting old. Three of them died late last North Carolina; Kathleen McCree- our time on this side. month—two on the same day. Lewis, Ohio; Enrique Moreno, Texas; Mr. NELSON of Florida. Then, Mr. On April 23, we lost James ‘‘Pee Wee’’ James Lyons, Colorado; Kent Markus, President, I will yield to the Senator Jenkins, a native of Virginia. Jenkins Ohio; Robert Cindeich, Pennsylvania; from Minnesota. He has a time prob- pitched for the New York Black Cu- Stephen Orlofsky, New Jersey; Roger lem. bans. Gregory, Virginia; Christine Arguello, Mr. WELLSTONE. Mr. President, Just last year, Jenkins threw out the Colorado; Elizabeth Gibson, North that is very gracious. The Senator first pitch at Shea stadium, as the 2001 Carolina; J. Rich Leonard, District of from Florida will go now followed by Mets—dressed in Black Cuban uni- Columbia; Patricia Coan, Colorado; the minority leader and then I will fol- forms—paid tribute to Jenkins and the Dolly Gee, California; Steve Bell, Ohio; low the minority leader. rest of his fellow 1947 Negro League Rhonda Fields, District of Columbia; S. The PRESIDING OFFICER. The Sen- World Series champions. David Fineman, Pennsylvania; Linda ator from Florida. Riegle, Nevada; Ricardo Morado, James Cohen, Sr., of Washington DC, f Texas; Gary Sebelius, Kansas; Ken also died on April 23. A World War II Simon, Hawaii; David Cercone, Penn- THE NEGRO LEAGUES veteran, he pitched for the Indianapolis sylvania; Harry Litman, Oklahoma; Mr. NELSON of Florida. Mr. Presi- Clowns from 1946 to 1952, earning the Valerie Couch, Oklahoma; Marion dent, last week I learned of the death nickname ‘‘Fireball.’’ Johnston, California; Steve Achelphol, of three men. They lived apart from In his last year with the Clowns, he Nebraska; Richard Anderson, Montana; each other—one in Florida, one in Vir- played with the great, legendary Hank Stephen Liberman, Pennsylvania; Mel- ginia, and one in Maryland—but they Aaron. Mr. Cohen went on to be a post- vin Hall, Oklahoma. shared a special past. al clerk for 35 years. And in 1994, he Before I sit down, they talk about All three played in baseball’s Negro was honored at the White House by Hispanic nominees. There is a Hispanic Leagues. They did not receive million- Vice President Al Gore. Mr. Cohen was nominee they say has not moved quick- dollar contracts. They did not get en- survived by two sons, seven grand- ly enough. dorsement deals. They just played children and five great-grandchildren. Jorge Rangel, who was nominated in baseball. Back in Florida, we lost Eugene July of 1997, never got anything. Sadly, these three men were part of a White, of Jacksonville, on April 26. He Enrique Moreno, Fifth Circuit, nomi- group of about 165 players who never was an infielder for the Chicago Amer- nated in 1999, didn’t get anything. received a pension for their time in the ican Giants and the Kansas City Mon- Christine Arguello, July of 2000—noth- leagues. archs. As a retiree, he coached little ing happened. Ricardo Morado, south The Negro League was founded in league. On the playing field, he taught Texas—nothing happened. Anabelle 1920 by Andrew ‘‘Rube’’ Foster. With 72 more than baseball. Rodriguez—these are just some of the teams and more than 4,000 players, the Rob Stafford, one of Mr. White’s names. Negro Leagues lasted until 1960, when former players, recently recalled some I suggest before the tears run too its last team folded. of the lessons Mr. White taught the heavily down the cheeks of my Repub- For half a century, most of the Negro kids. lican friends, they should go back and League players were denied the oppor- Said Mr. Stafford: read their own statements given by tunity to play in the Majors. He taught me a lesson that I only learned their own Senators, and find out the Even though Jackie Robinson broke to appreciate as a man—the lesson of toler- the color barrier in 1947, it took an- ance. States where people who were nomi- He taught to never prejudge, minimalize or nated by President Clinton never got a other decade for Major League Baseball marginalize a person. He taught me that hearing. to really become integrated. All the every person deserves a chance to partici- The PRESIDING OFFICER (Mr. CAR- while, baseball had its antitrust ex- pate, to be included. . . . PER). The Senator from Florida. emption to unfairly compete against He is now a star on God’s level playing Mr. NELSON of Florida. Mr. Presi- the Negro Leagues, and systemically field. dent, how much time do we have re- discriminated against most Negro Mr. White, Mr. Jenkins and Mr. maining on this side? League players for many years after Cohen were some of baseball’s living The PRESIDING OFFICER. The Sen- 1947. legends. But these legends are dying. ator has 14 minutes. That is the crux of the argument And so today, to Mr. Selig and to Mr. LOTT. Mr. President, parliamen- many of these old-timers have about Major League Baseball, I say this: time tary inquiry, if the Senator will yield: not getting even a small pension. is running short for you to do the right S4112 CONGRESSIONAL RECORD — SENATE May 9, 2002 thing. Major League Baseball can about all of these people. Gosh. You This is outrageous—these are hard- choose to resolve this issue and, can talk about what we say we believe in— working, decent, compassionate men give these players a small token for people who have just worked their and women who have devoted their their achievements. heads off all of their lives, taconite lives to the steel industry—an industry I sincerely hope Major League Base- workers, helping to produce steel, that is essential to our national secu- ball will. which is so critical to our national se- rity—and now they find themselves The PRESIDING OFFICER. The Sen- curity, and a part of all of our military without health insurance they were ator from Minnesota. efforts. People are really proud and are promised in their retirement because Mr. WELLSTONE. I thank my col- proud of their families. They are proud their companies have gone bankrupt, league from Florida for his very elo- of the range. Through no fault of their they’re out in the cold without the re- quent statement. Second, I thank the own, 32 steel companies have declared sources to pay for health insurance, minority leader, Senator LOTT from bankruptcy, and then they walk away and the President says, oh, no, they Mississippi, for his graciousness in let- from these people. don’t need the 1-year lifeline this bill ting me proceed. I will try to be brief. They say they can no longer cover offers. f their health care benefits, nor their re- Frankly, President Bush talks about tiree benefits. Many people are afraid what he’s done for the steel industry HEALTH INSURANCE ASSISTANCE of no longer having prescription drug and for steel workers. But there is not Mr. WELLSTONE. Mr. President, coverage. a lot of substance there. last week I said to people in northern People were really hopeful, and I was First, we had a section 201 decision Minnesota—specifically northeast Min- able to report last week, and I was that is looking more and more cos- nesota on the Iron Range—that I proud. I thank Senators ROCKEFELLER, metic. It may have brought relief to thought we had a real breakthrough. I MIKULSKI, STABENOW, LEVIN, and cer- some sections of the steel industry, ex- thought it was part of fast track on tainly my colleague MARK DAYTON. We cept that now the administration is en- trade adjustment authority, including worked hard to have iron ore and taco- tertaining all sorts of exceptions— legacy costs, and a 1-year bridge where nite included. there are over 1,000 exceptions to the health care costs would be covered. This was a pragmatic part of the President’s section 201 decision and Through no fault of any of the retirees, trade adjustment assistance—only a 1- Secretary O’Neill is reported as saying a lot of these companies, including year bridge, but it was a start. It would that ‘‘a significant portion of them will LTV, declared bankruptcy and walked give people some security, and it was be favorably decided.’’ away from health care benefits, which the right thing to do. Then there is the fact that the deci- is terrifying to people in their older The President has talked about his sion did nothing to help Minnesota’s age. concern for steelworkers. Over and Iron Range—nor the iron industry as a Yesterday, the administration came over again, he professed his concern for whole—deal with import surges of out with a statement about this trade steelworkers. Then, specifically, the semi-finished slab steel. While the administration opposes the Daschle adjustment assistance package: President imposed tariffs on every substitute last-minute addition of other product category for which the Specifically, the administration opposes health insurance assistance for steel the Daschle substitute last-minute addition International Trade Commission had retirees. of health insurance assistance for steel retir- found injury, for steel slab he decided ees. We know there is going to be a point of order and a budget challenge on this to impose ‘‘tariff rate quotas.’’ This There is a nightmare. I say to my amendment. I believe what the White brings us virtually no relief. Nearly 7 colleague from Mississippi that this is House has now done is basically sealed million tons of steel slab can continue an absolute nightmare for people on its fate. We are not going to be able to to be dumped on our shores before any the range. have this bridge. We are not going to tariff is assessed. For folks on the Iron The President talked about how con- be able to have this assistance for peo- Range, the injury will continue. Then, the President in his section 201 cerned he is. But this is just a 1-year ple. bridge to help pay for these retirees’ I question this fast track for a lot of decision—and subsequently—has to- health care costs until we put together reasons, but, at the very minimum, tally ducked the serious legacy cost a package that deals with the legacy when people are out of work through problem that is suffocating the domes- costs for the future. no fault of their own—or people work tic steel industry. In the last 2 years, 32 The President crushed the hopes of for an industry that has been besieged U.S. steel companies have filed for people with this position that the with unfair trade—the only thing they bankruptcy, and these companies rep- White House has now taken. are asking for is a bridge to make sure resent nearly 30 percent of our domes- The President says: Look what I have retirees don’t lose their benefits. tic steel making capacity. These fail- done for the steel industry. He talks All of us have worked so hard to- ures weren’t the fault of the workers at about section 201, but now there are gether—Senator SPECTER and Senator these companies. These failures re- 1,000 exceptions to the kind of trade re- DEWINE—to get this done. Now the ad- sulted from unfair and predatory prac- lief we thought we were going to get ministration comes out yesterday and tices of our trading partners over an through section 201. torpedoes the whole thing. extended period. Yet despite the moral In Minnesota, we were concerned Mr. President, are you for the taco- and economic imperative to do some- about what was happening to the taco- nite workers on the Iron Range? Are thing about this legacy cost problem so nite industry. We were talking about you for the steelworkers? You say you that the steel industry, so essential to the unfair competition from semi- are. our national security, can rebuild and finished slab steel. We will be back on this over and over revitalize itself, the President has Basically, the administration came again. But this is a huge blow for the washed his hands of the matter. It is up with a tariff quota, and it was 7 mil- Iron Range in Minnesota and for me as somebody else’s problem he says. lion tons of slab steel a year, which is a Senator from Minnesota trying to do And now there is the current bill. what is being dumped right now on the my best to represent people. Those of us who are serious about this range. It didn’t give us any relief what- Yesterday the President made it very legacy cost problem, and it is a bipar- soever. clear that all of his talk about helping tisan group, have introduced S. 2189, But, most important of all, what is the hard-working men and women of the Steel Industry Retiree Benefits happening now with this statement of the U.S. steel industry is just that— Protection Act of 2002, to address the position by the administration is they talk. His latest pronouncement is that legacy cost question in a comprehen- are just walking away from dealing steelworker retirees don’t need the as- sive way. In the meantime, however, with the legacy costs. sistance this bill would have provided recognizing that every day steelworker Jerry Fowler, who testified before to help them for 1 year to pay for retirees whose companies are going the HELP committee a couple of weeks health insurance they are losing be- bankrupt are losing their heath insur- ago, president of Local 4108, talked cause their company has gone bank- ance, Senator DASCHLE introduced pro- about the pain on the range, and talked rupt. visions to provide stop gap assistance— May 9, 2002 CONGRESSIONAL RECORD — SENATE S4113 1 year of health insurance to retirees JUDICIAL NOMINATIONS including serving as Assistant U.S. So- who right now are losing their bene- Mr. LOTT. Mr. President, I have been licitor General under President Clin- fits—to tide folks over while we work wanting to speak about the situation ton, a Supreme Court law clerk, argu- on the larger problem. with regard to the President’s judicial ing 15 cases before the Supreme Court, And that, incredibly, is what Presi- nominations. I have a number of points and working as a Federal prosecutor. dent Bush yesterday announced his op- I wish to make. He also graduated magna cum laude position to. It is now abundantly clear, I know there were some discussions from Harvard Law School—not an in- if there had been any doubt, that this about the nominations earlier this stitution known for turning out con- President is not interested in health morning and even this afternoon. The servative lawyers, or judges—but cer- and well-being of our steelworker fami- major point we are trying to make tainly an eminently respected institu- lies. today is that today is the 1-year anni- tion as far as quality, high standards, In Minnesota, on the Iron Range, versary of eight of the President’s and academic rigor are concerned. Yet there are several thousand retirees who nominations to serve on circuit courts. Estrada has been denied a fair hearing. find themselves in desperate need of as- These minorities, men and women, Why? Noone has suggested he is not sistance and this administration is have not even had the courtesy of a qualified by education, by experience, turning its back on them. hearing, let alone a vote in the Judici- or by professional or personal integ- Earlier this year, the HELP Com- rity. mittee held hearings on the need for ary Committee. I have learned over the years that Does he have a conservative philos- legacy cost legislation both for retirees when you are talking about judges and ophy? Does he believe in strict con- and for the industry. The testimony judicial nominations each side will struction of the Founder’s intent in in- was riveting. The need compelling. My have their statistics about what hap- terpreting the Constitution? Yes. Does good friend, Jerry Fallos, president of pened in the Clinton years, what hap- that disqualify him? It should not. Local 4108 of the United Steelworkers pened in the Reagan years, and what I voted for Justice Ginsburg when she of America, testified at those hearings. came before the Senate. I did not agree The stories he had to tell were grim in- happens right now. But the fact is, these eight nominees have not even with her judicial or legal philosophy. I deed. knew she would rule quite often in As Jerry said, the people of the Iron had a hearing; they have been pending for a full year. ways with which I would not agree. Range are used to hard times. They While most justices exercise discretion, have weathered any number of chal- There are actually 11 nominees who were sent forward in a group—the first you can’t always count on how they lenges over the years. They are good may rule. But she was qualified by ex- people, proud, hard working—the best nominations of President Bush. Three perience, by education, and by personal you can find anywhere. They are sur- of those have been confirmed. Two of integrity and demeanor and I voted for vivors—and they will get through these those, I might add, were recycled, in ef- her regardless of the fact that her phi- difficult times as well. They have given fect, because they were Democrats, or losophy was contrary to my own. much to their country, and now they were selected by Democrats, and they were qualified. The President resub- Unfortunately, I cannot think of any need our help. other reason than ideological prejudice The good people of the range have re- mitted their names. They got through for why Miguel Estrada has not had a sponded to their country in its times of the process. But these eight have not hearing and an opportunity to be voted needs. Over the years our Nation’s had any further consideration for a full economy flourished and our manufac- year. on—despite the fact that he was unani- turing industries boomed from the iron You can argue statistics. But usually mously given the ABA’s highest rating, ore produced through the labors of Presidents get their circuit nomina- ‘‘well qualified’’ by the American Bar steelworkers on the range. tions confirmed within a year of having Association which is supposed to be the Yesterday, when President Bush an- them sent forward. Democrat’s Gold Standard for evalu- nounced his opposition to helping these The President sought men and ating nominees judicial qualifications. steelworker retirees he said it would women of great experience and who Yet, Miguel Estrada has not even had a cost too much. We think his $800 mil- meet the highest standards of legal hearing. lion estimate is way off, but even if training, temperament, and judg- Another example, which is clearly you accept it at face value, it pales in ment—for all of his nominations, but one that is hard to understand, is the comparison to the billions and billions particularly for this first group of cir- delay in considering Justice Priscilla of dollars of tax giveaways this admin- cuit court nominees. Owen, a nominee to the Fifth Circuit istration is happy to make available to He sought out nominees who respect Court of Appeals. I have a special feel- multinational corporations and the the powers given to them by the Con- ing in my heart about this circuit be- wealthy. stitution and who will interpret the cause it does include my State of Mis- We are talking about $120 billion over law—not make the law. He sought out sissippi. Judge Owen has served on the 10 years to make the estate tax perma- nominees who have reputations as law- Texas Supreme Court since 1994. She nent, and $400 billion over 10 years to yers of skill, discernment, and high has been involved in business in the make all of the tax cuts permanent. character. He even sought out nomi- private sector. She is an outstanding Are these our priorities—$400 billion to nees who had a great deal of experience graduate of Baylor Law School in multinational corporations and in arguing cases before the Supreme Texas. wealthy individuals as opposed to $400 Court. In this group of eight nominees, Again, by education, by experience, million to help steelworker retirees they have collectively appeared before and by personal integrity, this is a lady keep their health insurance for 1 year? the Supreme Court over 60 times. One who should have been accorded a hear- I have asked many time before: of the nominees has alone argued be- ing and a vote by now in the Judiciary Where are our priorities; where are our fore the Supreme Court 30 times. In Committee and on the floor of the Sen- values? How can we tolerate such terms of their education, their experi- ate. choices—tax breaks to help multi- ence, and their integrity, this group is Mr. President, why do we need an- nationals over health insurance for unimpeachable and quite remarkable. other pound of flesh concerning the steelworker retirees? Here are these individuals’ pictures. I Fifth Circuit Court of Appeals? Is These families need our help. I urge think a picture helps inform our de- Judge Charles Pickering who has al- my colleagues not to turn our backs on bate, because it takes the debate away ready been voted down in the Judiciary these men and women who have served from the realm of just statistics or Committee not enough. If we are look- their country so well. mere names. ing for tit for tat, how about just say- The PRESIDING OFFICER. The Re- Mr. President, when we are talking ing: OK, good, take that, Mr. Presi- publican leader. about judges who have been delayed, dent, TRENT LOTT, Republicans, we re- Mr. LOTT. Mr. President, how much we are talking about Miguel Estrada, paid you what you deserved from the time do we have remaining? who was born in Honduras, and has past? But how does all of that apply to The PRESIDING OFFICER. Fourteen lived the American dream. He has tre- Priscilla Owen? Why has this lady not minutes. mendous experience in his profession, been accorded a hearing? Remember, S4114 CONGRESSIONAL RECORD — SENATE May 9, 2002 once again, that she has been pending School. This is one of the two nomi- garding judges. We had six judges on for a full year. nees, the other being John Roberts, the calendar ready to be voted on; but One interesting thing of note, Mr. who was first nominated to be a circuit only four were moved, the other two President, is that two of these nomi- court judge back during the first Presi- were not. One of the two nominees has nees, were actually nominated by the dent Bush’s administration. He was a very close association with Senator first President Bush. So they in a sense younger and well experienced then, and HATCH. The other one is the lone cir- have been waiting over 10 years to get he now has another decade of experi- cuit judge on the calendar. So, once a fair hearing and be confirmed to the ence as a Federal district court judge again, it appears circuit judges are re- circuit courts. to his credit. And here he is back ceiving worse treatment by the Judici- John Roberts is one of those two, and again, only to be denied a fair hearing ary Committee than are the Federal has again been nominated to the DC by the Democrats. district court nominees. Circuit Court of Appeals. He is one of So, in each and every one of these I realize around here we get to think- the Nation’s leading appellate lawyers, cases, there is no explanation for the ing: Well, wait a minute, circuit courts having argued 36 cases before the U.S. year-long delay in giving President are more involved in the interpretation Supreme Court, and serving as a Dep- Bush’s first group of nominees prompt of the law. Maybe they are more impor- uty Solicitor General for our Nation. and fair treatment. tant. But I will tell you what, if you He also graduated magna cum laude Michael McConnell has been nomi- ever practiced a day of law, the ones from Harvard. So again, by education, nated to the Tenth Circuit Court of Ap- you see who really are dealing with the by incredible experience, and by per- peals and again he is an eminently law every day are the Federal district sonal integrity, he has stellar quali- qualified legal scholar. He is one of the judges. I do not understand the big di- fications to serve as a circuit court Nation’s leading constitutional schol- chotomy here and why the circuit judge. Yet, he too has been denied a ars, the author of legal books, and a judges are being delayed and treated so fair hearing and an opportunity to be prolific contributor to law journals. He unfairly. considered by the Senate by the major- has argued 11 cases before the Supreme I want to point out what is happening ity of Democrats on the Judiciary Court. His reputation for fairness and in terms of these circuit judges nomi- Committee. integrity has generated support from nated by President Bush as compared Mr. President, our Nation’s fourth numerous law professors. He is a grad- to the treatment that was afforded cir- President, James Madison, was cer- uate of the University of Chicago Law cuit court nominees during President tainly correct when he said that the School. Again, on what possible Clinton’s first two years in office. courts exist to ‘‘exercise not the will of grounds is such an extraordinarily First off, I should note that while men, but the judgment of law.’’ This qualified individual denied a hearing President Bush sent his first nomina- President has gone to great lengths to for over a year? tions up on May 9, 2001, a year ago, Judge Dennis Shedd, a nominee to nominate the kind of men and women President Clinton did not send up his the Fourth Circuit Court of Appeals, who will do that once they are con- first batch of nominations to the Sen- was another nominee unanimously con- ate until August of his first year in of- firmed. Another nominee who has been de- firmed to be a Federal district judge in fice. 1990—yet another sitting Federal dis- So, there was actually less time to layed for over a year without cause or trict judge, Mr. President. He is strong- actually get President Clinton’s nomi- justification, is Justice Deborah Cook, ly supported in his home State by both nees confirmed than there has been to nominated to the Sixth Circuit Court Senators—Senator and get George Bush’s out. of Appeals. She has served as a justice Senator STROM THURMOND—and served Yet you can see from the chart what on the Ohio Supreme Court since 1994. in the past as chief counsel to the Sen- is actually happening with Bush’s Before becoming a judge, she was the ate Judiciary Committee. He is one of nominees, particularly with respect to first woman partner at Akron’s oldest ours no less. Yet, he has been waiting the circuit judges. President Clinton, law firm. She is a graduate of the Uni- unjustifiably for over a year for a fair in the 14 months after his first nominee versity of Akron Law School. hearing and a vote. was sent up, got 86 percent of them This is the circuit where half of the Mr. President, I believe I have talked confirmed by the time Congress ad- judicial seats are vacant. There is a about each one of the nominee’s per- journed. Ultimately, over the course of long history on why that is, but the sonal qualifications to serve on the cir- the following Congress, Clinton ended fact is that again the nominee is an cuit courts of America. I should note up getting almost all of the judges he eminently qualified nominee. And she that, back in January, the chairman of nominated during his first Congres- has been waiting 52 weeks for a hearing the Judiciary Committee indicated sional term. Again, I am not going to even though the ABA voted unani- there would be a hearing for Justice get into great arguments over the mously that she was qualified. Priscilla Owen, Michael McConnell, exact percentages or numbers, but So what is the problem, Mr. Presi- and Miguel Estrada—and that they there is clearly a problem here. While dent? There are no allegations of im- would have hearings this year. Now, I Clinton got 86 percent of his circuit proper conduct. There are no allega- guess we have 4 more months that have judges by the time his first Congress tions that she is not qualified by expe- expired, another 4 months in which adjourned, President Bush only has 30 rience, by education, or by demeanor, they have not been given a hearing percent so far. And at the current pace yet she is still waiting on a hearing. much less a vote. the judiciary is considering Bush’s Yet another nominee unjustifiably I hope they will given more than the nominees, it looks like Bush is not delayed is Judge Terrence Boyle, a courtesy of a hearing, which seems the going to break 50% by the end of this nominee to the Fourth Circuit Court of minimum they should have. They Congress. Appeals. He was unanimously con- should have a vote in the Judiciary It looks as if we might get two or firmed to be a Federal district judge in Committee and then a vote here in the three more circuit judges by the end of 1984. full Senate. the year, but it surely is moving delib- Mr. President, one of the things that Mr. President, the delay in con- erately slowly. The American people struck me as very interesting about firming such well qualified nominees to recognize this is a problem for the Judge Pickering’s treatment by the be judges has had an adverse impact on country. When you have a circuit like Democrats was that he has been a sit- the judicial system itself. The number the 6th circuit that has a 50-percent va- ting federal district court judge since of vacancies has gone up over the past cancy rate, then you begin to wonder, 1990, over 12 years. And now we have a year—there are now almost 100 judge- do we have enough judges to cover all nominee who has been a Federal dis- ships vacant—while 44 nominations the cases, even the truly important trict judge for almost two decades, who languish in the Senate. As a result, jus- ones? was unanimously confirmed in 1984. tice is being delayed as the caseload This is a question of law and order, The former chairman of the State burden increases for almost every cur- Mr. President, drug cases, terrorist Democratic Party in North Carolina rent judge in the nation. cases. even supports his nomination. He is a I would take a moment to note one Justice Rehnquist, the Chief Justice, graduate of American University’s Law curious thing about today’s efforts re- has decried the vacancy crisis as May 9, 2002 CONGRESSIONAL RECORD — SENATE S4115 ‘‘alarming.’’ More than 10 percent of posts. And the Senate has a responsi- was about. He wants to see more hap- Federal judgeships are currently va- bility to give those choices every pos- pening and more of them occurring, cant. So this problem for our nation sible consideration and, barring some and we need to do so. People have been that is very serious, particularly after glaring defect, confirm them quickly. pretty clear on the information of what the terrorist attacks in New York and Yet the backstabbing and stalling on technically and specifically has hap- here in Washington. judicial confirmations has escalated to pened. I have talked to Senator DASCHLE the point of obstructing justice. It Since May 9 of last year, we have had about it. Senator NICKLES and I, along needs to stop.’’ 11 judicial nominees for the U.S. cir- with Senator HATCH, have talked to This President’s nominees are men cuit courts of appeal. Those eleven Senator LEAHY and Senator REID. I and women of distinction and great ac- were nominated 1 year ago. Since that know, having been majority leader, complishment. They are solidly within time, only 3—including 2 Democrats— that sometimes these problems are the mainstream of American legal have been confirmed. Of the remaining hard to resolve. The Judiciary Com- opinion, and they share a principled 8, not one has even been scheduled for mittee doesn’t always follow instruc- commitment to follow the law, not leg- a hearing. We have not held hearings tions even from the elected leaders. islate it from the bench. on these individuals. We need to get But this creates a problem. We have Mr. President, President Bush’ nomi- this done and start to move them for- been trying to resist slowing down or nees should be given fair hearings, ward. It is an issue that is engaging the blocking meetings or progress on the voted on, and confirmed by the Senate country, and I think increasingly so, as legislative process because we want to as soon as possible. we move into the fall. We have a num- move forward on these important bills. I suggest the absence of a quorum. ber of pieces of legislation that I think, But we have to point out that there is The PRESIDING OFFICER. The in the post 9–11 environment, will be a blatant unfairness here, to the coun- clerk will call the roll. considered and looked at by the courts try and to the nominees. I can’t help The senior assistant bill clerk pro- and need to be reviewed. We need to but think of the cliche that justice de- ceeded to call the roll. have a fully staffed court. Right now layed is justice denied. That is what is Mr. DASCHLE. Mr. President, I ask we have a 20-percent vacancy on the happening here. unanimous consent that the order for circuit court; and within some of the I know my time is running out. I the quorum call be rescinded. circuits, it is even a much larger one. probably will come back and talk more The PRESIDING OFFICER. Without In the Sixth Circuit there are 16 posi- about this later. I ask for fairness, fair- objection, it is so ordered. tions and only half of those are filled. What is even more troubling is that ness for these eight circuit judges. We Mr. DASCHLE. Mr. President, the we have had a long and established tra- can argue about the others later, the people who have been discussing and dition of giving the President—regard- other circuit nominees, other district negotiating the trade matter have less of his political affiliation—a good judges, but after an entire year Presi- asked for a little additional time. In deal of deference on his nominees who dent Bush’s first eight nominees should order to accommodate their discus- might be unfairly targeted as being ex- have a hearing. They should have a sions, I ask unanimous consent that tremists. vote on the Senate floor. No criticisms the period for morning business be ex- However, as we found out during the have been raised against them other tended until 3:45. Charles Pickering nomination and sub- than un-attributed hints that they are Mr. LOTT. Mr. President, at this sequent hearings, the real extremism is conservative, and the current majority point I would have to object. I don’t being employed by those people who in the Senate is looking for some sort know that I would want to. I just have are artfully using the terms ‘‘balance’’ of a litmus test or conformance, I not had a chance to discuss this with and ‘‘moderation’’ to set the stage for guess, based on philosophy and ide- Senator DASCHLE. ending deference to the President and ology. I don’t think that either fair or The PRESIDING OFFICER. The Sen- excluding perfectly qualified judges. appropriate. It is not what is called for ator from Georgia. Judge Pickering was an individual under the Constitution. I hope that the (The remarks of Mr. CLELAND per- nominated to go on the circuit court. Senate will ultimately find a way to taining to the introduction of S. 1492 He served on the Federal bench for over make progress in this area and give are located in today’s RECORD under 10 years. these nominees the opportunity to be ‘‘Statements on Introduced Bills and This practice does not bode well for fairly considered based upon their tem- Joint Resolutions.’’) the future of this committee when it perament, professional and educational The PRESIDING OFFICER. The Sen- may have to deal with Supreme Court qualifications, and their personal in- ator from Nevada is recognized. nominees in the near future. To high- tegrity. f light just how bad it can be, it might As President Bush has noted in mak- be helpful to see how many Supreme ing the case for getting his nominees EXTENSION OF MORNING BUSINESS Court Justices of the past would fare confirmed, Federal judges are key to under the ideological litmus test that making sure America functions well. Mr. REID. Mr. President, I ask unan- is now plainly evident and used on the Every day they uphold the rights of an imous consent that the time for morn- committee. individual, they protect the innocent, ing business expire at 3:45 today. Would some of our great Justices of they punish the guilty. Their rulings The PRESIDING OFFICER. Without the past survive the litmus test being are essential to the rule of law in our objection, it is so ordered. put forward by the committee now? nation. To discharge their responsibil- The Senator from Kansas is recog- John Marshall, the first Chief Justice ities the federal courts must have nized. of the Supreme Court and author of judges.’’ f some of the most important legal deci- Because of the number of vacancies sions for this Nation, would likely be JUDICIAL NOMINATIONS in our nation’s courts, Americans are rejected today by the Judiciary Com- being forced to wait for justice, and the Mr. BROWNBACK. Mr. President, I mittee because his view on interstate burden on federal judges is growing rise to speak about the past year’s ju- commerce in the Gibbons v. Odgen heavier. dicial nominations, which is something would be seen as too pro-federalism. Mr. President, one newspaper, the on which several people have spoken Oliver Wendell Holmes, perhaps the Wichita Eagle, got it exactly right on today. I just came from a meeting with greatest Supreme Court justice, would the judges issue back in March in part the President where he was talking have trouble because he affirmed a I think because it is located in the about his frustration in getting judi- state law providing for the sterilization heart of America when it said: ‘‘But cial nominees considered. He was quite of the mentally ill in Buck v. Bell. just as presidents have an obligation animated and discouraged that we have Felix Frankfurter, an ACLU member not to nominate the incompetent or not been getting more judicial nomi- and a ‘‘liberal’’ Roosevelt appointee, unqualified to the federal bench, presi- nees through the system—particularly would be rejected because he did not dents deserve the broad authority in circuit court judges. That is what he believe that the fourth amendment re- making their choices for such judicial was stating. That is what the meeting quired the exclusion of evidence seized S4116 CONGRESSIONAL RECORD — SENATE May 9, 2002 by State police officers without a war- vacancies on the Federal bench, and people who take a moderate point of rant in the 1961 Mapp v. Ohio case. Nor the first Bush administration—Presi- view. would his argument in West Virginia dent George W. Bush—and his efforts There are lawyers who I have met Board of Education v. Barnette that to fill vacancies on the Federal bench. that have extreme positions on the the first amendment prohibited schools I find it extremely interesting that right and the left. The Republicans on from requiring students to salute the today appears to be the national day the Senate Judiciary Committee sent American flag pass muster with the for members of the Republican Party word to the Clinton White House: Do committee today. to complain about the pace of approval not send us any left-wing judges be- Even Earl Warren, the most liberal of President Bush’s judicial nominees. cause they are going nowhere. True to chief justice ever and author of Brown What I find interesting about that their word, anyone who looked like v. Board of Education, would have a complaint is that, just on its face, it they were liberal did not have a chance tough confirmation battle under the makes no sense because we just ap- when it came to the Senate Judiciary committee’s new standard. After all, he proved four more Federal nominees Committee in the Clinton years. took the reactionary position of not who were brought to us by President Interestingly enough, it appears the supporting extension of the first Bush, bringing the total to 56. Bush White House believes they are not amendment protection to flag burning. Now, 56 Federal judges—to put it into burdened by the same restriction. They Louis Brandeis, the great liberal historic context—is more than the Re- are sending nominees for the Senate craftsman, would no doubt be rejected publicans, in any similar period of Judiciary Committee to consider who, because he supported federalism time, approved while President Clinton frankly, are out of the mainstream, against New Deal legislation and voted was in the White House during his en- much more extreme in their points of to strike down legislation in the tire tenure. In any given year, the Re- view on the right than anyone ever Schecter case as being beyond the publicans failed to approve as many nominated by President Clinton on the power of Congress. judges for President Clinton as the left. Byron White, President Kennedy’s Democrats have already approved for When they send these controversial nominee, whose recent passing was President Bush. Today, the total num- nominees to us, then we run into a po- mourned and elegantly eulogized ber came to 56. sition where it takes longer. We have around the Nation, would of course be Now, I understand where the Repub- to delve into their backgrounds, we rejected today because he committed licans are coming from on this. They have to establish their record, we have the unpardonable sin of disagreeing want them all. They want to fill every to answer the criticisms that have been with Roe v. Wade. vacancy with a proposed nominee from raised within and without the com- The question facing the President on President Bush, and they want this to mittee about whether this person this anniversary date is what he can do happen immediately. It is more than should be given a lifetime appointment to move judges to the floor for swift just rewarding their friends and giving to a critical Federal position. This morning my colleague on the confirmation. Given the extremist tac- them lifetime appointments to the Senate Judiciary Committee, Senator tics of outside interest groups and Federal bench. What is at issue here, SCHUMER of New York, held an inter- their influence over committee mem- even more importantly, is putting peo- esting subcommittee hearing. His hear- bers, the President could consider com- ple with a certain philosophy on these ing related to what he calls the ghost promising on his philosophy of nomi- Federal courts. Of course, their deci- of the nomination process from the nating judges, men and women of expe- sions as Federal judges are going to be Clinton years. I was glad Senator SCHU- rience who meet the highest standards meaningful to the Nation for genera- MER did that because on this day of na- of legal training, temperament, and tions to come—whether we are talking tional complaint by the Republicans, judgement. As history has shown, how- about rights of privacy or the environ- we brought to Washington four Clinton ment, all of these things decided by ever, it would mean overlooking the nominees who were not approved by kind of judges who have made our judi- judges. that same Senate Judiciary Committee Historically, we think, when we talk ciary a model for the world. Unlike when Republicans controlled it. We did about courts and their impact, that we some issues, the integrity of the law this so people who are following this should focus on the Supreme Court. Of and the qualifications of judges who debate could get an idea of the nomi- course, we should. It is the highest will interpret and uphold them cannot nees rejected by the Republican Senate court in the land. But just consider for be compromised. Judiciary Committee when President a moment this statistic: Last year, the I join my colleagues in urging Chair- Clinton nominated them. man LEAHY of the Judiciary Com- Supreme Court of the United States de- Frankly, as I look at the people who mittee and Majority Leader DASCHLE cided approximately 80 cases. The were brought before us, they are amaz- in scheduling hearings and floor votes courts of appeal, circuit courts, decided ing in terms of their records and their as soon as possible. I believe we have over 57,000 cases. backgrounds and what they brought to had ample time to make our points. For most people looking for justice the job. It’s now time to act. through the Federal court system, the Let me speak for a moment about the I think if we do not act, this is going court of appeals for their region is the Fifth Circuit which has become a focal to continue to fester across the coun- last stop, the final word. These courts point of discussion. Senator LOTT a few try, and that will embroil us even make binding decisions relative to minutes ago was talking about the greater this fall, with the President statutes that have been passed by Con- Fifth Circuit which, if I remember, in- leading the charge on this issue of why gress and issues that are important to cludes the States of Texas, Louisiana, the Senate isn’t acting. Why isn’t the the American people on a regular basis, and Mississippi. This circuit has the Senate moving these judges through— on a daily basis. highest minority population of any particularly circuit court judges? It So when we consider nominees by the Federal circuit in America. The popu- will be a much more engaged and ani- Bush White House for lifetime appoint- lation of African Americans, Hispanics, mated issue this fall, with the Presi- ments to these important appellate and Asian Americans is larger in that dent leading the charge. level courts, I hope you can understand circuit than any other circuit. I yield the floor. that those of us on the Democratic side Naturally, when President Clinton The PRESIDING OFFICER. The Sen- feel a responsibility to know something was in office, he tried to address this ator from Illinois is recognized. about the nominees, and, more impor- by appointing people to the circuit Mr. DURBIN. Mr. President, I rise to tantly, to make certain those nominees court who represented the diversity of speak in morning business on the topic come close to meeting several basic the circuit in which they would serve. that has been the issue du jour—the standards. One of those standards, of Two of his nominees came before us question of Federal judges. It is my course, is legal skill. We insist on that. today. great honor to serve on the Senate Ju- I hope that is something that is not de- Jorge Rangel, 54 years of age, is cur- diciary Committee. I have witnessed batable. Second is integrity, which is rently an attorney in private practice and experienced personally the Clinton certainly not debatable. Third, and in Corpus Christi, TX. He was nomi- administration and their efforts to fill most important, we are looking for nated to the U.S. Court of Appeals for May 9, 2002 CONGRESSIONAL RECORD — SENATE S4117 the Fifth Circuit by President Clinton nated by President Clinton in Sep- Bush did not do the same. Her nomina- in 1997. Mr. Rangel was never granted a tember of 1999 to serve on the Fifth tion died. hearing by the Republican-controlled Circuit Court of Appeals. He was give Consider those four people and what Judiciary Committee. Never. He grad- the highest rating by the American Bar they went through at the hands of the uated from the University of Houston Association—‘‘well qualified.’’ He re- Republican Senate Judiciary Com- and Harvard Law School. He went on to ceived significant support from com- mittee and then put that in context of a distinguished career of 20 years in munity groups. He waited 15 months the Republican complaints which we private practice with a Corpus Christi and, as had Mr. Rangel, he was never hear today, when we have already, law firm where he had a mix of Federal even given the courtesy of a hearing under Democratic control, approved 56 and State work. before the Senate Judiciary Com- nominees. I think it really makes the In 1983, he was appointed to a judge- mittee. case. ship on the Texas State district court, Excuse me. When I hear my col- Judicial nominees have a right, and then was elected to serve for 2 leagues on the other side come to this whether the Judiciary Committee is years before returning to private prac- Chamber and complain that we are not controlled by Democrats or Repub- tice. Jorge Rangel has also been very moving fast enough in approving the licans, to expect fair and impartial active in legal and community organi- Bush nominees, consider what hap- treatment. But, equally, the American zations, including time as an officer of pened to Mr. Rangel and Mr. Moreno. people have a right to expect fair and the board of governors of the bar asso- What happened to them was sad, it was impartial judges. ciation of the Fifth Circuit and the wrong, and it is unforgivable. Now let us get down to the bottom American Board of Trial Advocates. He I could go through the long list of ac- line. The President will find that this volunteered for many legal organiza- complishments of Mr. Moreno. Trust Senate Judiciary Committee, under the tions, community organizations, and me, it is a long page of extraordinary control of Democrats, will provide charitable organizations. He has writ- accomplishments, and yet, when it more approvals of his judicial nomi- ten no controversial opinions or came right down to it, Republicans on nees than Republican Judiciary Com- writings. He was affiliated with no lib- the Senate Judiciary Committee were mittees have done for Democrat Presi- eral groups and gave no one any reason determined he would never even re- dents in the past. I think that is a whatsoever to question his credentials ceive a hearing, and he did not. standard we can live up to. We have al- and fitness for the Federal bench. Let me refer to Kent Markus. Kent ready lived up to it. The American Bar Association took a Markus was before our subcommittee We are going to treat people fairly. look at Jorge Rangel and concluded he today. He is 46 years old. He was nomi- We are going to give them a chance. was ‘‘well qualified’’ to serve as a Fed- nated by President Clinton in February Does that mean President Bush will eral appellate court judge. Yet, for 2000 to serve on the U.S. Court of Ap- get every name he sends before the Ju- purely political reasons, Jorge Rangel’s peals for the Sixth Circuit. The inter- diciary Committee approved? No. That nomination was held up more than a esting thing about Mr. Markus is he is not going to happen because if the year from July 1997 until the end of had the approval of both his home President sends people who, frankly, do 1998, a total of 15 months, with no ex- State Senators, two Republicans: Sen- not meet the test of moderation, legal planation or hint of opposition to him. ator MIKE DEWINE and Senator GEORGE skill and integrity, there is going to be, Consider that for a minute. When you VOINOVICH. Despite bipartisan support, of course, an investigation, as there is listen to this man’s background, his despite being qualified by the Amer- with every nominee. There will be rating of ‘‘well qualified’’ from the ican Bar Association and his excellent hearings in many cases, and some will American Bar Association, why in the record of achievement and service, he not survive that. world would he be held up? It turns out was never, ever given the courtesy of a The message to the President is very that the two Senators from his home hearing before the Republican-con- clear: As long as he will send us people State opposed him, and because they trolled Senate Judiciary Committee. who are moderate and not too extreme, were of opposite political faith with Finally, at the end of the 106th Con- he will be very successful. He already the President of the United States, gress, his nomination was returned to has 56 judicial nominees approved. they made certain he did not get a the White House. I think the single best thing this chance for even a hearing before the Again, I will make it a matter of my White House could take from this all- committee. official record in my statement, but day debate about judicial nominees is When you watch that happening, and trust me, his biography, his resume, this: If the President decided and said, when you listen to his testimony, you are impeccable. We are going to take these four nomi- have to wonder: Where is the fairness? A final nominee I will mention today nees—Bonnie Campbell, Jorge Rangel, When you listen to the complaints who testified before us is Bonnie Camp- Enrique Moreno, and Kent Markus—all today, even though the Senate Judici- bell. She was nominated by President nominees under the Clinton White ary Committee under Democrat con- Clinton in 2000 to serve on the U.S. House, and we are going to send them trol has approved 56 nominees, many of Court of Appeals for the Eighth Cir- to Capitol Hill in a show of bipartisan whom are Hispanic and racial minori- cuit. She was supported by both of her good faith, I think we could start to ties, and rejected only 1, when you look Senators, Democrat TOM HARKIN of make progress. I think we could start at this you wonder: Why would we Iowa and Republican CHUCK GRASSLEY having some balance in terms of the apply a different standard when it of Iowa. She was given a qualified rat- people who will be appointed to these comes to Clinton nominees than we do ing by the American Bar Association. critical positions. But if this is going to Bush nominees? That really has cre- She was given a hearing before the Ju- to be confrontation after confronta- ated the problem we face. diciary Committee a few months after tion, then I am sorry to say it is going The simple fact is this: The nominees she was nominated and given a chance to continue almost indefinitely. I hope President Clinton sent to the Senate at her hearing to answer any questions it does not. Judiciary Committee were held to a about her work. There were no objec- Let me give a list of those who never higher professional, political, and per- tions voiced at all during her hearing received a hearing before Congress dur- sonal standard than the nominees before the Senate Judiciary Com- ing the Clinton years, judicial nomi- being sent by the Bush White House, mittee. No opposition surfaced in any nees sent to Capitol Hill by President and many of them, even when they met quarter. Clinton while there were Republicans those standards, were never given the However, despite a noncontroversial, in charge of the Senate Judiciary Com- courtesy of a hearing. really unremarkable hearing, Ms. mittee: Wenona Whitfield of Illinois, In that same Fifth Circuit was Campbell was never scheduled for a Leland Shurin of Missouri, Bruce Greer Enrique Moreno, 47 years old, an attor- committee vote. No explanation was of Florida—none of these received a ney in private practice in El Paso, a ever given to her. Her nomination lan- hearing before the Republican-con- native of Mexico. Mr. Moreno grad- guished until the end of the 106th Con- trolled Senate Judiciary Committee. uated from Harvard University and gress, and despite President Clinton’s Sue Ellen Myerscough of Illinois; Harvard Law School. He was nomi- attempt to renominate her, President Cheryl Wattley of Texas; Michael S4118 CONGRESSIONAL RECORD — SENATE May 9, 2002 Schattman of Texas; James Beaty and I submit to them the four names of sions which have an impact on families Rich Leonard of the Fourth Circuit, the nominees from the Clinton White with children with disabilities. That is North Carolina; Annabelle Rodriguez of House which we considered today, peo- just part of their responsibility, but it Texas—none of those received a hear- ple who came before the Judiciary tells us about the gravity and serious- ing. Their names were sent to Capitol Committee today. Earlier, the minor- ness of this decisionmaking process. Hill, to the Republican-controlled Sen- ity leader spoke of a nominee for the Rose Townsend and Bonnie Sanders ate Judiciary Committee; no hearings. D.C. Circuit Court of Appeals who is are residents of South Camden, NJ. Then in the next Congress, there Hispanic, and I certainly think we need They live in a small neighborhood were 10: Helene White of Michigan; more Hispanic Americans on the bench. called Waterfront South. It contains 20 Jorge Rangel I mentioned earlier, of President Bush should have a chance. percent of the city’s contaminated Texas; Jeffrey Coleman of Illinois; Jorge Rangel is prepared to serve on waste sites. The residents of this neigh- James Klein of the District of Colum- the Fifth Circuit. Enrique Moreno is borhood suffer from a disproportion- bia; Robert Freedberg of Pennsylvania; also prepared to serve on the Fifth Cir- ately high rate of asthma and other Cheryl Wattley of Texas; Lynette Nor- cuit. These are Hispanic Americans respiratory ailments. Last year, these ton of Pennsylvania; Robert Raymar who should be renominated and given a two people joined with other residents for the Third Circuit; Legrome Davis, chance to serve. to block the placement of a cement Pennsylvania; Lynne Lasry of Cali- At the current time, we have looked processing facility in their neighbor- fornia; Barry Goode of the Ninth Cir- at Hispanic nominees and President hood. In December, the Third Circuit cuit, California—all of those names, ju- Bush has sent us five nominees of His- Court of Appeals ruled they could not dicial nominees, sent to Capitol Hill by panic origin. Of those, three have al- compel the State to comply with Fed- President Clinton never even received ready been confirmed by the Senate eral environmental regulations that the courtesy of a hearing before the under Democratic control. Two are implement the 1964 Civil Rights Act. Republican-controlled Senate Judici- pending: Miguel Estrada in D.C. and Whether it is a matter of public ary Committee. Jose Martinez in Florida. health, or environmental safety, these In the 106th Congress, 33 names sent Under President Clinton, Hispanic judges make critical decisions. These by the President who were not given nominees who were not confirmed by are just some of the people who were the courtesy of a hearing: Alston John- the Republican-controlled Senate Judi- impacted by judges put on the Federal son of Louisiana; James Duffy of Ha- ciary Committee include: Jorge Rangel courts. These are important decisions. waii; Elana Kagan of the D.C. Circuit; of the Fifth Circuit; Enrique Moreno of They should be handed out fairly and James Wynn of North Carolina; Kath- the Fifth Circuit; Christine Arguello of evenly, with some balance. The Judici- leen McCree-Lewis of Michigan; the Tenth Circuit; Ricardo Morado of ary Committee has met that standard. Enrique Moreno of Texas; James Lyons Texas; Anabelle Rodriguez, Puerto I yield the floor. of Colorado; Kent Markus of Ohio; Rob- Rico. The PRESIDING OFFICER (Ms. ert Cindrich of Pennsylvania; Stephen I think that takes us to the point STABENOW). The Senator from Ken- Orlofsky of New Jersey; Robert Greg- where we have to ask ourselves if our tucky. ory of Virginia; Christine Arguello of friends on the Republican side really do Mr. MCCONNELL. Madam President, Colorado; Elizabeth Gibson, North want to see balance and want to see I listened with interest to comments of Carolina; Rich Leonard of North Caro- fair treatment, whether they will give the Senator from Illinois, looking at lina; Patricia Coan of Colorado; Dolly that same fair treatment to people who the whole 8 years of the Clinton admin- Gee, California; Steve Bell, Ohio; were summarily rejected when the Re- istration. It is important to reiterate Rhonda Fields, District of Columbia; publicans controlled the Senate Judici- the only clear way to look at the 8 David Fineman, Pennsylvania; Linda ary Committee. I think we have a years of the Clinton administration is Riegle, Nevada; Ricardo Morado, chance to be very careful in our selec- to compare them to the 8 years of the Texas; Gary Sebelius, Kansas; Ken tion, but also to meet our national Reagan administration. President Simon, Hawaii; David Cercone, Penn- needs and obligations. Reagan got more judges confirmed sylvania; Harry Litman, Oklahoma; Today, incidentally, during the than any other President, 382. He had a Valerie Couch, Oklahoma; Marion course of a press conference on this distinct advantage because 6 of the 8 Johnston, California; Steve Achelphol subject, we brought in a number of peo- years he was President his party con- of Nebraska; Richard Anderson of Mon- ple who have had bad experiences in trolled the Senate. President Clinton tana; Stephen Liberman of Pennsyl- court to dramatize what is at stake. came in a close second, 377 judges con- vania; and Melvin Hall of Oklahoma. This debate is not a matter of reward- firmed, 5 fewer, but he was in a dis- These 52 names of judicial nominees I ing an attorney, who has skills, with a advantage because his party only con- have read were sent to the Republican- new title and an opportunity to serve trolled the Senate for 2 of his 8 years. controlled Senate Judiciary Com- on the bench. It is also to create an op- It is hard to make the case that Presi- mittee under President Clinton and portunity for public service where peo- dent Clinton was treated unfairly by they were never even given the oppor- ple can make decisions that really the Republican Congress. tunity for a public hearing, never given have an impact on families’ lives What we want to talk about today is a chance for a vote. I knew some of across America. the first 2 years of any President’s them personally, and I can say it is a Today, Denise Mercado came to see term—how were they treated at the be- great hardship on a professional like an us. She is the mother of three from ginning of their 8 years. Particularly, attorney, where their name is pending Fayetteville, NC. She is the legal we focus on the circuit judge nomina- before a committee and there is uncer- guardian of her son, Danny, who has tions. tainty about their future. cerebral palsy and severe mental retar- During the first 2 years of President Some of these went on for literally dation. Due to his disabilities, Danny Clinton’s term, when his party con- years. Some of them were never given is eligible for Medicaid funding. Jane trolled the Senate, he got 86 percent of a hearing, and during that period of un- Perkins is an attorney at the National his nominees confirmed for the circuit certainty their family suffered, their Health Law Program in Chapel Hill, courts. During the first President law practice suffered, their efforts to NC. Jane has represented Denise and Bush’s first 2 years, when his party did be part of public service were never re- many other clients in efforts to compel not control the Senate, he got 95 per- alized. I think that is unfortunate. States to fulfill their legal obligations cent of his circuit court nominees con- That is why we are back to the point under Medicaid, to cover children like firmed in his first 2 years. President I made earlier. President Bush and Danny. Currently, four Federal courts Reagan, in his first 2 years, got 95 per- those working for him and with him in of appeals are considering whether cent, as well, 19 out of 20. the White House want to break States have sovereign immunity from Let’s focus on the first 2 years, the through this situation and want to see such lawsuits, as at least one district beginning of what I certainly hope will more cooperation and want to find court has ruled. be an 8-year period of the Presidency of more balance, as we do, in terms of the So the men and women appointed to George W. Bush. George W. Bush has judiciary. these court positions will make deci- gotten a mere 30 percent of his circuit May 9, 2002 CONGRESSIONAL RECORD — SENATE S4119 court nominees confirmed, compared That is exactly what happened to split rating. The minority gave him to 86 percent for President Clinton, 95 Miguel Estrada. He came from Hon- ‘‘well qualified’’; the majority gave percent for the first President Bush, duras, emigrated to the United States him ‘‘qualified’’—a very good rating. and 95 percent for President Reagan. as a teenager, speaking virtually no Mr. Sutton graduated first in his I call attention, since this is the 1- English. Yet he graduated phi beta class from Ohio State University Col- year anniversary of the first 11 nomi- kappa from Columbia in New York and lege of Law. He has argued nine cases nations of President George W. Bush to was editor of the Harvard Law Review. before the U.S. Supreme Court, both as the circuit courts. Only three have Miguel Estrada came to this country, a private attorney and as solicitor for been confirmed, eight languish 1 year not speaking a word of English, an the State of Ohio. He has taught con- later without so much as a hearing to honor student at Columbia, elected to stitutional law at Ohio State for the get a chance to explain their creden- the Law Review at Harvard, unani- last 8 years. tials to the Senate Judiciary Com- mously ‘‘well qualified’’ by the Amer- Has anyone seen Jeffrey Sutton? mittee and to the larger Senate as ican Bar Association, an inspiration to Does anybody know what he looks well. Eleven distinguished and diverse immigrants all across America and like? He hasn’t had an opportunity to men and women were nominated by particularly to Hispanic immigrants. be seen in public. Maybe he, too, should President George W. Bush a year ago He has argued 15 civil and criminal be put on a milk carton so somebody today. Only three have been confirmed. cases before the U.S. Supreme Court. could recognize this guy and maybe re- Of the remaining eight, none, not a sin- But Americans do not know what he port to the Senate Judiciary Com- gle one, has even been afforded the looks like. He has never had a hearing. mittee that they have seen him. He courtesy of a hearing, not to mention a He has never been able to show up in really does exist. Maybe he ought to vote—a hearing by the Judiciary Com- public and make his case that maybe get an opportunity to be heard. mittee. this immigrant success story, an exam- Jeffrey is a nominee for the Sixth Everyone in America is entitled to Circuit, and I want to dwell on that for have their day in court. Even a judge is ple to look up to by everyone in Amer- just a moment. Kentucky happens to entitled to have their day in court. Our ica, but particularly our immigrant be one of the States in the Sixth Cir- colleagues on the other side contin- population who came here and had to cuit: Michigan, Ohio, Kentucky, and ually assure this side they are pushing deal not only with learning the lan- Tennessee. It is 50 percent vacant. That fast to consider the President’s judicial guage but learning a new culture, this is not because the President has not nominees, but my Republican col- hero of the immigrant community has sent up nominations. There are seven leagues and I have seen neither hide been languishing in the Judiciary Com- nominations up here. But not a single nor hair of these nominations in the mittee for 365 days. There is no indica- nominee from the Sixth Circuit has Judiciary Committee. Frankly, some tion in sight that he will be given a been confirmed. We have a judicial in the committee are worried about hearing. what might have happened to them. To anyone who may be looking, if emergency. The Sixth Circuit is dys- Where could they possibly be? A few you have seen this man, you might functional, not because the President people may recognize these individuals want to report it to the Judiciary Com- has not made nominations. I mentioned Miguel Estrada’s success by sight. After all, none of them have mittee so he can get a hearing. story. Here is a nominee from Michigan even had a hearing. All most people Another nominee from a year ago, ar- who, if confirmed, would become the know is a name attached to the nomi- guably pending for a decade, John Rob- nation. No one knows what they look erts has been waiting over 10 years for first Arab American on a circuit court like; their whereabouts are a mystery. a hearing. He was nominated by the in American history, a nominee from It is my hope citizens around the world first President Bush over a decade ago the State of Michigan who, if con- would notify the Judiciary Committee to the D.C. Circuit Court and back then firmed, would become the first Arab if they spot these missing nominees was pending for over a year without American on a circuit court in the Na- somewhere out in America so maybe a ever receiving a hearing. The current tion’s history. He has not yet had a hearing can be quickly scheduled on President Bush renominated Mr. Rob- hearing. their behalf. erts 365 days ago, a year ago today, to Jeffrey Sutton has been sitting there We have become accustomed to see- the same court, the D.C. Circuit Court. for 365 days, also for the Sixth Circuit. ing missing children’s pictures on milk Again, he has not had a hearing. This He is from the State of Ohio. If any- cartons around America. We thought it outstanding lawyer, again, unani- body sees Jeffrey Sutton, I want you might be appropriate to put the names mously rated ‘‘well qualified’’ by the know what he looks like. This is what of some of the nominees on milk car- ABA—and it is very tough to get a rat- he looks like. Send his picture in to the tons, so if any of our people across the ing such as that—has actually been Judiciary Committee. Maybe he could country have seen any of them, maybe waiting for 2 years, 2 years just to get at least get a hearing and an oppor- they could report them to the Judici- a hearing, an opportunity to tell his tunity to state his qualifications for ary Committee and the missing people story. So we thought maybe he ought the court. could actually be given an opportunity to be on the milk carton, too. Deborah Cook: She has been a justice to be heard. This unanimously well-qualified on the Ohio Supreme Court for the last A good first person to put on the nominee has a long and distinguished 8 years—again, a Sixth Circuit nomi- milk carton is Miguel Estrada, nomi- career in public service, including serv- nee. This is the circuit that is 50 per- nated 365 days ago, this very day last ing as principal deputy to the Solicitor cent vacant—not because the President year, to the D.C. Circuit Court. The General from 1989 to 1993, and associate has not sent up nominations but be- ABA gave Miguel Estrada a unanimous counsel to President Reagan from 1982 cause they have not been acted upon. well qualified. That is very hard to do. to 1986. The previous nominees had 15 Deborah Cook has been sitting there It is very tough to even get a partial arguments before the U.S. Supreme for 365 days. She was nominated a year well-qualified rating from the ABA but Court; this nominee has argued 36 cases ago today in the first batch sent up by to get a unanimous rating of well before the U.S. Supreme Court and 20 President Bush. qualified is truly extraordinary. cases in the U.S. appeals court across Prior to her service on the Ohio Su- Miguel Estrada’s life and his career is the country. preme Court, she was an appellate a great American success story. I am Has anyone seen John Roberts? Does court judge for 4 years. She has been married to one of those immigrants anyone even know what he looks like? unanimously rated ‘‘qualified’’ by the who came to this country and didn’t Has he been dropped into a black hole? American Bar Association. Has any- speak a word of English at 8, so I am Another great nominee of a year ago body seen Justice Cook? I wanted to very familiar with these wonderful sto- missing in action, not even given a make sure we could get a sense of what ries of coming to America, particularly hearing. she looked like. This is a picture of those who have been thrown into our Also nominated a year ago today was Deborah Cook. If anyone wants to call public schools at an early age, not Jeffrey Sutton. The ABA gave him—a her qualifications to the attention of speaking English and coming to grips majority—‘‘qualified,’’ and the rest the Judiciary Committee, they might with that. gave him ‘‘well qualified.’’ So it was a take this opportunity to do that. S4120 CONGRESSIONAL RECORD — SENATE May 9, 2002 Terence Boyle is another nominee years. Now she is being nominated for the Senate, and no matter who has who arguably has been waiting 10 years the Fifth Circuit. The ABA has unani- been in the White House in the first 2 for a hearing. He was nominated a dec- mously rated her well qualified. years, these games have not been ade ago by the first President Bush and This is a situation where we have a played in the past. This is unprece- waited for over a year without receiv- judicial emergency. A judicial emer- dented. You can throw the statistics ing a hearing at that time. He was gency has been declared here. Yet we around as much as you want, but we nominated again 365 days ago, a year have a nominee who has been lan- are talking about the first 2 years of a ago today, to the Fourth Circuit. The guishing for a year with not even so President’s administration. It has ABA unanimously rated him well much as a hearing. never been done before. qualified, just like Miguel Estrada— So, this is what Justice Priscilla The good news is it is not too late. unanimously ‘‘well qualified.’’ That is Owen looks like. She is an attractive, This is May 9. There is a month left. It as good as it gets. That means the com- nice looking woman, smart lawyer. is never too late for salvation. If anybody sees her here in the hall, mittee of the ABA unanimously found It is my hope that these outstanding they might direct her down to the Sen- this nomination to be of the highest nominees missing in action and who ate Judiciary Committee. Maybe she order. have seemingly dropped down a black could ask somebody for a hearing. This nominee currently serves as the hole will get an opportunity to be Dennis Shedd was nominated 365 days chief judge of the U.S. District Court heard as a matter of fundamental fair- ago—1 year ago today—to the Fourth for the Eastern District of North Caro- ness. lina and has been on that court since Circuit Court of Appeals. He served as I had an opportunity, along with oth- 1984 when his nomination to that court a sitting Federal judge for the U.S. Dis- ers, to meet with the President earlier was unanimously confirmed by the trict Court for South Carolina since today on this issue. I heard some sug- Senate. 1990. The ABA rated him ‘‘well quali- Has anyone seen Judge Boyle? We fied.’’ He taught at the University of gestions made on the other side of the know he exists. We have seen his name South Carolina from 1989 to 1992 and aisle that this is really all about in ef- on paper. This is what he looks like. If has been chief counsel to the Senate fect telling the President who to send anybody sees Judge Boyle, they might Judiciary Committee right here in the up. In other words, Mr. President, send call the Judiciary Committee and say Senate. up a certain kind of nominee or you maybe this unanimously well qualified I am sure there are people over in the won’t get action. I can’t speak for the nominee ought at least to get an oppor- Senate Judiciary Committee who know President, but I have the clear impres- tunity to be heard, a chance to be ques- what Dennis Shedd looks like because sion that this President believes, as all tioned by the members of the com- he used to run that committee staff. other President’s believe, that the mittee, so we can make a determina- Maybe we don’t need to send them a business of selecting nominees to the tion as to whether or not he deserves a picture of Dennis Shedd. Maybe some circuit court level and to the Supreme chance to be voted upon. of them actually remember him. You Court level are Presidential preroga- Michael McConnell—I wish this fel- would think Dennis Shedd, as a matter tives. I don’t think this President is low were related to me, but he is not. of common courtesy, having formally going to operate any differently on In fact, I found out after he was nomi- been staff director over at the Judici- that issue than President Clinton or nated that he is from my hometown. I ary Committee, could at least get a President Carter or President Roo- went to high school in Louisville, KY. hearing so he could state his qualifica- sevelt. We all know that Senators have I never knew him. I am not related to tions and have a chance to make his an opportunity to make suggestions on him or his parents, but I wish I were. case. district court nominees. That has not What an outstanding nominee. The message for today is that it has changed. But circuit court nominees He was nominated for the Tenth Cir- been a year since the President sent up and Supreme Court nominees have his- cuit 365 days ago, a year ago today. his first 11 nominations for the circuit torically and will be forever the pre- Again, the ABA found him, unani- courts. Eight of them have dropped rogative of the President. mously, ‘‘well qualified.’’ Like Miguel into a black hole and have literally dis- The thought that any of us are going Estrada, like several of the other nomi- appeared. to be able to dictate to this President nees I have mentioned, that is as good That is why we thought it might be a or any other President who those as it gets—unanimously well qualified. good idea to have a picture of some of nominees might be is absurd. It is not Mr. McConnell is a distinguished law them in case it might help in recog- going to happen tomorrow. It is not professor at the University of Utah nizing them and giving them an oppor- going to happen a month from now. It College of Law and has served as an As- tunity for fundamental fairness. We are is not going to happen ever. No Presi- sistant Solicitor at the U.S. Depart- in the first 2 years of George W. Bush’s dent—Republican or Democrat—is ment of Justice. He is widely regarded Presidency—not the last 2 years, not going to allow the Senate, no matter as an authority on constitutional law, the last year, not the last 6 months. I which party controls the Senate, to in particularly issues involving the first think we can all concede that toward effect tell him or her who they are amendment and religious clauses. the end of a President’s term, nomina- going to pick for the circuit courts. Mr. McConnell has received the sup- tions frequently don’t move. But there It is time for a fair hearing. And it is port of over 300 college law professors, is no precedent—none—for this kind of time to vote. If the members of the Ju- including the noted liberal professors slow walking and stonewalling in the diciary Committee want to vote down Cass Sunstein and Sanford Levinson. beginning of a President’s term. Presi- these nominees, that is certainly their Support for Mr. McConnell is across dent Clinton got 86 percent of his cir- prerogative. They have done that al- the ideological spectrum from the peo- cuit court nominees in the first 2 ready once this year. But it is time to ple who know him best, law professors years. His party controlled the Senate. quit hiding out. It is time to stand up around America. I am, frankly, surprised that it wasn’t and be counted. It is time to allow Has anybody seen Michael McCon- 100 percent because his party con- these missing people to be seen and nell? I want you to be able to recognize trolled the Senate in the first 4 years heard, and to vote. him. This is his picture. This nominee, of his term. But he got 86 percent. I suggest the absence of a quorum. unanimously ‘‘well qualified’’ by the The first President Bush got 95 per- The PRESIDING OFFICER. The ABA, surely could at least be given a cent of his nominees in his first 2 years clerk will call the roll. hearing before the committee to have and his party did not control the Sen- an opportunity to state his qualifica- ate. The legislative clerk proceeded to tions and be asked questions. President Reagan got 95 percent of call the roll. Justice Priscilla Owen is on the his circuit court nominees in his first 2 Mr. REID. Madam President, I ask Texas Supreme Court. She was nomi- years and his party did control the unanimous consent the order for the nated 365 days ago, a year ago today. Senate. quorum call be rescinded. She has served with distinction on the As you can see the pattern here, no The PRESIDING OFFICER. Without Texas Supreme Court for the past 8 matter who has been in the majority of objection, it is so ordered. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4121 ORDER OF PROCEDURE nominated confirmed in his first 2 Priscilla Owen was nominated to the Mr. REID. Madam President, I have years. And President Clinton had more Fifth Circuit Court. She has served on spoken to my counterpart, Senator judges confirmed than either of the two the Texas Supreme Court since 1994. She was unanimously rated ‘‘well NICKLES. He wishes to speak for 15 min- by a considerable amount; he had 129 utes. That would go past the time set judges confirmed in his first 2 years, qualified’’ by the ABA. She is a Baylor aside for morning business. I ask unan- which is 90 percent. Law School graduate, with honors, and imous consent that the Senator from For the current President Bush, we a member of the Baylor Law Review. Oklahoma be recognized for whatever have now done 56 percent. We are mov- She had the highest score on her Texas time is left, plus enough time to make ing along, at least now, at 60-some odd bar exam, and 17 years of prior experi- it 15 minutes. percent for district court judges. But ence as a commercial litigator. Just another example. Why is she not The PRESIDING OFFICER. Without the big discrepancy is, we are way be- entitled to have a hearing? I think objection, it is so ordered. hind in circuit court appellate judges— when these individuals have hearings, The Senator from Oklahoma. way behind—and these individuals are not being treated fairly. They are emi- it is going to be obvious they are well- f nently qualified. And to think that qualified. There will be no reason what- NOMINATIONS eight were nominated a year ago. soever to attack them or to vote no. So Somebody said: Why are you making people do not want to have a hearing Mr. NICKLES. Madam President, I such a fuss now? Because enough is because they know if they have a hear- rise today to join my colleagues in ex- enough. Eight of these outstanding, ing, they are going to be confirmed. pressing real disappointment in the qualified individuals were nominated a Terrence Boyle was nominated to the fact that we have eight nominees to year ago today, and they have not had Fourth Circuit. He is presently the the U.S. circuit courts of appeals, who a hearing. Why? Are they not quali- chief judge in the U.S. District Court were nominated a year ago, who have fied? Well, let me just look at some of in the Eastern District for North Caro- yet to have a hearing before the Senate their qualifications. lina, and has been since 1997. He was Judiciary Committee. John Roberts was nominated to the unanimously rated ‘‘well qualified’’ by Nineteen of 30 circuit court nominees DC Circuit Court of Appeals. He has ar- the ABA. He is a graduate from Amer- have yet to have a hearing—19 out of gued 37 cases before the U.S. Supreme ican University, Washington College of 30. I have stated to my colleagues—and Court. Evidently, the private sector Law. He also served as minority coun- I state this on the floor of the Senate, thinks he is eminently qualified. He sel for the House Subcommittee on just as sincerely as possible—we should was unanimously rated ‘‘well quali- Housing, Banking, and Currency from treat all judicial nominees fairly. fied’’ by the ABA. He is a Harvard Law 1970 to 1973, and legislative assistant to Some people say: Well, we are having School graduate, magnum cum laude. Senator HELMS. a little retribution because you didn’t He was managing editor of the Harvard We usually treat former Senate staff- treat people well in President Clinton’s Law Review. He was a law clerk to Su- ers with a little courtesy. We usually last year. preme Court Justice Rehnquist. And he give them a hearing. This is a person The tradition of the Senate has al- also was the Principal Deputy Solicitor who has had a little experience in the ways been to give a President his or General for the United States from 1989 Senate working on the Judiciary Com- her nominees pretty good access to the to 1993. mittee, in addition to serving as a dis- Senate for confirmation purposes in You will be hard-pressed to find any- trict court judge from 1984 to 1997. We the first 2 or 3 years of their Presi- body more qualified than John Roberts can’t even give him a hearing? I don’t dency. The tradition of the Senate, anywhere in the country to sit on any think that is right. Michael McConnell is nominated to also, is to kind of slow it down in a bench. Yet, he cannot get a hearing, the Tenth Circuit Court of Appeals. He President’s last year. and he was nominated a year ago. I am is presently a Presidential professor of Certainly, if you look at what hap- embarrassed we have not been able to law at the University of Utah. He was pened in the last three Presidencies, schedule a hearing for John Roberts. that is what has happened. Unfortu- I hope, in the course of this dialog, unanimously rated ‘‘well qualified’’ by the ABA. He is a renowned constitu- nately, the current President Bush has Senator LEAHY or Senator DASCHLE tional law expert. He has argued 11 not had fair treatment for his judicial will join me. I would like to ask the cases before the U.S. Supreme Court. nominees, especially circuit court question, why can’t we get a hearing He graduated at the top of his class nominees, in his first 2 years. That is for him? just a fact. Miguel Estrada is also nominated to from the Chicago Law School. He was a law clerk for Justice Brennan, and also The chart I have shows that we have the DC Circuit, a partner of the DC served as a prior Assistant Solicitor only confirmed 9 out of 30. That is 30 firm of Gibson, Dunn & Crutcher. He General. Michael McConnell was nomi- percent. There is another nominee who has argued 15 cases before the U.S. Su- nated a year ago and has yet to even is pending on the calendar. Hopefully, preme Court. He was unanimously that will be cleared fairly quickly. have a hearing. rated ‘‘well qualified’’ by the ABA. He Deborah Cook is nominated to the That would be 10 out of 30. That is one immigrated to the United States as a Sixth Circuit Court of Appeals. She is out of three nominated judges con- teenager from Honduras and, at the presently serving as a justice on the firmed. time, hardly even spoke English. Yet, Supreme Court of Ohio, and has since If you look at President Clinton’s he graduated from Harvard Law School 1994. She was unanimously rated ‘‘well first 2 years, he got 19 out of 22. If you magnum cum laude. He was an editor qualified’’ by the ABA. She is an Akron look at President Bush I, he got 22 out of their Harvard Law Review. He was a School of Law graduate, and practiced of 23. President Reagan got 19 out of 20. law clerk to Justice Kennedy. And he with Akron’s oldest law firm. She sat So President Reagan and President is a former Assistant Solicitor General on the Ohio District Court of Appeals Bush I got 95 percent of their circuit and Assistant U.S. Attorney. He has from 1991 to 1995. She also chaired the court nominees confirmed in their first been a prosecutor. He worked as a law Commission on Public Legal Edu- 2 years. President Clinton got 19 out of clerk for a Supreme Court Justice. He cation, and has also been a member of 22. That is 86 percent. argued 15 cases before the Supreme the Ohio Commission on Dispute Reso- We should always be confirming Court. He is eminently qualified. He is lution. She is more than qualified. those kinds of percentages unless they Hispanic. And we can’t get a hearing? Jeffrey Sutton is also nominated to nominate people who are totally un- The District of Columbia Circuit the Sixth Circuit Court. qualified and are undeserving of the po- Court of Appeals has four vacancies. A On the Sixth Circuit, there are 8 va- sition. But we are not doing that. year ago, they were saying they really cancies out of the 16. One-half of the Also, if you look at the total num- needed at least three judges. And we circuit court of appeals is vacant, des- bers, President Reagan got 98 percent can’t get a hearing for two of the most perately needing some assistance. of all the judges that he nominated qualified people anywhere in the coun- Mr. Sutton a partner in the law firm confirmed in his first 2 years. President try for these two positions. This is un- of Jones, Day. He is rated well quali- Bush I got 93 percent of the judges he believable. fied by the ABA minority and qualified S4122 CONGRESSIONAL RECORD — SENATE May 9, 2002 by the ABA majority. He graduated get fair consideration. My hope and de- JUDICIAL PROCEDURES first in his class from Ohio University sire is to give them fair consideration Mr. SPECTER. Madam President, I College of Law. He is a former law without exhibiting a pattern of ‘‘we thank the Senator from Nevada for clerk to Supreme Court Justices Pow- will hold this up and hold this up; you working this out for morning business. ell and Scalia. He has argued 9 cases will not be able to mark this up; not be I have sought recognition to comment and over 50 merits and amicus briefs able to get a quorum; you will not be about two matters. before the U.S. Supreme Court, and he able to do business.’’ I hope we don’t First, I compliment my colleague is a prior State solicitor in the State of have to resort to that. from Oklahoma for the comments he Ohio. Senator REID is one of my very dear has made about the need to move Dennis Shedd, nominated to the friends, Senator DASCHLE, Senator ahead with nominees. It would be my Fourth Circuit Court, is a U.S. district LEAHY. I urge them, give these people a hope that from the current disagree- court judge in South Carolina and has chance. Give these eight people who ment we might work out a permanent been since 1991. He is rated well quali- were nominated to the appellate level a protocol to solve the problem which ex- fied by the ABA and had 20 years of pri- year ago, give them a hearing, and let’s ists when the White House is controlled vate practice and public service prior vote. There is no question they are by one party and the Senate by another to becoming a district judge. His law eminently qualified. We should be vot- party. The delays in taking up judges degree is from the University of South ing. That is our constitutional respon- has been excessive. Carolina, and he has a master of law sibility. Let’s do it. I will commit we This is the 1-year anniversary where degree from Georgetown. He is a will do it in the future as well. some nine circuit judges, well quali- former chief counsel and staff director I hope people will hear these com- fied, have not even had hearings. But of the Senate Judiciary Committee and ments made by myself and others and in all candor, a similar problem existed counsel to the President pro tempore listen to us. Let’s work together and when President Clinton, a Democrat, from 1978 to 1988. He is supported by treat judicial nominees fairly so we was in the White House and we Repub- both of South Carolina’s Senators. don’t have to resort to various types of licans controlled the Senate. Again, he is a former staffer. threats and intimidation and lack of I have advocated a protocol. Within a The Senator from Nevada knows, as I cooperation to make our point to get certain number of days after a nomina- mentioned this before—we used to have these individuals consideration on the tion, the hearing would be held; within a tradition that we would give former floor of the Senate. a certain number of additional days, staffers an expeditious hearing. But I yield the floor. there would be action by the Judiciary Dennis Shedd was nominated a year Mr. REID. Madam President, I sug- Committee on a vote; and within an- ago. gest the absence of a quorum. other specified time, there would be These are eight of the most qualified The PRESIDING OFFICER. The floor action, all of which could be ex- individuals you will find anywhere in clerk will call the roll. panded for cause. And an additional the country for any such position. The The legislative clerk proceeded to provision, not indispensable, is that if fact that they have not had a hearing call the roll. there were a strict party-line vote in when they were nominated a year ago Mr. REID. Madam President, I ask committee, the matter would auto- brings real disrespect and disrepute on unanimous consent that the order for matically go to the floor. this body. Shame on us. Shame on the the quorum call be rescinded. I thank the Chair. Senate. We have only confirmed one- The PRESIDING OFFICER. Without I yield back the remainder of that third of the district court of appeals objection, it is so ordered. time, and I yield the floor. judges nominated by President Bush. f The PRESIDING OFFICER. Under Eight people have to wait a year for a ORDER OF PROCEDURE the previous order, the Senator from hearing? We are making these nomi- Arizona is recognized. Mr. REID. Madam President, I was nees wait around while their friends f and associates are asking: When will waiting to hear from the two leaders. you be confirmed? I understand you Senator LOTT and Senator DASCHLE UNANIMOUS CONSENT REQUEST— were nominated. You were nominated a have spoken on a number of occasions. H.R. 3529 and S. 2485 year ago. You haven’t even had a hear- Senator DASCHLE is extremely anxious Mr. MCCAIN. Mr. President, I intend ing. to get on with some substantive legis- to propose a unanimous consent re- How disrespectful of the judicial lation in the Senate. The trade bill is quest that we take up the Andean process can we be? I am ashamed of pending. We virtually have been wait- Trade Promotion and Drug Eradication this record. I will state for the record ing all day for some Senators to come Act. now that I believe at various points we up with a proposal. It is vital that we address this issue. may well be back in the majority. I I have been told by the Republican ATPA expired on December 4 because have been in the Senate—majority, mi- leader that that answer will come at Congress had not taken action on the nority, majority, minority. I think we 4:15 today. I hope that is the case. I legislation. The House of Representa- will be back in the majority. I am com- would therefore ask unanimous con- tives passed an extension on November mitted to making sure that all judicial sent that the Senator from Pennsyl- 16, and the Senate has failed to do its nominees are treated fairly regardless vania, Mr. SPECTER, be recognized to work on this issue. of who is in the White House and re- speak as in morning business for up to These countries need our help. It is gardless of who runs the Senate. I 10 minutes, and then the Senator from in the United States’ national interest think we owe it to the nominees. I Arizona, Mr. MCCAIN, although I think not to see these countries degenerate think we owe it to the process. We owe Senator MCCAIN may have been here into economic, political and, in the it to the division of power between the first. case of Colombia, armed chaos. We executive branch, the judicial branch, Mr. MCCAIN. I don’t wish to speak as need to act on this issue. Why it has and the legislative branch. in morning business. been tied to TPA and TAA is some- The legislative branch is wrecking Mr. REID. It is my understanding the thing I do not understand. this balance of power by not staffing Senator from Arizona wishes to be rec- Perhaps the Trade Promotion Act and not allowing judicial nominations ognized for purposes of a unanimous and the Trade Adjustment Assistant to be heard, to be voted on, to be con- consent request. I ask that he be recog- Act are important. I think they are of firmed. We have checks and balances. I nized for up to 5 minutes to make the highest priority, but the Andean believe the forefathers would be rolling whatever statement he wishes in re- Trade Preferences Act—referred to as over if they realized how slowly we gard to that unanimous consent re- ATPA—is of time criticality. It ex- were going on certain judges, circuit quest and that, after that time, morn- pired. There are tariffs that these court appellate judges especially. ing business be concluded. countries will have to pay. With all sincerity, there are ways we The PRESIDING OFFICER. Without These are poor countries. They have can go in this body to get people’s at- objection, it is so ordered. unemployment rates of 30, 40, 50 per- tention to make sure these individuals The Senator from Pennsylvania. cent. Colombia is degenerating into May 9, 2002 CONGRESSIONAL RECORD — SENATE S4123 chaos. Peru is in a situation—if I might Mr. NICKLES. Mr. President, I com- to choose the members of the Judici- quote from the Christian Science Mon- pliment my colleague from Arizona. I ary. Others thought that both the itor: hope we can do this and pass an Andean House of Representatives and the Sen- Rebel groups’ presence growing near Peru’s trade bill. I believe the vote on it will ate should be involved in providing capital. The Shining Path wants to show be 90-plus votes in favor of it. If we are ‘‘advice and consent.’’ that democracy is weak, it can’t handle successful in passing this, then we can Ultimately, a compromise plan, put problems with crime and corruption, and the continue to wrestle with and hopefully forth by James Madison, won the day— government’s inability to improve the coun- pass trade promotion authority and where the President would nominate try’s economy. trade adjustment assistance. Correct judges and only the Senate would Andres Pastrana wrote in the Wash- me if I am wrong, this in no way would render ‘‘advice and consent.’’ ington Post on April 15: keep us from passing trade promotion Such a process is entirely consistent Finally, continued U.S. support for and trade adjustment assistance in the with the system of checks and balances planned Colombia and final Congressional future. that the Framers carefully placed passage of the Andean Trade Preferences Act Mr. MCCAIN. It would have no im- throughout the Constitution. Presi- will strengthen Colombia’s economic secu- pact. dents select those who should serve on rity. The trade act will have a minuscule im- the Judiciary, thereby providing a phil- pact in the United States but will create The PRESIDING OFFICER. Is there tens of thousands of jobs in Colombia and objection? osophical composition in the judicial across the Andean region. Enhanced ATPA Mr. REID. Reserving the right to ob- branch. However, the Senate has a now being considered in Congress will foster ject. ‘‘check’’ on the President because it is new business investment in Colombia. The PRESIDING OFFICER. The Sen- the final arbiter with respect to a These countries are in trouble. If ator from Nevada. nominee. these countries are not allowed to en- Mr. REID. Mr. President, I under- Throughout the debates of the Con- gage in economic development, are not stand the frustration of the Senator stitutional Convention, there appears given our assistance, with which we from Arizona. Magnify that 1,000 per- to have been little debate on what fac- have provided them since 1991—this cent for the majority leader. We have a tors the Senate should actually use Trade Preference Act—then we are bill on the floor—— when evaluating presidential nomi- going to pay a very heavy penalty. We Mr. LOTT. Regular order, Mr. Presi- nees. It is likely that this silence was have already had to allocate a billion dent. intentional. The first test case arose with our dollars to Colombia to help them mili- Mr. REID. The underlying vehicle is First President! Soon after the Con- tarily. Situations now are arguably the Andean trade bill. I think we stitution was ratified it became clear worse than 2 years ago when we first should move on to the trade bill. that the Senate did not take its ‘‘ad- began this matter. Every objective ob- The PRESIDING OFFICER. Is there vice and consent’’ role as one of simply objection? server will tell you Colombia is in ter- rubber-stamping judicial nominees. Mr. REID. I object. rible shape. In Peru, people are losing This became evident when the Senate The PRESIDING OFFICER. Objec- confidence in democracy. In Ecuador— rejected a nomination put forward by tion is heard. I have read stories about Hezbollah and our first President and a founding fa- other terrorist entities locating in f ther, President George Washington. these countries. CONSTITUTIONAL RESPONSIBIL- President Washington nominated We don’t have the time to waste fool- ITIES OWED TO THE JUDICIAL John Rutledge to serve on the U.S. Su- ing around with aid to steelworkers, or BRANCH preme Court. And, even though Mr. adjustments to health care, which are Rutledge had previously served as a Mr. WARNER. Mr. President, Article directly related to the Trade Pro- delegate to the Constitutional Conven- II, Section 2 of the Constitution pro- motion Act, not to the Andean Trade tion, the Senate rejected his nomina- vides that the President ‘‘shall nomi- Promotion and Drug Eradication Act. I tion. It is interesting to note that nate, and by and with the Advice and hope we can have some debate and dis- many of those Senators who voted Consent of the Senate, shall appoint cussion about that. against the Rutledge nomination were . . . Judges of the supreme Court, and I ask unanimous consent that the Fi- also delegates to the Constitutional all other Officers of the United States nance Committee be discharged from Convention. further consideration of H.R. 3529; fur- ....’’ From the earliest days of our Repub- ther, I ask unanimous consent that the The debate before us today involves lic, the nomination process has Senate immediately proceed to its con- this clause of the Constitution, and worked. We must now reconcile and sideration, all after the enacting clause this debate is a very important one. We make sure it continues to work. be stricken, and the text of S. 2485, the should put aside partisanship and ex- Based on history, it is clear to me Andean Trade Promotion and Drug amine the very roots of our Republic to that the Senate’s role in the confirma- Eradication Act, be inserted in lieu determine the respective responsibil- tion process is more than just a mere thereof. I further ask consent that the ities of the three branches of our gov- rubber-stamp of a President’s nomina- bill be read the third time and the Sen- ernment. tion; but it is the Senate’s Constitu- ate proceed to a vote on passage of the The magnificence of the ‘‘Great Ex- tional responsibility to render ‘‘advice bill, with no other intervening action periment,’’ a term used by the skeptics and consent’’ after a fair process of or debate. of the work of our founding fathers, is evaluating a President’s nominee. Mr. NICKLES. Mr. President, reserv- what has enabled our Republic to stand This process illustrates well how our ing the right to object, I want to clar- today, after over 200 years, as the long- three branches of government are ify the request that my colleague from est surviving democratic form of gov- interconnected yet independent. Arizona made. ernment still in existence. Thomas Jefferson remarked on the The request is we would move imme- But, the survival of that ‘‘Great Ex- independence of our three branches of diately to the Andean Trade Preference periment’’ is dependent upon the con- government by stating, ‘‘The leading Act, which is a continuation of the cur- tinuous fulfillment of the balanced, in- principle of our Constitution is the rent law going back to 1991 which dividual responsibilities of the three independence of the Legislature, Exec- would assist four countries—the Sen- branches of our government. utive, and Judiciary of Each other.’’ ator mentioned the four countries: Co- Let’s reflect on the historical roots But, I would add that each branch of lombia, Peru, Ecuador and Bolivia, all of the ‘‘advice and consent’’ clause. government must perform its respec- of which desperately need our help. During the Constitutional Conven- tive responsibilities in a fair and time- The Senator’s intention is to con- tion, the Framers labored extensively ly manner to ensure that the three tinue to assist those countries so we do over this clause, deferring a final deci- branches remain independent. not have punitive tariffs hit, I believe, sion on how to select federal judges for In my view, we must ask ourselves, is by the 15th of this month, next week; is several months. the current Senate posture of the nom- that correct? Some of the Framers argued that the ination and ‘‘advice and consent’’ proc- Mr. MCCAIN. That is correct. President should have total authority ess during the early days of the Bush S4124 CONGRESSIONAL RECORD — SENATE May 9, 2002 Administration consistent with our Circuit court vacancies more than tion men and women with whom he is country’s experience over the last 200 doubled—from 16 to 33. personally and ideologically com- plus years since our Constitution was As the vacancy rate was sky- fortable. ratified? That is for each Senator to rocketing, more than half—56 percent— But Federal judges and Supreme decide. of President Clinton’s circuit nominees Court justices do not serve at the Currently, more than 10 percent of in 1999 and 2000 never received a hear- pleasure of the President. Their term Federal judgeships are vacant. And, for ing or a vote. does not end when the President leaves the 12 Circuit Court of Appeals, nearly Second, Democrats have reduced the office. These are lifetime positions. 20 percent of the seats are vacant. Is number of vacancies. Their decisions will have profound con- our federal Judiciary able to fulfill its The judicial nominations process has sequences for years, possible decades, obligations? That is for each Senator significantly improved under Demo- to come. For that reason, they deserve to decide. cratic leadership. special scrutiny. The Constitution re- In day to day court workloads, judi- As of this afternoon, in only 10 quires the Senate to evaluate the cial vacancies result in each of the ac- months, the Democratically controlled President’s judicial nominees, nomi- tive and senior status judges having a Senate has confirmed 56 nominees— nees, offer advice, and grant—or with- greater caseload. This, in turn, often more judicial nominees than the Re- hold—its consent. results in a longer time period for cases publican-controlled Senate confirmed Fourth, I’m concerned that the real to be decided. for President Reagan in his first 12 issue isn’t numbers, but using Judici- The ultimate effect is that Ameri- months in office. ary to achieve a political agenda. cans who have turned to the court sys- Our 10-month number is also greater Appointing judges that are out of the tem seeking justice in both civil and than the number of judicial nomina- mainstream is a way that the right- criminal matters are left waiting for a tions confirmed in four of the 6 years wing can achieve through the judiciary resolution of their case. And, all too Republicans controlled the Senate dur- what they can’t get through Congress, often, justice delayed is justice denied. ing the Clinton administration. the President, or any other office rep- Our current Chief Justice of the Su- It also exceeds the average number of resented by those who reflect the will preme Court, Judge William Rehnquist, judicial nominees the Republicans con- of the people, and need to stand for has expressed his views on this subject firmed during the time they controlled election before them. several times during both the Clinton the Senate—when, from 1995–2001, con- Most Americans simply don’t want to and Bush Administrations. Judge firmations averaged only 38 per year. see a judiciary that will turn back the Rehnquist recently reiterated remarks But Democrats aren’t just improving clock on decades of progress for civil he made first in 1997 when he stated, the numbers, we’re improving the nom- rights, women’s rights, workers rights, ‘‘the President should nominate can- ination process. Under Senator LEAHY’s and the environment. Most of us don’t didates with reasonable promptness, stewardship, the process is now faster, either. and the Senate should act within a rea- fairer—and more productive. Senator LOTT and Senator NICKLES Senator LEAHY has restored a steady sonable time to confirm or reject them. both hinted after Judge Pickering’s pace to the judicial nominations proc- Some current nominees have been nomination was defeated in committee ess by holding regular hearings and waiting a considerable time for a Sen- that they would find ways to retaliate. giving nominees a vote in committee. ate Judiciary Committee vote or a The irony is: By shutting down the Despite the chaos of September 11 and final floor vote.’’ Senate today, they are preventing the the disruption caused by anthrax, the I am in complete agreement with the Senate from doing the very thing they Judiciary Committee has held 15 hear- Chief Judge. We must act in a timely claim to want. fashion to fill judicial vacancies. ings involving 48 judicial nominations Right now, their tactics are pre- Mr. DASCHLE. Mr. President, our in the past 10 months, and is planning venting the Judiciary Committee from friends on the other side of the aisle an additional hearing this week to con- holding hearings on 4 of the President’s are right about one thing: it is impor- sider another 7 nominations. nominees. And last August they tant to fill vacancies on the Federal In addition to increasing the total wouldn’t give us consent to carry pend- bench in a timely manner. number of hearings, Senator LEAHY is ing nominees over the recess—further In his remarks last week, President reducing the amount of time it takes slowing the process. Amazingly, their Bush cited Chief Justice Rehnquist’s to confirm a nomination. The Judici- judges are falling victim to their own report about the alarming number of ary Committee has been able to con- tactics. vacancies in the federal courts. firm nominations, on average, within He’s right. Let me read some of Chief 86 days after a nominee was eligible for There are 77 days left in this Con- Justice Rehnquist’s report: ‘‘vacancies a hearing. This is more than twice as gress—only 46 days if you don’t include cannot remain at such high levels in- fast as the confirmation process under Mondays and Fridays. definitely without eroding the quality the most recent Republican-controlled Shutting down the Senate at a time of justice.’’ Senate. when there are so many major ques- Except that’s from the report he Senator LEAHY has also made the tions facing our nation, and so few wrote in 1997. process more fair. working days left in this Congress—is Democrats, independent-minded ob- Unlike our Republican colleagues, not the way to achieve their stated servers, and the Chief Justice of the who would sit on nominations for goal of confirming judges. United States Supreme Court have all years—many never receiving a hearing, When all the facts are thoroughly ex- raised concerns about the judicial va- Senator LEAHY has ensured that Presi- amined and honest comparisons are cancy crisis for years. dent Bush’s judicial nominees are made, it is clear that the judicial But our Republican colleagues never treated evenhandedly. Senator LEAHY nominations process has significantly seemed to hear those concerns when has also eliminated the practice of se- improved under Senator LEAHY’S stew- they ran the Senate. The fact that they cret holds within the judiciary, that ardship, and Democratic leadership. now recognize the seriousness of the were often used to delay and defeat There are real differences between situation is—I suppose—progress. nominees for political reasons. our parties on many issues. It appears, however, that there are Third, the confirmation of judges is We have shown time and time again, some facts on which they are still un- part of a constitutional obligation we on issue after issue, that we can work clear. I’d like to take a few minutes to take very seriously. through those differences for the good set the record straight: Democrats have been clear: We will of the nation. First, the judicial crisis developed make the process move more fairly, Today, I ask our Republican friends when Republicans ran the Senate. and more quickly—but we will not ab- to join with us in helping—and not ob- Under Republicans, total court va- dicate our constitutional responsibility structing—the Senate as we work to cancies rose by 75 percent—from 63 at to advise and consent. meet the needs of the American people, the beginning of 1995 to 110 by the time I believe the President has a right to and perform our constitutional obliga- Democrats took control of the Senate. appoint to his cabinet and administra- tion regarding federal judges. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4125 CONCLUSION OF MORNING deal with the very important issues MORNING BUSINESS BUSINESS pending before the Senate: trade pro- Mr. DASCHLE. Mr. President, I The PRESIDING OFFICER. Morning motion authority, the Andean Trade thank the distinguished Republican business is closed. Preservation Act, the GSP, as well as leader for his understanding and his the trade adjustment assistance. These f willingness to act in good faith. I ap- are four very big issues, very impor- preciate very much the explanation ANDEAN TRADE PREFERENCE tant for our country and other coun- that he has made. I know it was not his EXPANSION ACT—Resumed tries—in the case of the Andean area— intention and he was not aware of the Mr. LOTT. What is the pending busi- and for the workers of this country. circumstances that had been agreed to ness? The way it has been put together, it prior to the time he came to the floor. The PRESIDING OFFICER. The is very difficult to work through all of We certainly know how these things clerk will report. these issues and get a result. Serious work and appreciate his willingness to The legislative clerk read as follows: efforts are underway to see if we can rescind his actions. A bill (H.R. 3009) to extend the Andean achieve an agreement that produces a There are a number of Senators who Trade Preference Act, to grant additional result. would want to be heard on issues that trade benefits under that Act, and for other We also have to deal with a process are important to them. As we continue purposes. issue, how to make that happen. A few to await further word about the Pending: moments ago, I filed a first-degree progress of the discussions and negotia- Daschle amendment No. 3386, in the nature amendment to the Andean Trade Pref- tions underway, I see no reason we can- of a substitute. erence Act and filed cloture. I think not continue to allow the Senate to The PRESIDING OFFICER. The Re- that is the way to proceed. I think we proceed as if in morning business. publican leader need a showing of who wants to get I ask unanimous consent the Senate AMENDMENT NO. 3399 trade promotion authority and how we proceed as in morning business under Mr. LOTT. Mr. President, I send an will move this to a conclusion. I want the arrangements previously author- amendment to the desk. to do that and I know Senator DASCHLE ized in the Senate for a period not to The PRESIDING OFFICER. The wants to do that, too—find a way to exceed 90 minutes. clerk will report. get to conclusion and produce a result. Mr. MCCAIN. Reserving the right to The assistant legislative clerk read I was within my rights to seek that object, I will not object. as follows: recognition and offer that amendment. The PRESIDING OFFICER. The Sen- The Senator from Mississippi [Mr. LOTT] I did so in good faith with the recogni- ator from Arizona. proposes an amendment numbered 3399. tion that if I didn’t, some further mo- Mr. MCCAIN. The majority leader un- Mr. LOTT. Mr. President, I ask unanimous tion or procedure might have been of- derstands the point I was trying to consent that the reading of the amendment fered by Senator DASCHLE or Senator make. Next week at this time, the An- be dispensed with. REID. dean Trade Preference Act expires and The PRESIDING OFFICER. Without Having said that, Senator REID and back tariffs will be levied on four im- objection, it is so ordered. Senator NICKLES and others were in the poverished countries, one which is ex- (The amendment is printed in today’s Chamber. They had an agreement on periencing a revolution. The majority RECORD under ‘‘Text of Amendments.’’) how to proceed, and they felt this was leader does understand the reason for CLOTURE MOTION not fair under the understanding that the cloture motion, but I understand Mr. LOTT. I send a cloture motion to had been worked out. I always try to there will be an objection if we wanted the desk. make sure we play above board and fair to move to ATPA, and that is why the The PRESIDING OFFICER. The clo- with everybody. Senator REID has al- Republican leader filed the cloture mo- ture motion having been presented ways been fair with both sides, and he tion. under rule XXII, the Chair directs the felt this was not the right way to pro- I hope the majority leader under- clerk to read the motion. ceed at this point. stands this is an issue that is pressing The legislative clerk read as follows: After a lot of discussion, I will move in time. We need to move forward with CLOTURE MOTION to vitiate that action. But I do want to it. That may require a cloture motion We the undersigned Senators, in accord- emphasize—and then I presume Sen- either by the majority leader or the ance with the provisions of rule XXII of the ator DASCHLE may announce we would Republican leader. Standing Rules of the Senate, do hereby have a period of further discussion as I do not object. move to bring to a close debate on the pend- we continue to work on this issue—I do Mr. REID. Reserving the right to ob- ing Lott amendment: ject. Trent Lott, Don Nickles, Phil Gramm, think this is the correct way to pro- ceed. We should not get off the trade The PRESIDING OFFICER. The Sen- Chuck Grassley, Rick Santorum, Mitch ator from Nevada. McConnell, Bill Frist, Craig Thomas, legislation and go to any other issue. Judd Gregg, Frank H. Murkowski, Jon We are on the verge of beginning to Mr. REID. I ask for 2 minutes prior Kyl, Michael D. Crapo, James M. make progress. If we let up, I think the to Senator BYRD. Inhofe, Thad Cochran, Chuck Hagel, momentum will stop. Mr. DASCHLE. I ask unanimous con- Pat Roberts. I had to explain what happened and sent my consent request be amended in Mr. LOTT. Mr. President, the why I am doing this. I have heard sto- that fashion. Daschle amendment—— ries from the past of how Senators The PRESIDING OFFICER. Without Mr. DASCHLE addressed the Chair. have come to the aid of Senators on objection, it is so ordered. The PRESIDING OFFICER. The ma- the other side of the aisle saying, no, Mr. DASCHLE. Mr. President, again I jority leader. this was not the fair way to do it, even ask unanimous consent the Senate be Mr. DASCHLE. Mr. President, I sug- if it might have appeared to be fair. We in morning business for 90 minutes and gest the absence of a quorum. want to always try to do that with accommodate Senator REID’s request The PRESIDING OFFICER. The each other. for 2 minutes prior to the time Senator clerk will call the roll. BYRD is recognized. AMENDMENT NO. 3399 WITHDRAWN The legislative clerk proceeded to The PRESIDING OFFICER. Without call the roll. Therefore, I ask to vitiate the cloture objection, it is so ordered. motion I filed and withdraw the Mr. LOTT. I ask unanimous consent f that the order for the quorum call be amendment I filed. rescinded. The PRESIDING OFFICER. Without ATPA The PRESIDING OFFICER. Without objection, it is so ordered. Mr. DASCHLE. Let me respond brief- objection, it is so ordered. The amendment (No. 3399) was with- ly to the Senator from Arizona. No- Mr. LOTT. Mr. President, our goal drawn. body wants ATPA passed more than I this afternoon is to get to a process or The PRESIDING OFFICER. The ma- do. I have attempted in many different an agreement that allows the Senate to jority leader. ways over the last several weeks to S4126 CONGRESSIONAL RECORD — SENATE May 9, 2002 find the right formula to bring this pansion Act. Would you consider that Instead of doing three sequential fili- about. I have talked about it, literally, as we proceed this afternoon? buster-cloture, filibuster-cloture, fili- for months. I will work with the Sen- Mr. DASCHLE. Mr. President, we are buster-cloture motions, we thought it ator from Arizona and others. We are trying to make the most of what few might be better to do one and accom- very aware of the May 16 deadline. I am days we have before the Memorial Day modate all the procedural impediments very hopeful we can find a way with recess. That is an option. We have en- at once. which to accommodate that deadline tertained it in the past. We have talked That may or may not prove to have and make sure this job can be done. about it in the past. That would mean, been the right strategy. But, clearly, We are sensitive to the tremendous of course, that TAA and TPA would we know it will take a long time. If it economic repercussions that will result fall if cloture is invoked, and I am not is the case, we will have to take these if we are not successful. The stakes get sure we would be able to get to it again bills up sequentially, as I am told is higher with each passing hour, which is prior to the Memorial Day recess, the case right now. Maybe time will why I have been frustrated in my effort given all the other things we have to prove Senators will reconsider and be to move the process along all week. do. But that is an option. So we will willing to move into a time agreement, We spent a lot of time on the farm weigh that carefully and consider what at least on ATPA. bill. We spent a lot of time waiting for other choices we have, subject to some We will try to vet that and perhaps some sort of negotiation when I think report from our colleagues. We will we can move that. I think we ought to sometimes the best thing to do is just continue to negotiate. explore that possibility. But a sequen- offer amendments. That is what we do Mr. NICKLES. If my colleague will tial effort on each one of these will in the Senate if there is a disagree- yield, I think Senator LOTT and Sen- take us well into the middle of June, ment: At some point you offer an ator MCCAIN have a good idea. I urge and I am not sure we have that kind of amendment, have a vote, and move on you to seriously consider that. I hope time. to the next amendment. it will not take cloture to pass any of I appreciate the Senator’s interest in There are those in the Senate who the three bills. I likewise tell the ma- working with us. want the package to be just so, prior to jority leader, I think you will find Mr. NICKLES. If the Senator will the time they even allow us to move Members on this side of the aisle—I yield a little further, I will be happy to forward on a package. think the majority leader has com- shop it on our side. I do happen to We will continue to work with those plicated his process by trying to put think there are overwhelming majori- who have been in negotiation. I hope three bills together. ties—probably on both sides of the we can resolve this matter soon. Historically, we have passed Andean aisle. We passed TPA out of the Fi- Mr. LOTT. Will the Senator yield? trade, passed trade promotion or fast nance Committee 18 to 3. Andean trade Mr. DASCHLE. I yield. track, and we passed trade adjustment passed unanimously, I believe, in the Mr. LOTT. We did vitiate the cloture, assistance—independently and over- Finance Committee. Trade adjustment withdraw the first-degree amendment, whelmingly, usually with 70-some assistance was considered and, frankly, but I ask that we consider filing clo- votes. I believe there are still 70-some the trade adjustment assistance that is ture on the underlying amendment, votes. The Senate historically has pret- in this bill never passed committee and just ATPA. ty much favored free trade. some of us object to that. We are will- My cloture and amendment had been I think we would be happy to assist ing to have amendments to it. We are both trade promotion and Andean the majority leader to pass all three. willing to find out where the votes are, trade. If we file cloture on just the An- We may have some differences, particu- if that is the way we have to go. Hope- dean Trade Preservation Act, that larly on trade adjustment assistance. fully, some of the negotiations that are would ripen Monday night or Tuesday Maybe we will have to have a few taking place today can help solve some if we got an agreement, and it would at amendments on each side. We will help of those problems. But we all know we least guarantee we would be able to get you get a time agreement where we can need to move forward on all three that issue resolved and hopefully sent pass all three bills by the Memorial pieces of legislation. I urge our col- to the President by Tuesday or Day recess. Maybe by separating the leagues, let’s do it. Wednesday, thus dealing with this three bills we can accommodate the I do question the wisdom of putting problem that Senator MCCAIN address- Andean countries that are in desperate es. If we don’t, we are going to have shape. It would be a shame if we im- all three together. Historically—I re- this deadline that we are facing. posed tariffs on those poor countries, a member Senator BYRD and I having a I say this in a bipartisan, non- tariff increase that they have not had big debate on line-item veto and I used partisan spirit. It would be one way to for 10 years, if we do not get our work to say we should have a bill veto. Is it make sure we get a vote on that. We done on that bill by next week, by the fair to the President of the United could still get an agreement and viti- 15th or 16th. States to submit all three bills, each ate if we had to and get the trade pro- Likewise, it would be a real mistake different, and say take it all or leave it motion authority and trade assistance if this Senate doesn’t pass trade pro- all? He loses his Executive power or also. motion and trade adjustment assist- ability to sign or veto individual pieces I might say that I understand we ance, however this Senate defines it. of legislation. need to try to make progress. But we I tell the majority leader, I think if I hope we will consider trying to ex- have only spent about 12 hours on this he breaks the three up, we could come pedite this, come up with time agree- bill and really only one serious amend- up with time agreements and a limita- ments, pass all three bills, and let’s see ment has been offered. tion of amendments to finish all three if we can get all three done by the Me- I know you, Senator DASCHLE, would bills. morial Day break. have liked to have had more amend- Mr. DASCHLE. I thank the Senator Mr. DASCHLE. If the distinguished ments offered. Certainly we assume from Oklahoma for his generous offer Senator from Oklahoma will be pre- that will occur, perhaps even still. But of assistance. I would love nothing pared to work with us on his side, we we have not spent much time on the more than to get time agreements. will see what prospects there are for trade bill itself. I would address the I am told there is opposition to time doing something like that on one or question—urge you to consider, even agreements on both sides on each bill. more of the bills in the Senate in the today, within the next hour, filing clo- As we know, given the time it takes to next day. ture on the underlying ATPA. We could get through a motion to proceed if I am happy to yield to the Senator still get progress on these other bills there is a filibuster, given the time it from North Dakota. without prejudicing this particular takes to get through a bill itself, proce- Mr. DORGAN. Mr. President, I think provision. durally, if there is a filibuster—each it sounds good to have some coopera- That is the kind of thing I think Sen- bill will take over a week if you did tion with respect to time. But there is ator MCCAIN would like to see us do. He nothing more than move as expedi- frustration on all sides with respect to is pressing me to file cloture on the un- tiously as you can given our Senate this legislation. The issue of trade pro- derlying Andean Trade Preference Ex- rules. motion authority, for example, came to May 9, 2002 CONGRESSIONAL RECORD — SENATE S4127 the floor. Then we had to go off, I be- he did following, to vitiate his request, We haven’t had any discussion, to my lieve for 12 hours, debating the Agri- is not in the rules of the Senate. He did knowledge, on the floor or in the press culture conference report, which took that because of the goodness of his as to the specific reason any one of the better part of 2 full days. heart, and I appreciate that very much. these nominees has been held back. We have now, I believe, voted on only We have to work here, recognizing that There is no cloud that I am aware of. It one amendment on trade promotion au- no matter in what situation you may is simply stopping the President’s judi- thority. That was the amendment I of- find yourself, it may not be one of total cial nominees, and stopping qualified fered. And that was held over. We understanding at the time you do it. I jurists from serving. couldn’t clear it after we had a tabling appreciate very much Senator LOTT These are people who have been nom- amendment. That was held over several withdrawing the cloture motion. I also inated, and when you are nominated days in order to clear that. appreciate his withdrawing the amend- for a position such as this—the Pre- Senator DAYTON has an amendment. I ment. He did not have to do that. No siding Officer knows; he was Gov- have two additional amendments. I one could have forced him to do that. ernor—in State office or Federal office, know other colleagues have amend- We could have gotten into a procedural they have to begin to sort of unwind ments to trade promotion authority, situation where we would move to their affairs. They have to begin the but we have not been able to get at table his amendment and things of that process of setting themselves up, be- that, and my understanding was we had nature, but that would not have gotten cause who knows how quickly they people on the floor on the other side us to the goal we wanted. could be considered and moved through saying they were not going to let us do I also express my appreciation to my the Senate? anything until all of this gets nego- friend from Oklahoma who expressed to In the case of Nebraska, I guess there tiated to some successful conclusion. the Republican leader what the ar- is one house in which they go through I think the way to legislate, I say to rangement was he and I had. in the process. the majority leader, would be to allow Of course, I appreciate very much the We have eight people of impeccable us to proceed with the amendments. If majority leader working his way integrity who began that process a there are those on the floor who are through this. I think it will be better year ago. Where are they? They are blocking it, perhaps the Senator from for us all that we approach it in this hanging out there. Their lives are in Oklahoma and the Senator from Mis- manner. limbo. That is not fair to them. It is sissippi, if it is on your side, might The PRESIDING OFFICER. The Sen- not fair to the people who are not get- help us remove that block and let us ator from Pennsylvania. ting justice and not having their cases get to the amendments and have votes f heard on appeal, or are having long on the amendments. delays in getting the resolution of JUDICIAL NOMINATIONS Trade promotion authority is a rea- their cases. sonably controversial measure. People Mr. SANTORUM. Mr. President, I That is not fair either. That impacts will have a fair number of amend- thank Senator BYRD. He came over to the administration of justice, particu- ments, but we have had one so far. It me a few minutes ago. He was in line to larly on the civil side, which tends to seems to me we ought to get at them take the next slot, and I appreciate his suffer. We are getting criminal cases and have votes on them. willingness to give me the opportunity through because they are a high pri- Mr. LOTT addressed the Chair. to speak. ority. But you have people whose lives The PRESIDING OFFICER. The ma- I am here on the anniversary of the are almost in limbo because they are jority leader has the floor. President’s first nominations to the not getting the quickest administra- Mr. DASCHLE. I am happy to yield circuit court to, once again, focus the tion of justice that they deserve in our to the Senator. Senate on what really is a great ob- court system. Mr. LOTT. I will respond to that. I struction of justice that is occurring as I want to talk about one particular think that is what we should do. That a result of the actions within the Judi- nominee. He is from Pennsylvania. I is what I just did; I offered an amend- ciary Committee. will give you sort of the rundown of ment. But because of concern about the We have seen the first 11 nominees where we are in Pennsylvania. fact we were in morning business, I the President put up for the circuit We had 11 openings on the district withdrew it. court—which is the appellate court in court level in Pennsylvania. We have I think that is the way to go. Hope- this country at the Federal level, and two circuit nominees who are Third fully, maybe we will come to an agree- then you have the Supreme Court, ob- Circuit nominees—who are sort of ment this afternoon that will allow us viously. We have 11 nominees the Pennsylvanian, assigned to Pennsyl- to move forward on all three bills. If we President put forward. Three were vania in this informal agreement we do not, then what I urge we do is stay moved. But they were three holdovers have across the country. One of the on the trade bill, have amendments, from the prior administration. The nominees for the circuit court—the and go forward. first original, if you will, Bush nomi- only nominee so far, because the other I thank the Senator for yielding. nees have not even had a hearing. If circuit vacancy just occurred a few The PRESIDING OFFICER. The Sen- they were eight people who had very weeks ago—is Judge D. Brookes Smith. ator from Nevada. little to account for, if they were peo- Judge Smith is the present judge of the Mr. DASCHLE. Senator BYRD in- ple who were not considered well quali- Western District in Pennsylvania. He is formed me, while he intended to speak fied, if they were people who had clouds a very distinguished jurist. He has been as in morning business today, he is hanging over their nominations, that on the court for over 10 years and has going to postpone his speech on Moth- would be one thing. But not one of served on the Common Pleas Court in er’s Day until tomorrow. So the floor is them has received anything but well Blair County and Altoona. But he is open, I notify all Senators. qualified, and the vast majority were from Altoona. He is from just an im- The PRESIDING OFFICER. The Sen- well qualified by Senator LEAHY’s and peccable law firm and practiced before ator from Nevada. the Judiciary Committee’s standard, he was judge. He has great reputation Mr. REID. While the leaders are still which is the American Bar Association, as a common pleas court judge in on the floor, especially the Republican which is not necessarily friendly to Re- Pennsylvania, and now as a district leader, I want everyone to know that publican nominees for the court. court judge. what he did was entirely within his We have a situation where we have Again, he has a flawless reputation. rights. What he did not know when he preeminent jurists and litigators who He is a man of highest integrity. He is came on the floor is my counterpart, are being held in committee for a year rated well qualified unanimously by Senator NICKLES, and I had an agree- without a hearing, and without expla- the ABA. Thankfully, we had a hearing ment. The majority leader had asked I nation. That is sort of the remarkable on Judge Smith. But that hearing was keep us in a quorum call. That is what thing throughout this entire discus- roughly 3 months ago. Judge Smith I intended to do. sion. There is no explanation as to why continues to be held in committee. What Senator LOTT did was in keep- any one of these nominees is being held Again, if you look at what I said before ing with the rules of the Senate. What up. about your life being held in limbo, S4128 CONGRESSIONAL RECORD — SENATE May 9, 2002 here is someone who has already had a to change it. He tried I think four or after lawyer after lawyer from the hearing and is being held for months five times. When he felt that he could Western District come here, the Wom- without being moved through the proc- no longer stay in the club because he en’s Bar Association, supporting Judge ess. didn’t see any hope that in fact they Smith. We have not heard anybody Are there serious allegations about would change that policy, he left. from the Western District, who has ap- any actions Judge Smith has taken I will make the argument against peared before Judge Smith, who is a while he has been a member of the NOW’s position—that he stayed there woman saying anything negative. It is Western District of Pennsylvania? Are after he had been made aware of that just the opposite. I received letter after there any decisions out there that have and he should have left right away. letter in support of Judge Smith. been seriously attacked? The answer is Had he left right away, there would So you say: Well, that seems unfair. no. There is no ‘‘gotcha’’ case, or line have been no chance that the club Yes, it is. If you were Judge Smith, of cases, or opinions Judge Smith has would have changed. Judge Smith did imagine how you would be dealing with offered that has caused any problems. stay in there to fight to change it. this. This is a human being. I know we The only issue I am aware of with re- If you wanted to argue anything, you all put these charts up in the Chamber, spect to Judge Smith is that he be- could argue that Judge Smith should and we show the numbers—such and longed to a rod and gun club in Penn- be faulted for not still being in the club such percent get through, and such and sylvania. We are very proud of our trying to change it. By walking away such do not—but we are talking about sportsmen activities in Pennsylvania. from the club, you could make the ar- a human being who has dedicated his We are a great hunting and fishing gument that he walked away from a life to serve, with a particular empha- State. He belonged to the Spruce Creek fight he shouldn’t have walked away sis on the inclusion of women in the Rod and Gun Club. from. That is not their argument. The legal profession. Some of you who can think 20-odd argument is he shouldn’t have fought I have to tell you, I come from west- years ago and of Spruce Creek, you in the first place, he should have just ern Pennsylvania. At times, I have to think of Jimmy Carter. That is where gotten up and left. say that our area of the country has Jimmy Carter used to go. You may re- That is not how we change things in not always been the most progressive member the incident about the rabbit America. We change things by standing when it comes to promoting women to on the boat. That was in Spruce Creek. up for principles and fighting for them. the bench. He has bucked a lot of the Judge Smith was an avid fisherman And Judge Smith fought for women ‘‘Old Boy’’ network in doing what he’s and someone who belonged to this club membership. And now, because he did, done for women. And this is what he for years, and belonged to it when he he is not qualified to be a Federal ap- gets rewarded with, these kinds of out- was confirmed as a judge in the first peals court judge? rageous charges which are not based on Bush administration. He has been a judge for over 15 years. fact. It is based on the fact that Judge Comments were made that this club They have looked at all his cases. Smith happens to be moderate to con- did not allow women members. They There are no complaints about any of servative. allow women to go to the club and par- the cases. The reason they oppose him You see, if you are anywhere right of ticipate in activities, but they don’t is because he stayed in a gun club too center here, and if you are looking at allow them to be voting members of long, fighting for allowing women to the third circuit or you are looking at the club. When asked about that, Judge become members. That is the great sin. the sixth circuit or you are looking at Smith said he would try to change that That is the reason why. Although we any other circuit, you need not apply policy. will have no admission of this, so far, because we will find some reason— There is a woman who is a county publicly, I am told the reason Judge some outrageous, silly reason—that commissioner who served with him Smith is still in committee is because has nothing to do with the incredible when he was a common pleas judge in of that—a man who has incredible cre- track record that you put together Blair County who is a member of NOW, dentials, a man who has been a fighter through your career; we will find some a Democrat, who came out and said she for women in the legal profession, a bogus reason to hold you up and tar knew of nobody who had done more to man who has fought in the ‘‘Old Boys you—the politics of personal destruc- help women and to promote women in Club’’ to admit women as members. tion on decent people who are working the legal profession than Judge We are saying now that he should not hard to make this country better, all Smith—he has an impeccable record on be elevated to the third circuit because for this agenda that no one will talk women’s issues—and the promotion of he fought for women. How remarkable about. No excuse will be given. women within the legal system and the a place this can be sometimes. How re- This is one example. I am sure you court system. markable a place this can be. I would heard earlier today about others. We We had five litigators come to Wash- suspect that maybe had he quit, they have eight people nominated for the ington, DC, most of whom were Demo- would have come back and argued: See, circuits that have been sitting out here crats, and all of them practiced in he quit. He should have stayed and for a year and, unlike Judge Smith, front of Judge Smith. They went fought. And they would oppose him for have not even been given a hearing, through story after story about how that reason. have not even been given the decency he, unlike, unfortunately, some other This is wrong. This is a man of in- of presenting their credentials to the members of the bench, treated women credible integrity, terrific credentials, committee and saying: Evaluate me with particular dignity and respect and great judicial temperament, who is based on me, my merits, my record, my was very accommodating to some of scholarly, gentlemanly, and he is being temperament, and my ability. The their concerns. One of them happened subjected to being called anti-women. committee has said: No, we are not to be pregnant during the trial. He was Even though he has staked out, in his going to give you the opportunity. The very accommodating to her particular judgeship in the Common Pleas in President has selected you, we under- needs. Blair County, in his judgeship in the stand. But we don’t even believe you So he has a great record. Western District, and now as one of the deserve the opportunity to convince us. What is NOW saying? They opposed President’s nominees, that one of his Why? That is the question I keep Judge Smith because he belonged to a highest priorities has always been the asking. Why? Don’t we have to ask our- gun club that didn’t permit women promotion of women in the court, he selves why the chairman of the Judici- members. It permitted women on the has been targeted as anti-women. ary Committee and the committee premises. It permitted women to par- This is wrong. This is wrong. This is have decided not to even give these ticipate in their activities. But it did what is going on here. These are the at- people the opportunity to present not permit them to be members. tacks that are leveled at people who themselves to the committee? What Judge Smith during his initial con- want to serve. are they afraid of? firmation said he would go back and His nomination is being held in com- Let’s be very honest about this. If try to change that. He did. Every time mittee, and has been for months. It is these eight people are that bad, if they there was a meeting and the bylaws wrong. This is a man who has worked are that ‘‘out there,’’ if they are that were reviewed, Judge Smith attempted diligently for women. We had lawyer dangerous, if they are that destructive May 9, 2002 CONGRESSIONAL RECORD — SENATE S4129 to the judicial system, then it would be the road. I don’t know which party it mittee involved here. The Republican in your favor to bring them up here will be. It may be our party; it may be members of the Judiciary Committee, and show how bad they are, how sub- your party. The point is, it is not good of which I am one, would very much versive they would be to the laws of for this institution, and it is horrible like to move forward on Judge Smith the country, how dangerous they would for the country. and other nominees. be to the litigants who would come to I understand the partisan advantage. We were called by the President their court—but nothing. I understand you don’t like the philos- today to join him at the White House What are you afraid of? Are you ophy of some of these people the Presi- because today is an anniversary of afraid if you put Miguel Estrada up dent nominated. I have voted for judges sorts. There are three anniversaries there, and you listen to this articulate, whose philosophy I hated. But the today that mean something to me per- brilliant, competent, well-tempered President won the election. He has the sonally. It is my father’s birthday; he man, that this charade that you have right to nominate good, decent people is 83 years old today. It is the Attorney been putting on will come collapsing with whom you disagree on philosophy. General’s birthday, John Ashcroft, who down upon you? Is that what you are He has that right. If they were good, is 60 years old today. And, unfortu- afraid of? That is a legitimate fear. decent people who were qualified and nately, the other reason it has meaning But what you are doing to these peo- had the proper temperament, I ap- is, as the President reminded us, it has ple, what you are doing to the litigants proved them, whether I agreed with been exactly 1 year since he nominated in this country, what you are doing to their philosophy or not. some very fine individuals to serve on the President is wrong, it is unfair, it That is the role of the Senate. What the circuit courts of appeals—1 year is unjust. If you have a case against is going on here may fundamentally and not a single hearing on eight of them, present the case. Bring them be- change the role of the Senate for the these nominees, all very fine individ- fore the committee. Present the case. worse. You can’t think about the next uals. If you don’t have a case against them, election or the partisan advantage or There has been no hearing scheduled, then treat them justly. even the set of issues we are dealing no hearing held, let alone moving the These are outstanding men and with today in America. Those sets of process forward so that they could be women who deserve their day in court, issues 40 years from now will be dif- confirmed. who deserve the opportunity to present ferent. The precedent you set now will I don’t know of any reason any of themselves to the committee and the have a huge impact on those issues. these judges or lawyers nominated to Senate. They have earned it because Don’t do it. Don’t do it. Don’t open up the circuit courts should be held up. As they have earned the trust of the Presi- a hole in the precedents of the Senate a matter of fact, they have all been dent of the United States, who has that somewhere down the road will rated by the American Bar Association nominated them for these positions. drive a truck over something you may as ‘‘qualified’’ or ‘‘well qualified’’ to What are you afraid of? Or is it some- care very deeply about. It is not the serve on the circuit court. That was, thing even more sinister than that? I right thing to do. according to our Democratic col- hope not. You still have a chance to change it. leagues, the so-called gold standard by It has been a year. It has been a year I pray that you do. which these candidates would be in the lives of these people that I am The PRESIDING OFFICER (Ms. judged. So if it is to apply in these sure they will never forget. It has not CANTWELL). The Senator from Arizona. cases, then all of these individuals been a year that has reflected particu- Mr. KYL. Madam President, I com- should be confirmed, and at a min- larly well on the Judiciary Committee pliment the Senator from Pennsyl- imum, of course, the committee should or this Senate. vania for the remarks he has just begin to hold hearings on them. We have an opportunity, on this an- made, especially in relationship to a Why aren’t the hearings being held? niversary, to begin to start anew. We judge that means a lot to him, Brooks It could be one of two different reasons. saw, just a few minutes ago, the two Smith, who has been nominated by the The first has to do with an attempt to leaders have a little bump in the road. President to serve on one of our Na- change the standard by which we his- When we have bumps in the road here tion’s highest courts. There is no rea- torically have judged judicial nomi- in the Senate—we often do—we always son, as Senator SANTORUM has said, for nees. sort of step back and say: OK, for the this fine individual to be held up. It This morning, the Senator from New good of the Senate, for the long-term may be that for purely partisan rea- York, who chairs a subcommittee of health of the Senate, can’t we put some sons, someone will try to find a pretext the Judiciary Committee, held a hear- of these partisan one-upmanships aside such as the business about the club. I ing in which he was very clear about and do what is right for the Senate? have heard that, too. But I can’t be- his belief that ideology should play a Because this place will be here, God lieve at the end of the day anybody role in the Senate’s confirmation of the willing, much longer than we will be. would actually use that, at least pub- President’s nominees. He expressed a What we do here does set precedent. licly, as a reason to oppose the nomina- view that nominees of President Clin- And the precedent the Senate Judici- tion. There is nothing to it. ton were all mainstream or mostly ary Committee is setting right now is When people get so caught up in the mainstream; whereas President Bush dangerous to this country, because now politics of it, as the Senator from keeps on nominating ideological con- there will always be this precedent Pennsylvania has said, they begin to do servatives, people who, in his view, are that we will be able to look back to things that in cool, collected thought out of the mainstream. and say: See, they did it. The precedent maybe they would not ordinarily do. The Senator from New York is cer- has been set. When you set a precedent, They get carried away and even refuse tainly entitled to his views. He noted, particularly a precedent that is dam- to consider a judge based upon a pre- and I agreed, that he and I probably aging to the rights of Presidential text such as this. When that kind of would disagree philosophically on a lot nominees to be considered, you lower precedent is set, it does begin to not of things. He probably would call him- that bar, you harm the entire judicial only demean this institution but de- self a liberal Democrat. I would proud- system in the future. grade the court system and fundamen- ly call myself a conservative Repub- We have a chance yet, before the end tally alter the relationship between the lican. We respect each other’s rights to of this session, to fix this. Senate and the President and our re- believe in what we believe and to pur- We have a chance to get a proper, a sponsibility of advise and consent to sue those positions. But I don’t think sufficient number of circuit court the nominees. either one of us should therefore sug- nominees approved by the Senate that The Senator has made a very good gest that we are the best ones to judge comports with the historical precedent. general point; unfortunately, a point what a balance on the court would be. It is still possible to do that. It is also well taken with respect to a nominee We probably would both want to shade possible that we won’t do that. That pending before the committee, Judge it a little bit toward our particular will set a precedent here, a precedent Smith. point of view. that, unfortunately, once set will be re- I want to make the clarifying point The Senator from New York says he visited by somebody somewhere down that it is not just the Judiciary Com- believes it is our job as the Senate to S4130 CONGRESSIONAL RECORD — SENATE May 9, 2002 restore balance to the courts. I pointed In fact, I don’t think even most of He told us he thought it was very un- out that, of course, balance is all in the them could be fairly characterized as fair to the fine people he had nomi- eye of the beholder; that probably the somehow ideologically way out of the nated that their lives, in effect, are in President of the United States, elected American mainstream. The other thing limbo at the moment because they by all of the people of the country, was that might be offered as an excuse not don’t know whether they are going to a better judge of the mood of the coun- to hold hearings is—and I have heard get a hearing, whether they are going try, especially a President who, by the this often from my Democratic col- to be confirmed. In the meantime, way, has an approval rating of well leagues—they believe that some of the their law practices are suffering, if over 70 percent. Clinton nominees for courts were not they are still in the practice of law. When he ran for President, it was treated fairly because they were not Their reputations are hanging in the clear that if he won, he would be the given hearings. It is true there were a balance. person nominating the judges. As a few that, for one reason or another, did Let me tell you a little bit about a matter of fact, Vice President Gore not get a hearing. Of course, in the couple of them. Of these eight nomi- made a point during his campaign to case of those nominated at the end of nees who have languished before the warn voters that if they elected Presi- the last year of the Presidency, there is committee and have not had a hearing, dent Bush, then-Governor Bush, he good reason for that because there is one is John Roberts, a nominee to the would be making the nominees to the no time to do it. But there were still DC Circuit Court of Appeals. He is one court. He was right about that. When probably some who could have had a of the country’s leading appellate law- President Bush was declared the win- hearing and did not. yers. He has argued 36 cases before the ner, he had every right to make these A hearing was held this morning by Supreme Court. He served as Deputy nominations. the Senator from New York in which Solicitor General. He has a great track If the people are not well qualified, four of those individuals were called to record. There is nothing wrong with then the Senate should vote them testify. And each one of them made the this nominee. He is one of the smartest down. On occasion that has happened, point that they were disappointed—ac- people and one of the most experienced but it is quite rare. As the Senator tually, one had gotten a hearing but people we could put on the DC Circuit from Pennsylvania pointed out, the had not been confirmed. They all made Court. Nobody denies that. So why test has been, for most of us over the the point they were disappointed and hasn’t he had a hearing? Why? years, even if you don’t like the person they didn’t think it was fair. Two of You can cite all kinds of statistics ideologically, if that is the President’s them, particularly, I thought, made a about how many Clinton nominees choice and the individual is otherwise very good point that when you get were approved and this and that. But well qualified, then you really ought to right down to it, it is very unfair for a when you get right down to it, there is vote to confirm. nominee not to have a hearing. They absolutely no reason this fine man All of us have done that. I have swal- believe that all nominees should have a hasn’t had a hearing now in a year. lowed hard and voted for people I didn’t hearing. That, of course, applies today Miguel Estrada has been nominated particularly care for and whose ide- as much as it applied to them. If it was to the DC Circuit and he has a great ology I very definitely didn’t care for. wrong for them to be denied a hearing, story to tell. He would be the first His- I voted for them nonetheless because I it is just as wrong for President Bush’s panic ever to serve on the DC Circuit. couldn’t find anything wrong with nominees to be denied a hearing. He has argued 15 cases before the U.S. them. They graduated high from their The second reason that sometimes is Supreme Court. By the way, this is a law schools. They had done a good job offered up to me why President Bush’s big deal for a lawyer to argue before in a law practice or on some other nominees are not being given a hearing the Supreme Court. I have had three bench. Even though I figured they or moved forward through the process cases there in my law career, and it is would probably be quite ideologically for confirmation, it seems to me, is a great honor for a lawyer. When you liberal—and by the way, some have based upon a false premise; that is, in can say you have argued 15 cases—and turned out to be ideologically liberal— effect, saying two wrongs make a right. I argued 1—and when you can say you I felt it was my obligation, since that It is wrong not to give somebody a argued 36 cases, that is something very was the President’s choice, and there hearing. Some of President Clinton’s few lawyers have ever had the oppor- was no question about qualification, nominees were not given a hearing, so tunity to do. It shows that you are an that we should approve them. That I we are not going to give President extraordinary lawyer. So why isn’t did. Bush’s nominees a hearing. If it is Miguel Estrada even getting a hearing? That has been the tradition in this wrong, it is wrong. If it is wrong, it He would be the first Hispanic to serve body for a very long time. I don’t think should stop. on this court. He was an Assistant U.S. it is appropriate for us to try to define I heard one colleague say, but we Solicitor General. He was a Supreme what a proper balance of ideology is need to go back and fix the wrong. To Court law clerk. He has been a Federal and to turn down the President’s nomi- my knowledge, there is only one Presi- prosecutor. No one can say he is not nee because of that. dent who has gone back and nominated qualified. I especially think it is wrong not to people his predecessor of another party In fact, the Bar Association unani- give them a hearing and find out. had nominated who were not con- mously recognized both of these indi- These eight nominees to the circuit firmed. President Bush has actually viduals are well qualified, with their court the President made exactly a gone the extra step and renominated highest rating. year ago have never had an oppor- two of the Clinton nominees who have Justice Pricilla Owen, a nominee to tunity to come before the committee been confirmed already by this body. the Fifth Circuit, has served on the and answer any questions about their To my knowledge, President Clinton Texas Supreme Court since 1994. Every ideology. didn’t renominate any of the 40-some— newspaper in Texas endorsed her in her There is a presumption that has not I believe that is the correct number— last run for reelection. So why isn’t necessarily been backed up by reality nominees pending at the end of the Justice Pricilla Owen even receiving a or by facts. Bush 41 administration. President Bush hearing? There is no reason she should I would think that, as the Senator 43 has done that. not receive a hearing—or at least no from Pennsylvania said, if there is no So I think it is wrong to say we are fair reason. reason to be afraid of these judges, not going to have a hearing on these I am told Michael McConnell is one then we ought to have a hearing. And if individuals because some other can- of the most intelligent people ever to there is, I would think people would didates didn’t get a hearing and that be nominated to a circuit court. He is want to bring those reasons out to was wrong. Again, two wrongs don’t nominated to the Tenth Circuit, and he demonstrate why they are not qualified make a right. is one of the country’s leading con- to sit on the bench. But, in fact, there Today, President Bush told us that stitutional scholars and lawyers. He has been no suggestion that there is a he called upon the Senate, and specifi- has an incredible reputation for fair- reason why any of these eight can- cally the Senate Judiciary Committee, ness, as has been illustrated by the didates are not qualified. to move forward with these nominees. support he has received from literally May 9, 2002 CONGRESSIONAL RECORD — SENATE S4131 hundreds of Democrat and Republican cancy crisis.’’ Those were his words. circuit court nominees confirmed by law professors around the country. He Today, there are 89 vacancies. We are this same date in his term. is clearly one of the outstanding jurists getting close to twice as many. It is a I know we can quote statistics, and in the country. He hasn’t even gotten a 10-percent vacancy rate. The Judicial that is not really the most important hearing. Why? Conference of the United States classi- issue. I quote from the Washington Jeffrey Sutton is another of the fied 38 of these court vacancies as judi- Post editorial of November 30 of last country’s leading appellate lawyers. He cial emergencies. year: has been nominated to the Sixth Cir- The President has 18 individuals The Judiciary Committee chairman, cuit. He graduated from Ohio State nominated to fill a seat designated as a Democratic Senator Patrick Leahy, has of- Law School and was first in his class. judicial emergency. What that means fered no reasonable justification for stalling He has argued over 20 cases before the is that litigants cannot get to court. on these nominations. U.S. Supreme Court and State supreme There are delays of 6 and 8 years of The point is, anybody can cite statis- courts, and he served as solicitor of the people not being able to get to court or tics, and most of us are pretty good State of Ohio. have their cases resolved—in the case lawyers and can argue the case, but at Justice Deborah Cook, a nominee to of some criminal cases. This is unfair the end of the day, there is no reason- the Sixth Circuit, has served as a jus- to litigants, and it has been said many able justification for stalling on these tice on the Ohio Supreme Court since times that justice delayed is justice de- nominations. There is no reasonable 1994, a State supreme court justice. She nied. There are many situations in justification for stalling, unless—I was the first woman partner in Akron’s which that is true, but that is what is think the Post might have gone on to oldest law firm. This is another ex- happening as a result of not being able say—you are trying to get even be- traordinarily qualified individual. to fill these positions, especially with cause of some perceived slight. That is There is no reason for her not to have regard to those denominated as judicial beneath the Senate of the United a hearing. Why hasn’t this nominee emergencies. States of America, and it should not be even had a hearing? The 12 regional circuit courts of ap- the motive of anyone, and I cannot be- Judge Dennis Shedd has been nomi- peals are the last resort, other than the lieve it would be. This is no reason why nated to the Fourth Circuit. He was Supreme Court. There are 30 vacancies, these nominees should be denied a unanimously confirmed by the Senate which is a 19-percent vacancy rate. Fil- hearing. Lloyd Cutler, who was President’s as a Federal district judge in 1990. He is ings in the 12 regional courts of appeals Clinton’s White House counsel, and strongly supported by both home State reached an all-time high last year. former Congressman Mickey Edwards Senators—one a Democrat and the They have increased 22 percent since recently wrote an op-ed in the Wash- other a Republican. In fact, he is past 1992, and I could quote from former ington Post. They said: chief counsel to the Senate Judiciary presidents of the American Bar Asso- Committee. He, too, has a great num- ciation and others who have expressed Delay in confirming judges means justice delayed for individuals and businesses, and ber of friends on both sides of the aisle. grave concern about the ability to do combined with the bitter nature of some con- He would be a great judge on the cir- justice when these kinds of vacancies firmation battles, it may deter many quali- cuit court. Why hasn’t he even received exist. fied candidates from seeking Federal judge- a hearing? Is there anything wrong I will read one quotation from one ships. with him? letter: That is the unfortunate additional Judge Terrence Boyle, also nomi- I urge you to heed President Bush’s call result of what is happening here. More nated to the Fourth Circuit, was unani- and not as Republicans and Democrats, but and more good candidates are going to mously confirmed to be a Federal dis- as Americans. It’s time for the Senate to act say: Why should I put myself and my for the good of our judicial system. trict judge in 1984. He has served all of family through all of this? And that is this time, and I haven’t seen anybody In the Sixth Circuit Court of Appeals, going to be a real shame. come forward with anything that half of the court is vacant. Of the 16 Historically, Presidents were able to would suggest he is not qualified. As a authorized judges, 8 stand vacant get their nominees, especially their matter of fact, the State Democratic today. At a time when there were only first nominees, confirmed. President Party chairman supports Judge Boyle’s four vacancies on that court, Chief Reagan, President Bush 1, and Presi- nomination. He says that he gives ev- Judge Merritt of that court wrote to dent Clinton all enjoyed a 100-percent eryone a fair trial. the Senate Judiciary Committee and confirmation rate on their first 11 cir- If the former chairman of the Demo- said this: cuit court nominees—100 percent. All cratic Party in the State can endorse a The court is hurting badly and will not be were confirmed within a year of their Republican President’s nominee to the able to keep up with its workload. Our court nomination. Remember, these eight we circuit court, that is a pretty good should not be treated in this fashion. The public’s business should not be treated this are talking about have not even had a thing. You would think partisan con- way. The litigants in the Federal courts hearing within a year. sideration could be laid aside. Why should not be treated this way. The situation The broader picture is no different. hasn’t this individual even received a in our court is rapidly deteriorating due to The history of the last three Presi- hearing? the fact that 25 percent of our judgeships are dents’ first 100 nominations shows that, It is not too much to ask that, after vacant. one, President Reagan got 97 of his 365 days, the first step in the confirma- Now it is 50 percent. The caseloads in first 100 judicial nominations con- tion process be taken. A year ago, Federal court can be expected to in- firmed in an average of 36 days; Presi- President Bush said: There are over 100 crease because of the war on terrorism dent George Herbert Walker Bush saw vacancies on the Federal courts caus- and in my area because of the extraor- 95 of his first 100 confirmed in an aver- ing backlogs, frustration, and delay of dinary amount of illegal contraband age of 78 days; and President Clinton justice. and illegal immigration coming across saw 97 of his first 100 confirmed in an Today, a year later, he is asking us the border. average of 93 days. But to date, this to begin the process of clearing up this It is sad that the Senate cannot bring Senate has confirmed only 52 of Presi- backlog. He has done his part. Chief itself to even hold hearings on people dent Bush’s first 100 nominees, and the Justice Rehnquist recently stated that who have now been sitting for a year average number of days to confirm has the present judicial vacancy crisis is since their nomination, individuals exploded to 150. ‘‘alarming,’’ and on behalf of the judi- who by any measure are extraor- It is not possible to say that nothing ciary, he implored the Senate to grant dinarily well qualified, are among the is happening, that nothing is different, prompt hearings and have up-or-down most qualified in the country. There is that this is no different than in pre- votes on these individuals. nothing wrong with them, and yet no vious administrations, that President I noted that the chairman of the Sen- hearing. Bush’s nominees are being treated the ate Judiciary Committee, Senator As of this date, the Senate has con- same as any others. It is just not true. LEAHY, in 1998, at a time when there firmed only 9 of the President’s 30 cir- The statistics belie that. were 50 vacancies, said that number of cuit court nominees. By contrast, Madam President, even if you do not vacancies represented a ‘‘judicial va- President Clinton had 42 percent of his want to talk about the statistics, I just S4132 CONGRESSIONAL RECORD — SENATE May 9, 2002 ask you to focus on what President world—grain traders, commodity trad- with all different perspectives and phi- Bush focused on today. He said: I nomi- ers, those who provide that transpor- losophies, says to me they have had nated 11 good people a year ago today, tation, those who finance the busi- this same experience in their own and only 3 of them have even had the nesses engaged in all of this. There are States with their own constituents, courtesy of a hearing. Would you a lot of winners in Minnesota, a lot of that they too have recognized that please go back to your colleagues and beneficiaries through jobs, through ex- these trade policies have very mixed implore them to treat these people panding businesses, through rising results in their States, and particu- fairly? He said: It is not for me; it is for stock portfolios, who say, hey, more larly those who are not the bene- the American people. He made that trade is better for us, who frankly can- ficiaries, who are going to be the cas- point a couple times. And it is for jus- not even imagine why I am torn on this ualties of expanded trade, the increased tice and for the American people. I also subject. imports which have been, I think, real- think that it is going to say something I find in the presentations and the ly tilting our trade policies out of bal- about the Senate. discussions about trade authority, ance in a way that is detrimental to The PRESIDING OFFICER. The time there is very seldom a recognition, this country. controlled by the minority in morning even an acknowledgment, of the thou- Last year, the trade imbalance, the business has expired. sands of men and women whose jobs, deficit in our trade, was $436 billion. Mr. KYL. Madam President, if we do whose farms, whose businesses, have We owed other nations $436 billion not move on these nominations, it is been lost. And lost is not even the more from their imports than we re- going to cause a significant decline in right word; they have really been ceived from our exports. In agriculture, the reputation of the Senate. taken away from them because of the well, there is still a positive trade bal- The PRESIDING OFFICER. The Sen- impact of these trade policies. ance, but that positive balance has ator from Minnesota. So recognizing that this legislation, been reduced. We have seen from f the so-called trade promotion author- NAFTA a flood of imports of food, of ity, is a high priority for the adminis- automobiles, of other manufactured IMPORTS OF FOREIGN LUMBER tration, that was passed by the House goods, and our trade imbalance with AND WOOD PRODUCTS of Representatives, that, as the Sen- Mexico has gone from being a slight Mr. DAYTON. I thank the Chair. ator from Oklahoma said earlier, the positive in 1993 to a negative balance in Madam President, I rise in morning tradition of the Senate has been to sup- the year 2000. Our trade balance with business to discuss an amendment port free trade in anticipation of the Canada has gone from being slightly in which Senator CRAIG from Idaho and I probability that final legislation will the negative to seriously in the nega- are going to offer when we resume con- pass the Senate if we get to that point, tive in those 7 years. sideration of the trade bill. I wish to I think this amendment is a crucial ad- Again, I have seen in Minnesota men take a few minutes in morning busi- dition to standing beside and with and women, farmers, workers, business ness now to talk about it. those men and women in my State any- owners, who have lost all of that, lost It is an amendment that I believe way, and I think elsewhere across the their hopes, lost their livelihoods, lost will complement the intent of TPA. country, who are being harmed by their homes, lost their pensions, lost Others may view it differently. It is these policies or who will be in the fu- their health care as a result of this. To one Senator CRAIG and I developed out ture. me, it would be unconscionable to hand of our shared experiences working with This amendment says if an agree- that over to an unelected representa- and representing members of our re- ment comes back that has been nego- tive of any President, any administra- spective States, Idaho and Minnesota, tiated by trade representatives, acting tion—previous administration, this ad- who have lost jobs, farms, and farm in- at the behest of the President but not ministration, a future administration— come because of trade policies. elected by the people of this country— and allow that situation to develop I first had the opportunity to work comes back with changes in the trade where that agreement would come with the Senator from Idaho when Min- remedy laws, which change—in most back and we would be told, take it or nesota loggers and small business own- cases weaken—these laws that have leave it, up or down; either make that ers running sawmills were being been passed by the Congress, signed decision that is going to benefit people harmed seriously—some put out of into law by the President of the United but disregard those who are going to be business, some losing their jobs—as the States, for the purpose of protecting most harmed. result of imports of foreign lumber and those who will be harmed by these I see the Senator from Nevada has re- wood products coming into this coun- trade agreements, by illegal dumping turned, hopefully with some illumina- try and to our State. I found that Sen- of products—it has certainly been dev- tion for us. We have taken this oppor- ator CRAIG had been working on these astating to northeastern Minnesota, to tunity to talk about the amendment. problems for years before I arrived. the steelworkers there and across this Mr. REID. If the Senator will yield, I actually took his lead. He spear- country—that before those laws and the majority leader is on his way. headed a group of us working on the their provisions can be altered or Mr. DAYTON. I will yield even more impact of sugar coming into this coun- weakened or negotiated away or used so when the majority leader arrives. try on sugar beet growers in Minnesota as bargaining chips to get some other I thank the Senator from Idaho for and Idaho. I know he is someone who purpose achieved, the Congress has the his work on this. I think he has heard has a deep and abiding commitment to authority—it is not required but it has more about it from other parties than do what is right for the citizens of his the option—to remove those sections of I have. State, as I hope I can demonstrate for the bill and put the rest of the agree- I yield the floor. The PRESIDING OFFICER. The Sen- the people of Minnesota. ment through the fast track, so-called, Madam President, you probably had ator from Idaho. the procedures that will have been en- Mr. CRAIG. Madam President, we are this experience in your State as well. acted into law, but to reserve the pre- in morning business, are we not? The trade policies of this country rogative to review these changes, these The PRESIDING OFFICER. That is which have been in effect over the last measures, that are going to affect the correct. couple of decades from one Republican kind of protection, the kind of safety Mr. CRAIG. I ask unanimous consent administration to a Democratic admin- net, the kind of assistance that Ameri- that I be allowed to speak for 15 min- istration and now to a Republican ad- cans think they can depend on, cannot utes. ministration have relatively consist- be taken away, cannot be altered, ex- The PRESIDING OFFICER. Without ently encouraged the expansion of cept by more careful consideration by objection, it is so ordered. trade, the expansion of exports upon the Senate and Congress. f which a lot of jobs in Minnesota depend The fact that we have 26 Members of and on which a lot of businesses in the Senate who are cosponsors and are TRADE MUST BE BALANCED AND Minnesota, large and small, have suc- in support of this legislation, 13 Repub- FAIR cessfully and profitably expanded mar- licans, 13 Democrats, men and women Mr. CRAIG. Madam President, I am kets across this country and the from all different parts of the country pleased my colleague from Minnesota, May 9, 2002 CONGRESSIONAL RECORD — SENATE S4133 Senator DAYTON, would speak to an trade laws including antidumping law, coun- then we support it. If they cannot, then amendment he and I have coauthored tervailing duty law. Section 201 and section a point of order rests against it. Why? that has gained some concern in a vari- 301 are critical elements in U.S. trade policy. Because we are the ones who craft pub- ety of quarters as to the impact it A wide range of agricultural and industrial lic policy. We will not deny or walk sectors have successfully employed these might have on a trade promotion au- statutes to address trade problems. Unfortu- away from our constitutional right to thority we might be able to pass out of nately, experience suggests that many other do so. At the same time, we are fully the Senate. I think the Senator from industries are likely to have occasion to rely willing to allow our negotiators to en- Minnesota has spoken very clearly and upon them in future years. Each of these gage all of the rest of the trading coun- articulately about the problems he and laws is fully consistent with U.S. obligations tries of the world to bring any trade I and all States face—the frustration under the World Trade Organization and agreement with any proposed changes we have with blending domestic mar- other trade agreements. Moreover, these in it because ultimately it is our job in kets and international markets. laws actually promote free trade by coun- the Senate under our constitutional tering practices that both distort trade and I certainly am a strong advocate of are condemned by international trading form of government to accept or deny trade. I always have been. At the same rules. U.S. trade law provides American that by ratification or by voting it time, I want it to be balanced and I workers and industries the guarantee that if down. want it to be fair. When there are dis- the United States pursues trade liberaliza- Mr. DAYTON. Will the Senator yield? advantages—and we have just seen one tion, it will also protect them against unfair Mr. CRAIG. I am happy to yield. that this administration has spoken to foreign trade practices and allow time for Mr. DAYTON. There have been cer- in an area that is of great concern to them to address serious import surges. They tain characterizations made about the Senator from Minnesota and my- are part of a political bargain struck with those who are advocates for this Congress and the American people under amendment. I ask the Senator if he be- self, and that is in timber, where Cana- which the United States has pursued market dians had a unique advantage and were opening agreements in the past. lieves these characterizations apply to himself: That those who support the dumping in our market, and we finally What does the Craig-Dayton/Dayton- amendment are against trade of almost spoke up, stepped up, put a duty on, Craig amendment do? It guarantees we any kind, that we are against the ad- and said back off, let us see if we can can speak to that if those kinds of re- ministration, we want to be obstruc- find an agreement. It is only with the laxations or changes in the laws come tionists to the administration’s trade use of the tool of trade remedy that we back to the Senate. And we can speak policies, and that we are xenophobic, are now able to get the Canadians to to it without dumping the entire trade against the rest of the world. Does the blink and to think about possibly com- agreement. Senator consider himself as fitting in ing to the table to craft a fair and equi- I don’t think we want to do that. any of those categories? I don’t con- table agreement. That is exactly what Ours is to promote an ever-expanding, sider myself to fit into those cat- our amendment would do. freer trading world market. At the egories. Some would suggest, at least by rhet- same time, we do not want to disadvan- Mr. CRAIG. I don’t know how anyone oric, it is a very damaging amendment tage our own economy, destroy our serving the Senate, which is for an ex- to trade promotion authority. What I own producers’ capability, damage the panding economy, for greater revenues, thought I would do is read a letter that workhorses of this country, all in pur- for workers and for producers—and of 62 Members of the Senate signed and suit of the idealism or the goal. course we will tax a little of that— sent to the President on May 7 of last We went on to say: year, when in fact our trade represent- would be against trade. Congress has made it clear its position on Clearly, the future of our economy is atives have been in Doha, Qatar, nego- this matter. In draft fast-track consideration tiating new trade agreements and the considered in 1997, both the House and Sen- trading in a world market. I have rest of the world said: You have to put ate have included strong provisions directing watched my State of Idaho grow from your remedies on the table, you have trade negotiators not to weaken U.S. trade an agrarian economy of agriculture, to negotiate them down or away or we laws. Congress has restated this position in timber and mining, to a very diverse are not going to deal with you. resolutions, letters, and through other mat- economy today of electronics, the high- What we are saying is bring it all to ters. Unfortunately, some of our trading tech industry, and food processing. Al- the table, talk about it. We believe partners, many of which maintain serious most half of everything an Idaho work- unfair trade practices, continue to seek to er produces has to sell on the world that as the legislative branch of Gov- weaken these laws. ernment that crafts public policy, we market to be profitable, to allow that Why? They want access to the larg- ought to have a right at some point to person his or her job and to continue est, richest consumer market in the be able to speak to it, instead of taking the success of that company. That is world. They don’t want us to force it all or take none of it, which is, of also true in Minnesota. It is also true them to be fair, for them to be bal- course, what happens under TPA or everywhere else in the country. anced, and for them to come in in a fast-track authority. What the Senator is saying and what Once a trade agreement is negotiated transparent negotiated environment. I am saying is, in the case of Canada and if the executive branch of govern- That is what we are asking. That is and softwood lumber—and they have a ment in some way has negotiated down what this amendment requires. distinct advantage and dump in our We went on to say: or altered trade remedy authority, and markets, putting our people out of the package comes to the floor, then This may simply be postponing by those work—we say, wait a minute, stop; bal- who oppose further market opening. But ance this field out a little bit and cre- the pressure of the world is upon the whatever the motive, the United States Senate. Take it all or take none of it. should no longer use its trade laws as bar- ate fair trade by that kind of balance. Those are the only two options. Of gaining chips in trade negotiations nor agree That is what our amendment allows—a course, the pressure is to take all of it to any provision that weakens or undermines balancing of the process. What is most because it is believed the advantages U.S. trade laws. important that our amendment allows gained by these trade agreements are Now, that is May 7, 2001; 62 Senators us, as policymakers, is a right to have so powerful to the American econ- signed, Republican and Democrat. a voice in that process. Not the take-it- omy—and in many instances they are— The amendment we bring to the or-leave-it strategy that doesn’t work that we cannot deny it. Ultimately floor, or hope we have the opportunity in the end. they pass, even though the administra- to bring to the floor, is supported equi- I wanted to vote for NAFTA. I voted tion, Democrat or Republican, may tably. We have 26 cosponsors, 13 Demo- against NAFTA. Why? Extraneous en- well have negotiated away some of our crats and 13 Republicans. vironmental, extraneous labor agree- authority and our ability under the What do we do? We simply create a ments that should not have been part law. point of order that says if the adminis- of a trade agreement. It had no choice. This is what we said to the President tration changes trade remedy laws, There was no flexibility. Take it or May 7: they, by the current proposal, must no- leave it. We are writing to state our strong opposi- tice us that they have done so, and in Instead of working to create a bal- tion to any international trade agreement so doing they have to come back and anced economic environment that that would weaken U.S. trade laws, key U.S. fully defend it. If they can convince us, would have allowed freer but fair and S4134 CONGRESSIONAL RECORD — SENATE May 9, 2002 balanced trade across the Mexican and we debate trade and people say: Well, I ing work in the hot mills and the cold Canadian border, we did not have that am for fair trade. I don’t know when mills; and families that now need our opening. That is an opening we ought trade gets fair. I just never know when help. to have. trade is going to get fair. I have been a America’s steel industry is in crisis. What I do not want to deny, and I Member of the U.S. Congress for 25 American steel companies are filing for think the Senator from Minnesota years and I have never seen a trade bankruptcy protection—31 since 1997, agrees, I don’t want to deny our nego- deal that came out fair yet. including 17 in the last year alone. tiators from going to the table and What are the consequences of that? Steel mills are shutting down. In the being able to negotiate any agreement. People losing their pensions, people last year, at least 40 mills and related They ought to have the full freedom losing their health care, and people los- facilities have been shut down or idled. and flexibility to put anything and ev- ing their jobs—this is unfair trade. The closed mills represent nearly one- erything on the table and to bring any- People have been injured by these prac- fifth of America’s steelmaking capac- thing and everything back to us. In the tices and I want to help them. ity. end, under our constitutional form of I heard the stories of my steel- Steelworkers are losing their jobs. government, we are the ones who have workers and the retirees. I have been Nearly 47,000 steelworkers have lost to make the decision. They are the to the rallies. I have been to the meet- their jobs since 1998, including about ones who negotiate. That is the kind of ings. I have been down to the union 30,000 in the last year alone. We now balance that I think is important. halls. I even held a hearing on this have less than half as many steel- The PRESIDING OFFICER. The Sen- topic. I heard their stories about their workers as we did in 1980. Most of these ator from Maryland. fear of losing their health care and jobs are gone for good. The cause of this crisis is well- f their pensions. I met, at my hearing, Gertrude known. Unfair foreign competition has STEEL TRADE POLICY Misterka. She is a woman my own age, brought American steel to its knees. Ms. MIKULSKI. Madam President, I from my own hometown of Baltimore, Foreign steel companies are subsidized am very concerned about some actions who is terrified she is going to lose her by their governments, and they dump that were taken yesterday. Guess what. health care. Her husband Charlie died 5 excess steel into America’s open mar- On May 8, the administration issued its years ago. He worked at Bethlehem ket at fire sale prices. statement of administration policy on Steel for 35 years. He was loved by his This isn’t rhetoric. This is fact. Last year, the International Trade the trade bill. I was looking forward to wife, a friend to his fellow steel- Commission unanimously found that that because I thought George Bush workers. He is greatly missed. ‘‘a substantial part of the industry is was a friend of the American steel in- The Misterkas thought that after 35 being injured by increased imports’’ dustry. I was absolutely shocked to years of working at Bethlehem Steel, under section 201 of the Trade Act. read that policy and find out the ad- they would have a secure future. Char- As Commerce Secretary Evans said ministration opposes the provision to lie thought his wife would be taken last June: provide a safety net for American steel care of even after his death. He was a retirees. I was shocked because just a For over 50 years, foreign governments good, kind guy. have distorted the market through subsidies few months ago, President Bush stood Let me tell you about her. She has of their steel industries. up for steel when he issued those tem- diabetes, high blood pressure, and asth- The Russian Government keeps porary steel tariffs, and I thought we ma. She pays $78 a month for her about 1,000 unprofitable steel plants could count on him now as we were health care premium. Even with this open through subsidies. South Korea working our way through the Trade coverage she pays $100 monthly for her has nearly doubled its production ca- Adjustment Act. prescriptions. pacity since 1990 without the domestic I was taken aback to hear the opposi- But let me tell you, because of being demand to support the increase. tion to the amendment that Senator a diabetic, because of having complica- Millions of tons of foreign steel are ROCKEFELLER and I have, that provides tions around diabetes, guess what her sold in the United States every year a very modest temporary bridge to help prescription drug bill is every year: below the cost of production to keep steel retirees keep their health benefits $6,716.16. You tell me what is going to these subsidized foreign mills in busi- until we can work out a larger com- happen to her if she loses her health in- ness. promise. surance. America’s steel industry is under This statement is terrible. It aban- Oh, yes, let’s give somebody a tax siege and has been under siege for dec- dons the steelworkers. It abandons credit or a voucher to go into the pri- ades. They’ve been fighting an uphill steel retirees. It is just plain wrong. We vate market. You tell me how Ger- battle against competitors that don’t do need steel and we do need steel- trude, at age 65, with diabetes and all play by the rules. workers. They are suffering at the the complications, is going to go shop- The true cost of foreign steel sold at hands of unfair trade competition, and ping. Medicare Choice has already col- ‘‘bargain’’ prices is lost American jobs, George Bush’s own administration lapsed. HMOs are not of any value to is broken promises to American work- helped us document that. That is what her. Nobody will take her because of ers, and threats to American security. is so breathtaking. her preexisting condition. Why is steel important? On one hand we have done it, and Listen, we have to do something to Steel built America, the railroads then on the other hand we said even help her and to help all others like her. and bridges that keep our country con- though steel companies are in bank- I promised that I would fight to help nected, the cars and trucks and buses ruptcy because of unfair trade prac- her keep her health care. Families who and trains that make our Nation move, tices, we will not help the steelworker worked hard for America and spent all the buildings where we live and work retirees keep their health benefits. those years at backbreaking work and shop and worship, and the ships, I am fighting for American steel, should be able to count on us. tanks and weapons that we need during those steelworkers and those retired These costs will only go up as pre- times of war. Yet saving steel is not an steelworkers who, after years of hard scription drug costs continue to sky- exercise in nostalgia. work, believed that by working down rocket. President Bush said: in the mills they would have security I listened to Mrs. Misterka that day, Steel is an important jobs issue, it is also for their families in retirement. Those and my heart went out to her and all an important national security issue. widows who sent their husband off to the women like her. I promised her I couldn’t agree more. the mills every day, like Bethlehem that I would fight to help current and The distinguished ranking member of Steel in my own hometown, with pride retired steelworkers and their fami- the Appropriations Committee and of and love and a lunch bucket thought lies—families that need a safety net so its Defense subcommittee, Senator that they could count on their pension they don’t lose their healthcare over- STEVENS, recently made this point elo- and their health care. night if their companies go under; fam- quently here on the Senate floor: These are the true victims of years of ilies who worked hard for America, During World War II, he said, ‘we produced unfair trade practices. Year after year, some for nearly 50 years of back-break- steel for the world. We produced the steel for May 9, 2002 CONGRESSIONAL RECORD — SENATE S4135 the allies. We rebuilt Europe. We built the in emergency appropriations for our stand up for steelworkers and help tanks in the United States, and the planes farmers, and it looks like these sub- them in their time of need just like and the ships that saved the world.’ Could we sidies are increasing. they helped America every step of the do it again? Congress passed a $100 billion farm way. That is a serious question. bill. The President said he will sign it. This is not the end of the story. I will Bethlehem Steel’s Sparrows Point It calls for a $73 billion increase in continue to fight for America’s steel plant near Baltimore recently pro- farm subsidies over the next 6 years. workers. duced the steel plate to repair the USS This farm bill includes a $3 billion Mr. DASCHLE. Mr. President, I Cole. It is the only mill in America subsidy for peanuts, up to $30,000 per thank the Senator from Maryland for that still produces the armor plate for farmer for livestock subsidies, and a $3 accommodating both Senator LOTT and Navy ships. billion subsidy for cotton. me as we talk about the current cir- America must never become depend- Since 1996, we have provided over $5 cumstances involving the pending leg- ent on foreign suppliers—like Russia billion for cotton producers—three- islation. and China—for the steel we need to de- quarters of those funds went to just Let me also say how much I share fend our nation and freedom around 18,000 farmers. I love cotton. It is the her point of view. Maybe I am not able the world. But we are headed in that fabric of our lives. But cotton is not to demonstrate the same passion as direction. Already, the United States is more important than steel. Senator MIKULSKI has indicated, the one of the few steel-producing coun- I have supported aid to farmers. So strength of feeling that she has about tries that is a net importer of steel. have most of the opponents of steel. I the issue involving her steelworker re- America imported more than 30 mil- would ask them why. Why do farmers tirees—but I certainly share her con- lion tons of steel last year. get bail-out after bail-out, yet our steel viction. President Bush took an important workers can’t get this modest help? f first step to help America’s steel indus- Farmers work hard, but no harder try by imposing broad temporary tar- than steelworkers. Farmers provide TRADE ADJUSTMENT ASSISTANCE iffs on imported steel. vital commodities. So do steelworkers. AGREEMENT I was disappointed that the tariffs Our Nation must never be dependent on Mr. DASCHLE. Mr. President, as we are 30 percent or less—phased out over foreign food, and it must never be de- have been noting throughout the last the 3 years they are in effect rather pendent on foreign steel. several hours, a number of our col- than 40 percent tariffs for 4 years the It is not just farmers. Congress gave leagues have been in discussion and ne- steel industry and steelworkers sought. the airlines $15 billion after September gotiation involving the trade adjust- I was disappointed that the tariffs 11 because of a national emergency. ment assistance part of the package don’t cover slab steel. But I appreciate That was the right thing to do. Now, that is pending before us. I am very the President’s action under section we need to stand up for steel. pleased to announce that an agreement 201. Make no mistake, this is a national has been reached. The agreement is one Tariffs are an important step to give emergency for steel. Standing up for that involved the administration, Re- America’s steel industry a chance to steel is in the national interest just publicans, and Democrats who have restructure and recover with some pro- like farmers, just like airlines. been involved in this issue for some tection from the deluge of below-cost I was moved by the stories of Mrs. time now. foreign steel, but they are not the only Misterka and others at the hearing a I might just briefly outline it. I will step needed to help American steel. few weeks ago as was everyone in the leave to the manager of the bill and the The tariffs help the industry. Now it hearing room. I feel very close to these ranking member to discuss the matter is time to help the workers and retirees workers and retirees. I grew up down in greater detail tomorrow morning. who will lose their healthcare if their the road from the Beth Steel mill in As I understand it, they intend to lay companies go under. Baltimore. My dad had a grocery store down the amendment tomorrow. It will The Daschle amendment provided a that he opened extra early so the steel- be, then, the pending business. temporary 1-year extension of health workers on the morning shift could I also encourage Senators to offer benefits to qualified steel retirees. come in and buy their lunch. The work- amendments tomorrow and Monday. The health care extensions for steel ers at Beth Steel weren’t units of pro- Senator LOTT and I have discussed the retirees are similar to TAA health care duction, they were our neighbors. They schedule. I am prepared to say as a re- benefits for workers who lose their jobs are our neighbors. sult of this agreement that there will as a result of trade agreements. Work- And what did we know about the be no votes tomorrow, but I encourage ers could have 2 years of health care Bethlehem Steel Plant? It was a union Senators to avail themselves of the op- benefits. Retirees would only have 1 job with good wages and good benefits portunity they now have, tonight or to- year of benefits. so our neighbors could go to work, put morrow or Monday, to offer amend- Just like the temporary tariffs give in an honest day, and get fair pay back ments. the companies breathing room to re- to raise their families and pursue the We will consider votes for those cover, a temporary extension of bene- American dream. amendments on Monday night. We fits give workers and retirees breathing We were all proud of our workers at have already announced there will be a room to find a long-term plan. It gives Bethlehem Steel. In World War II and vote on a judge at 6 o’clock on Monday. them time to plan—time that the Vietnam they rolled gun barrels, made We can accommodate additional votes workers and retirees of LTV didn’t steel for grenades, provided steel for immediately following that vote, have. They lost their benefits over- the shipyards that turned out Liberty should amendments be offered and night. ships very 3 weeks. Today, Beth Steel should we be in a position, then, to dis- Supporting producers is in the na- made the steel plates to repair the USS pose of them by Monday afternoon. tional interest. The policy of our Gov- Cole after the terrorist bombing dam- But the agreement has a number of ernment is to support producers when aged the ship. components. The trade adjustment as- it is in the national interest. National Most of Beth Steel workers are Beth sistance for more workers—that will interest means national responsibility. Steel workers for their entire careers— provide at least 65,500 new workers It is important to support farmers to 30, 40, 50 years on the job, every day de- with trade adjustment assistance, ac- make sure we have the producers to be spite the aches and pains, the bad back, cording to the reports that I have just food-independent. the varicose veins that age steel- been given, unprecedented health care I am happy to stand up for our farm- workers beyond their years. Their com- coverage for harmed workers, a 70-per- ers whether they are chicken producers mitment to Beth Steel is a commit- cent COBRA subsidy for tax credit for on the Eastern Shore or corn growers ment to America doing the work that employers and other institutions, and in the Midwest. needs to get done for fair pay and a se- benefits that match the 2-year training We spend about $19 billion a year on cure future. The futures that once period. Workers would receive income farmers—$656 billion over the past 10 looked secure are now at risk through assistance for at least 18 months while years. This does not include $17 billion no fault of their own. It is time we they were retraining for up to 2 years. S4136 CONGRESSIONAL RECORD — SENATE May 9, 2002 Then there also would be wage insur- Senator DASCHLE said. But I believe But part of the conversation was that a ance for older workers as well. the negotiators are prepared to defend steel retiree amendment would be in There are a number of components. I the agreement and oppose amendments order. I believe we will have the sup- will not speak at length about the spe- that would change that. port and votes. Senator ROCKEFELLER cifics of the package until the agree- I want to state very firmly that it and I intend to offer an amendment at ment is ready to be presented tomor- would be my intent to do the same an appropriate time. row morning. But I hope the final for- thing. If we don’t do that, we begin to I also support the majority leader mulation of the language to accommo- pick apart the agreement, and then when he said he would not ask for a date this agreement can be prepared so there is no agreement. rollcall vote on the point of order. that the amendment will be provided But I believe good work has been As of yesterday, I wanted a rollcall for all colleagues tomorrow, will be of- done. All parties have made some con- vote, to drag it out, and raise the roof. fered, and will be part of the pending cessions. I think, though, that it is But then it would be parliamentary business as we consider amendments to going to have significant assistance for tactics. this, and other amendments. those who need this transition assist- I think this topic is so serious that Senator LOTT and I have agreed that ance, and this will set a process up that for the good of the Nation, and for the there would be an understanding that can get us a bill. way I feel about my steelworkers and as this package is agreed to as it re- I hope Senator DASCHLE will join me those who have been hurt, I don’t want lates to those issues involving TAA, we in opposing amendments that could un- to engage in a time-consuming and dil- would entertain it. dermine the agreement which we have. atory practice. There is also an understanding that Further, I observe that I am glad we I will not ask for a rollcall vote now an amendment that would allow for will be having votes on Monday. I that we have an assurance that we will consideration of assistance for retired think we are going to have to do seri- be able to offer our amendment. I steelworkers for health purposes would ous work. I understand Senators have thank the leader for his advocacy on be entertained. And we will have that amendments on both sides that will be that. debate, and an amendment will be of- offered. But we do need to try to finish I wanted to be clear that I will not fered. A point of order, of course, will the bill next week. I think we are going ask for a rollcall on the point of order, be made against my language. And we to have to look at how we are guaran- so that we can get to the compromise understand that. Once that point of teed that is done while Senators have a and get to the amendments, and maybe order has been made, this compromise chance to make their case. That is a get to really helping those people who package will be offered. delicate balance, as is everything in have been injured by trade. I am appreciative of the work that the Senate. It always takes under- I have other comments I want to has gone into reaching this agreement. standing and cooperation, and we are make about steel. I think I will save I am disappointed, obviously, that we going to do that. those for my statement later on about couldn’t do more. But I am also appre- Senator DASCHLE and I both are why they are in this crisis, why this is ciative of the fact that we have to going to have to provide leadership a national security issue, and why it is move on and that Senators who wish to with which our entire caucuses won’t an economic security issue. offer other legislation are entitled to always agree. But that is how business I think we are going to have a frame- do so. is done. I think we have done the right work for proceeding on an amendment. I thank all of my colleagues for the thing here. I intend to support this Senator ROCKEFELLER and I will be effort that has been made. I hope this agreement and work on getting this able to offer that, if not tomorrow, will now accelerate our prospects for very important legislation completed. over the next coming days. completing this bill and allowing us to I yield the floor. I yield the floor. address the deadline that exists for the Mr. DASCHLE. Mr. President, I wish Mr. LOTT. Mr. President, I don’t Andean Trade Preference Act espe- to make one clarification which Sen- want to dice and slice there too close- cially. ator LOTT and I have already made. I I yield. said this privately, but I want to say ly, but I want to clarify that the nego- Mr. LOTT. Mr. President, just a cou- for the record that I will oppose an tiators and I believe Senator DASCHLE ple of clarifications, and a statement of amendment to improve this package or and I are prepared to support the com- what I believe our understanding is: to detract from this package on trade ponents of this compromise agreement First of all, I believe—we talked adjustment assistance. even though not all of it was in the about this earlier—there still needs to Obviously, we are open to consider TAA area. Obviously, other amend- be a point of order made against the amendments on other matters relating ments may be offered on trade pro- package that was filed, and there to the bill. But on this particular pack- motion assistance, and we will have an would be enough votes to sustain that age, the one additional part of the opportunity to offer those. But we will point of order. agreement that I stated—and I want to defend the components of the com- Mr. DASCHLE. Mr. President, in re- reiterate again—is there is an under- promise. sponse to the Republican leader, it standing that Senators would be free to Mr. DASCHLE. Mr. President, that is would not be my desire to challenge offer amendments having to do with true. I said a moment ago that it is my the point of order. steelworkers. I intend to support that intention to oppose amendments—with Mr. LOTT. When the point of order is amendment. I have indicated that to the clarification I made on the steel made, at that point we will move for- Senator LOTT. But that is outside of issue—that would alter this agreement ward with the agreement we have in re- this agreement. That was part of the with all of its components. I think Sen- gard to TAA. Amendments would be in understanding we had as this negotia- ator LOTT and I are in agreement on order on the rest of the underlying tion was completed. that. That is the intention of leader- package, TPA, trade promotion author- I wanted to make that clarification. ship as amendments are offered. ity, and the Andean Trade Preference I will say for the record what I said Mr. President, I yield the floor and Act. Is that the Senator’s under- privately to Senator LOTT. That suggest the absence of a quorum. standing? amendment will be part of the overall The PRESIDING OFFICER. The Mr. DASCHLE. Mr. President, the debate on the bill, and I do intend to clerk will call the roll. Senator is correct. support it. The assistant legislative clerk pro- Mr. LOTT. We have had an oppor- I yield to the Senator from Mary- ceeded to call the roll. tunity to quickly review the compo- land. Mr. DASCHLE. Mr. President, I ask nents of this compromise agreement. It Ms. MIKULSKI. Mr. President, I unanimous consent the order for the has been a bipartisan effort. The ad- think the majority leader stated or quorum call be rescinded. ministration has had input. I believe clarified what my questions were. The PRESIDING OFFICER. Without all parties are agreed to support it. As I understand it, there is a com- objection, it is so ordered. There could still be amendments that promise but the compromise does not Mr. LOTT. Mr. President, what is the would be offered, or entertained, as include a bridge to help steel retirees. pending business? May 9, 2002 CONGRESSIONAL RECORD — SENATE S4137 CONCLUSION OF MORNING Projecting the costs of this farm bill, 84,000 guns were diverted to the illegal BUSINESS it may be necessary to invade the So- market and were often later used by The PRESIDING OFFICER. Morning cial Security trust fund, probably criminals to commit violent crimes. In business is closed. abandon plans for adequate prescrip- addition this report showed that inves- tion drugs for senior citizens and en- tigations involving gun shows and cor- f croach on necessary appropriations for rupt gun dealers involved the highest ANDEAN TRADE PREFERENCE many priority items, including defense, numbers of trafficked guns. However, EXPANSION ACT—Continued education and health care. When I some good news did come out of this Mr. LOTT. Now, Mr. President, the chaired the Appropriations Sub- report. At the time of its publication, pending business will be the trade bill? committee for Labor, Health & Human the report concluded that ATF gun The PRESIDING OFFICER. The Sen- Services and Education, and now in my trafficking investigations led to the ator is correct. The pending business is capacity as ranking member, I have prosecutions of more than 1,700 defend- the trade bill. seen the great need for funding for the ants. Of these cases, 812 defendants National Institutes of Health and other were sentenced in federal court to a AMENDMENT NO. 3386 health programs as well as education total of 7,420 years in prison, with an Mr. LOTT. Mr. President, the and worker safety. Without enumer- average sentence of nine years. Daschle amendment No. 3386 exceeds ating many other programs, there are Gun trafficking has also been a prob- the Finance Committee’s allocation of obviously high priorities which will be lem in my home state of Michigan. Ac- budget authority and outlays for fiscal impacted by the costs of this Farm cording to Americans for Gun Safety’s year 2002 and breaches the revenue Bill. analysis of ATF Trace Data from 1996— floor for fiscal year 2002, fiscal years I am especially concerned about pay- 1999, over 40 percent of the guns traced 2002 through 2006, and fiscal years 2002 ments to large corporate farmers. The to crimes committed in Michigan in through 2011. I raise points of order distinguished ranking member of the 1998 and 1999 originated in other states, against this amendment under sections Agriculture Committee, Senator a much higher rate than the national 302(f) and 311(a)(2)(b) of the Congres- LUGAR, has stated that more than $100 average. The largest number of out of sional Budget Act of 1974. billion will go to farm subsidy pay- state suppliers of guns to Michigan The PRESIDING OFFICER. The ments over the next 10 years, with two- during the same period were from Ohio, point of order is well taken, and the thirds of payments going to just 10 per- Kentucky, Georgia and Alabama. amendment falls. cent of the largest farmers who grow The ATF’s report and these statistics Mr. DASCHLE. Mr. President, I sug- primarily corn, soybean, wheat, rice demonstrate that criminals are not gest the absence of a quorum. and cotton. This policy will likely en- only gaining access to guns, but are The PRESIDING OFFICER. The courage further market concentration. able to smuggle them into the hands of clerk will call the roll. This bill encourages over-production other criminals who use them to com- The assistant legislative clerk pro- with the resultant consequence of yet mit violent crimes. This kind of activ- ceeded to call the roll. lower prices leading to more subsidies. ity can be stopped by vigorously en- Mr. REID. Mr. President, I ask unan- This Bill will further have an adverse forcing our gun laws, providing law en- imous consent the order for the impact on international trade by pro- forcement with more tools to crack quorum call be rescinded. viding expanded and unpredictable lev- down on gun trafficking, corrupt gun The PRESIDING OFFICER. Without els of support, which increase the like- dealers and other armed criminals, and objection, it is so ordered. lihood that the United States might by passing sensible gun safety legisla- f breech the farm subsidy limitations it tion. MORNING BUSINESS agreed to in the 1994 world trade agree- f ments. Further, the bill’s expanded FARM SECURITY AND RURAL Mr. REID. Mr. President, I ask unan- supports have caused our trading part- INVESTMENT ACT OF 2002 imous consent that the Senate now ners to question our sincerity on future proceed to a period of morning business reductions in farm spending. Ms. SNOWE. Mr. President, I rise with Senators allowed to speak therein There are some portions of the bill today in support of the Farm Security for a period not to exceed 10 minutes which I favor, such as the new national and Rural Development Act of 2002. each. dairy program, expanded Food Stamp While previous farm bills have provided The PRESIDING OFFICER. Without Program, including providing food very little for the State of Maine and objection, it is so ordered. stamps to legal immigrants, and the the New England region, I am pleased f many positive environmental and con- that the conference report before us, servation measures that are very effec- while by no means perfect, provides for FARM BILL tive in Pennsylvania. I am pleased to a more equitable treatment for the Mr. SPECTER. Mr. President, once see the new national dairy program, farmers in Maine and the Northeast. I again, the principal reason I have but it falls short of the proper legisla- have been in touch with the farmers sought recognition has been to com- tion which is embodied in my bill, S. and growers in Maine throughout the ment on my ‘‘no’’ vote on the farm bill, 1157, which would create permanent development of the 2002 Farm bill, and which was passed yesterday. Even dairy compacts in the Northeast, as they, like I, believe the Northeast has though there are some parts of the well as the South, Northwest and Inter- been shortchanged in past Farm bills. farm bill which I liked, I have, on bal- Mountain regions. While the dairy pro- The State groups, such as the Maine ance, decided to vote ‘‘No’’ because of visions will be of help, Congress is Potato Board, the Maine Wild Blue- the excessive cost which favors big cor- missing an opportunity to create a berry Commission, the Maine Farm Bu- porate farmers and provides unreason- long-term dairy policy through the reau, the Maine Apple Growers, the able subsidies to cotton, soybean, compacts which would have no cost to Northeast Dairy Coalition, the Direc- wheat, rice and corn. the taxpayers. tors of the State’s Farm Service Agen- When I voted for the farm bill in the f cy and Maine Rural Development, and Senate, the cost was $73.5 billion over the State Conservationist at the Na- current spending for farm programs. GUN TRAFFICKING IN AMERICA tional Resource Conservation Service, However, the conference report came in Mr. LEVIN. Mr. President, I have believe that this conference report at $82.8 billion for a total of approxi- spoken previously about the problem of starts us down a path toward regional mately $190 billion total over 10 years gun trafficking. In June of 2000, the Bu- equity from which I would hope we will which is, simply stated, far too expen- reau of Alcohol, Tobacco and Firearms not stray in the future development of sive. The United States no longer en- released ‘‘Following the Gun: Enforc- farm policies. joys a projected surplus of $5.6 trillion ing Federal Laws Against Firearms In addition, on May 6, Commissioner over the next 10 years. In fact, there is Traffickers.’’ This report examined Robert Spear of the Maine Department a deficit of $130 billion expected by the 1,500 ATF gun trafficking investiga- of Agriculture wrote me similar end of this fiscal year. tions documenting that more than thoughts, stating that, ‘‘I believe it is S4138 CONGRESSIONAL RECORD — SENATE May 9, 2002 a good improvement over the so-called worked with, such as Environmental to assist small communities in Maine Freedom to Farm. The bill strengthens Defense and the Environmental Work- with homeland security issues, to sup- the safety net for all farmers, it more ing Group, I am disappointed that the port the rural business investment pro- equitably distributes Federal farm dol- conferees did not keep the Senate’s gram, and $80 million for loan guaran- lars and it provides strong incentives higher funding numbers for funding to tees to provide local TV signals to to improve stewardship’’. I would like farmers to promote conservation in rural areas. to submit Commissioner Spears’ entire each of our States. But, I am pleased In regard to the Rural Empowerment letter for the RECORD. that there is still an 80-percent in- Zones, Rural Enterprise Communities, First and foremost, this past year, I crease overall for conservation funding and Champion Communities for Direct made a pledge to the dairy farmers of in this conference report. and Guaranteed Loans for Essential Maine that I was committed to see The funds going to Maine will at the Community facilities, the city of that the safety net they had through very least be quadrupled, estimated to Lewiston, ME, will now be eligible to the now expired Northeast Interstate be close to $23 million by 2005. This is take advantage of the benefits of Com- Dairy Compact would not be pulled out very important funding for a State munity Facility Direct and Guaranteed from under them. This has been my top that is facing pressures from the envi- Loan Programs. Lewiston was one of priority for maintaining a way of life ronmental impacts of growth and only two communities nationwide spe- in our rural communities, and I am sprawl and pressures to preserve open cifically named in the Farm Bill Con- pleased that the Farm bill provides for spaces, and also the need to conserve ference Report. a dairy program modeled on our Dairy our water resources, in some cases to For agricultural research, the con- Compact. restore the habitats of the now endan- ference report expands the Initiative I have stated numerous times on this gered Atlantic salmon in eight for Future Agriculture and Foods Sys- floor that I would have much preferred Downeast rivers, a few which flow tems, important to the University of that the Northeast Interstate Dairy through the heart of our Maine Wild Maine as a real new source of research Compact be reauthorized along with Blueberry fields where water is impor- and development funding. The Univer- the inclusion of those Northeast States tant to both. sity has competed successfully for that surround New England that want The conference report also provides these grants in the past and currently to join the compact to ensure that peo- $1.03 billion in mandatory funding for has a $2 million IFAFS grant for look- ple in the region can get fresh, low- rural development programs. Under the ing at small integrated farm systems, priced fluid milk in their grocery Rural Development Community Water along with being cooperators of several stores. In contrast to the provisions Assistance Grant Program, for in- other IFAFS grants around the coun- contained in the conference report, the stance, Maine will receive $3 million of try. beauty of the Northeast Dairy Compact the $30 million in mandatory funding For the promotion of Maine value- was that it required no Federal fund- through 2011 to address drought condi- added agricultural products around the ing. tions by making rural areas and small world, the Market Access Program will Under the conference report, dairy communities eligible for grant funding be increased to $200 million annually farmers will get monthly payments where there is a significant decline in by 2006, which is up from the current over the next 31⁄2 years when the price quantity and quality of water. funding of $90 million. The MAP has of fluid milk drops, not yearly as other This funding is particularly critical been invaluable in helping to advertise commodity programs, but monthly when considering that, like many the quality of our Maine potatoes and checks that come only when prices are States on the East Coast, Maine has wild blueberries, helping growers to low, and at the very time the producers been experiencing an extended period market their products abroad. Another need a better cash flow to keep the of drought, so the funding that helps $20 million is provided to help growers farm and their dairy herds going, as residents deal with drought conditions of fruits and vegetables and other spe- the Northeast Dairy Compact provided. is of great importance. There are, ac- cialty crops combat trade barriers. In I am very pleased that the dairy cording to the Maine Emergency Man- addition, $200 million is provided to funding provided is retroactive to De- agement Agency, 1,700 wells that have purchase agriculture products for the cember 1, 2001, as it corresponds with now gone dry in the State. Total pre- School Lunch Program, and products the time when milk prices started to cipitation for 2001 was the driest in 108 listed as eligible for the program are drop in New England and continue to years of precipitation monitoring in potatoes, blueberries, and cranberries, remain low. The dairy farmers in my the State. Precipitation has actually all grown in the State. State will be able to count on approxi- been below average for 22 of the last 24 Funding for 15 underserved States, of mately $3.2 million in added income months, and while we have been helped which Maine is one, is doubled, now set from last December through this com- somewhat by recent snow and rain, at $20 million annually for fiscal years ing July, when it is predicted that NOAA’s National Weather Service cli- 2003–2007 for marketing assistance, or- prices may start to climb. These pay- mate forecasters see limited relief from ganic farming, pesticide reduction ments may literally save some of our the drought in the months to come. projects, and conservation assistance small family farms as the Northeast Also, the Rural Water and Waste Fa- to help farmers sustain their working Compact has done in past years, and I cility Grants will provide Maine with lands. urge the USDA to get these retroactive up to $90 million over 10 years of addi- Somewhat overlooked in the con- payments out to the dairy farmers just tional resources to assist small rural ference report is a newly created title as soon as possible. communities with their drinking water that was included in the Senate-passed In the future, when the price of fresh and wastewater needs. Reauthorization bill for energy efficiency and conserva- fluid milk drops below $16.94 per hun- of Rural Development Programs tion, providing $450 million for re- dredweight, our dairy farmers will re- through 2011 will provide Maine with at search on bio-based fuels, a Federal ceive 45 percent of the difference of least $1.5 million over 10 years for re- biofuels purchasing program and effi- that price and the current price of the gional planning activities and tech- ciency measures that can make renew- fluid milk. This will apply to the first nical assistance to small businesses. able energy the cash crop for the 21st 2.4 million pounds of production of Grants to non-profit organizations Century. fluid milk or for a dairy herd of around will be provided to finance the con- To help decrease the country’s reli- 135–140 cows, a small family farm that struction, refurbishing, and servicing ance on foreign oil imports, a competi- has forged a way of life in New England of individually-owned household water tive grant program will support devel- for three and four generations. well systems in rural areas for low or opment of biorefineries for conversion Not only has the dairy safety net moderate income individuals by pro- of biomass into fuels, chemicals and been an important provision for me, viding resources to community based electricity. A biodiesel fuel education but a substantial increase in funding organizations to help families with se- program will be funded at $1 million a for voluntary agriculture conservation vere drinking water problems. year. The conference report will also programs has been a priority as well. There are provisions to train rural establish a competitive grants program Like the environmental groups I have firefighters and emergency personnel for energy audits and renewable energy May 9, 2002 CONGRESSIONAL RECORD — SENATE S4139 development assessments for farmers the Senate farm bill that capped farm- a benefit to the Maine potato industry and and rural small businesses. ers’ payment limitations on com- Maine agriculture. To remain competitive in In addition, $23 million a year from modity crops at $275,000 over the House a world market place, we must continue to 2003 to 2007 is provided for a loan, loan- version that had payments capped at develop products that meet the consumer’s guarantee and grant program to help demands. The Value-Added Agriculture Mar- $550,000, and I am not pleased that the ket Development Program will do just that. farmers, ranchers and rural small busi- limitation was raised in conference to It will allow Maine producers access to funds nesses purchase renewable energy sys- $360,000 and the language was weakened to develop value-added agriculture products tems and make energy efficiency im- on eligibility. I do not represent a to meet these demands. provements. Also authorized is the con- State that raises an appreciable Again, I hope you will support the bill; it tinuation of the Commodity Credit amount of commodity crops, so I can- will have a positive impact on Maine agri- Corporation bioenergy program and in- not speak to the funding importance culture. If you should have any questions or cludes animal byproducts and fat, oils if I can provide any additional information, for those in the heartland of the Nation please contact me at 207–769–5061. and greases as eligible commodities. and in the South, but I do know what A competitive grant program is es- Sincerely, is important for my State and every- DONALD E. FLANNERY, tablished to support development of where I look in this Farm Bill Con- Executive Director. biorefineries for conversion of biomass ference Report in the non-commodity into fuels, chemicals and electricity. A titles, I see funding provisions that will DEPARTMENT OF AGRICULTURE, biodiesel fuel education program would bring opportunities to every corner of FOOD & RURAL RESOURCES, be funded at $1 million a year. the State of Maine. Augusta, ME, May 6, 2002. Of great interest to many small for- Specifically, I ask unanimous con- Senator OLYMPIA J. SNOWE, est landowners in Maine is a provision Russell Senate Office Building, sent that a letter of support from the Washington, DC. in the conference report’s forestry title Maine Potato Board be printed in the for $100 million in obligated funds for DEAR OLYMPIA: I want to thank you for the RECORD, that expresses my feelings time and effort you and your staff spend en- the Forest Lands Enhancement Pro- well about how important the in- suring the Federal programs and laws work gram, which will provide financial and creased funding for conservation, rural for Maine farmers. This has been especially technical assistance to small, private, development, and the Market Access true over the past year as Congress worked non-industrial forest landowners for a Program are to Maine. Part of what on the Farm Bill. variety of good management practices. The Farm Security and Rural Investment The conference report also includes Don Flannery, executive director said Act of 2002 has some flaws, primarily the critical increases and updates to the was ‘‘ . . there are concerns that we all lack of payment caps and the bias toward nutritional safety net for America’s have with the bill but we also believe growers in the south. However the legisla- families. The food stamp program ful- there are many direct benefits to tion provides many benefits to Maine agri- culture. fills an important need for millions of Maine potato growers and Maine agri- culture.’’ Whatever disappointment Maine dairy people nationwide and, thanks to the farmers may have over losing the Compact $6.3 billion in new dollars over the next On balance, I would be remiss to the agricultural and conservation commu- has to be tempered by the provisions estab- 10 years for this program that is in- lishing the National Dairy Program. Farm- cluded in the conference report, count- nities in Maine to dismiss this bill or ers receive a monthly payment of 45 percent less additional needy families in Maine to dismiss President Bush’s commit- of the difference whenever the Class 1 price will be served by this program. ment to U.S. agriculture to sign the falls below $16.94. It is retroactive to Decem- I am certain that I am not alone 2002 farm bill into law. I am casting a ber 2001. Our calculations show the retro- when I hear complaints from my State yes vote for the rural communities and active clause alone will provide our farmers for the farmers of Maine who are the payments totaling about $3 million. about the administrative difficulties The bill spends $15 million annually on the and barriers inherent in Federal pro- backbone of the State’s economy. There being no objection, the letters Senior Farmers’ Market Nutrition Program. grams, and the food stamp program is Implemented in Maine through our Senior certainly one that has been in need of was ordered to be printed in the FarmShare it has proven wildly successful simplification. The conference report RECORD, as follows: with both farmers and seniors. This year, allows States to simplify and reduce MAINE POTATO BOARD, with funds from a combination of sources, their reporting requirements, and al- Presque Isle, ME, May 8, 2002. including U.S. Department of Agriculture, lows States to use a common definition Hon. OLYMPIA J. SNOWE, we are providing nearly $1 million worth of Russell Senate Office Building, locally grown fresh fruit and vegetables to of what counts as income similar to Washington, DC. low-income elderly in Maine. other public assistance programs, and DEAR SENATOR SNOWE: I would like to take Another program with direct benefits to are two essential components for the opportunity to express our support for Maine is one I know you have worked on in streamlining the administrative bur- the Farm Security Act of 2002 ‘‘Farm Bill’’. the past, financial assistance for apple pro- den associated with these benefits. While we understand that there are issues ducers who have suffered from low market Through the last farm bill estab- that remain contentious and it does not in- prices. The bill provides $94 million for losses lished in 1996, which is better known as clude some of the programs we had hoped in the 2000 crop year. the Freedom to Farm Act, Congress for, the Farms Savings Account to name one, The $17.1 billion in conservation funds con- tried to establish a new system of price we encourage support of the bill and vote for tained in the bill represents a dramatically passage. increased commitment to the environment. and income supports for commodities As I stated, there are concerns that we all Among the highlights for Maine are $985 that would lead to a shift toward a have with the bill, but we also believe there million for the Farmland Protection Pro- more market-oriented agricultural pol- are many direct benefits to Maine potato gram, a 20-fold increase. Maine leverages icy by gradually reducing financial growers and Maine agriculture. If we are to state money with funds from this Federal support. Unfortunately, we had no develop new markets for potatoes and pota- pot through the Land for Maine’s Future crystal ball to tell us that export mar- toes products, export markets will need to be Program to preserve open space and keep kets and farm prices would decline. a major area of development. The increased families on working farms. The bill sets aside $50 million, to continue This precipitous situation had Con- funding in the Market Access Program is a step in the right direction and potentially conservation and risk management programs gress enacting four different supple- will benefit the potato industry in Maine. authorized in the Agricultural Risk Protec- mental measures from 1998 through Another element of the bill that will help de- tion Act of 2000. These programs have al- 2001 that provided an additional $23 bil- velop export markets is the Technical As- ready provided money to farmers in Maine lion in non-disaster related farm in- sistance for Specialty Crops (TASC). for irrigation projects and organic certifi- come commodity assistance. We simply Conservation is an area that is of the cation. Maine is one of the 15 underserved are not being fiscally responsible by greatest concern for all of agriculture, and states eligible for these funds. continuing to do commodity farm bills this bill will provide an increase in funding For Maine farmers raising specialty crops, on an ad hoc basis, and the conference to help producers in Maine continue to im- almost all the growers in the state, the bill plement sound conservation practices. The has a couple of benefits. It substantially in- report will hopefully prevent the need Water Conservation Program will aid agri- creases funding for the Market Access Pro- for ad hoc non-disaster supplementals culture in dealing with an ever increasing gram, which subsidizes efforts to increase in the future. demand for water to produce quality crops. non-branded export promotion. The bill also For the 2002 farm bill, I strongly sup- The Rural Development Title includes continues the restrictions on planting fruits ported the amendment that passed in funding under existing programs that will be and vegetables on program acres, a critical S4140 CONGRESSIONAL RECORD — SENATE May 9, 2002 restriction for our potato farmers. They face The Bush administration has devoted and a list of impediments to the effi- unfair competition from Canadian growers; considerable time and effort to in- cient and effective implementation of they don’t need it from western growers who crease cooperation between the United these programs. also raise program crops. I could continue. The list I have provided States and Russia on these matters, as Second, this bill addresses the short- you are just the highlights of the reasons I exemplified by U.S.-Russia cooperation comings in the Russian system in ac- support the Farm Bill. I believe it is a good in the war against terrorism, the Bush- counting for nuclear warheads and improvement over the so-called Freedom to Putin summit in November 2001, and weapons-grade material: The NTTRA Farm. The bill strengthens the safety net for the May 2002 U.S.-Russia summit in states that it is the policy of the all farmers, it more equitably distributes Russia. Also, late last year, the admin- United States to establish with Russia federal farm dollars and it provides strong istration completed a thorough review comprehensive inventories and data ex- incentives to improve stewardship. Thank you and I look forward to continue of U.S. efforts to help Russia secure its changes of Russian and U.S. weapons- working with you on issues of importance to nuclear and other WMD arsenal. The grade material and assembled warheads Maine farmers. review concluded that, ‘‘most U.S. pro- with particular attention to tactical, Sincerely, grams to assist Russia in threat reduc- or ‘‘non-strategic,’’ warheads—one of ROBERT W. SPEAR, tion and nonproliferation work well, the most likely weapons a terrorist or- Commissioner. are focused on priority tasks, and are ganization or state would attempt to f well managed.’’ At the time, the White acquire—and weapons which have been NUCLEAR AND TERRORISM House also noted: ‘‘The President has removed from deployment. Only THREAT REDUCTION ACT OF 2002 made clear repeatedly that his admin- through such an accounting system istration is committed to strong, effec- will we be able to reliably say that Mr. SMITH of Oregon. Mr. President, tive cooperation with Russia and the Russian warheads and materials are I am pleased to introduce this week, other states of the Former Soviet sufficiently secure. with Senator MARY LANDRIEU, the Nu- Union to reduce weapons of mass de- Third, the NTTRA calls for the estab- clear and Terrorism Threat Reduction struction and prevent their prolifera- lishment of a joint U.S.-Russia Com- Act of 2002 NTTRA. The NTTRA ad- tion.’’ The President wisely realizes mission on the Transition from Mutu- dresses one of the most serious secu- that only through greater cooperation ally Assured Destruction to Mutually rity challenges facing the United Assured Security. The U.S. side of the States today: the possibility that a with Russia can we deal effectively Commission would be composed of pri- portion of the Russian nuclear weapons with this problem. The NTTRA sup- arsenal and other weapons of mass de- ports the President’s desire to vate citizens who are experts in the struction (WMD) will fall into the strengthen U.S.-Russia cooperative ef- field of U.S.-Russia strategic stability. hands of terrorists or terrorist states. forts. The NTTRA also calls upon the Presi- Over a decade after the end of the Senator LANDRIEU and I are carrying dent to make every effort to encourage cold war, Russian still possesses about on the tradition of Senators like Sam the Russian Government to establish a 95 percent of the world’s nuclear weap- Nunn and RICHARD LUGAR, who along complementary Commission that ons and materials outside of the United with other of our colleagues were re- would jointly meet and discuss how to States. These weapons and materials sponsible for the U.S. effort to help the preserve strategic stability during this are stored in over 400 locations across Russians secure, account for, and, time of rapid and positive change in Russia and many are not fully secure. where possible, dispose of their nuclear the U.S.-Russia relationship. To understand the need to help the weapons and other WMD. The United The United States and Russia have Russians on this front, one fact bears States must make every effort to de- made great strides to reshape our coun- noting: Each year, the Russians spend feat global terrorism. One of the most tries’ relationship since the end of the approximately 2 percent of the amount important actions we can take is to cold war. I am encouraged by the work that we spend to operate and secure deny terrorists the means to kill tens of President Bush and President Putin our nuclear weapons arsenal. of thousands, if not hundreds of thou- regarding the reduction of U.S. and The members of this body know that sands, of people. Russian nuclear arsenals and I have addressing this challenge is not a par- The NTTRA will address this serious been pleased to see Russia’s under- tisan issue. It is an issue of deep con- national security challenge in the fol- standing and support of our war on ter- cern to all Americans. Early last year, lowing ways: rorism. I hope that this bill will sup- a bipartisan task force led by former First, the NTTRA states that it is port our countries’ working relation- Sentate majority leader and current the policy of the United States to work ship by encouraging further movement U.S. Ambassador to Japan, Howard cooperatively with the Russian Federa- towards arms reductions and helping Baker, and former White House Coun- tion in order to prevent the diversion build trust and expand dialogue and co- sel Lloyd Cutler reached three primary of weapons of mass destruction and operation between our nations. This re- conclusions: First, the most urgent material, including nuclear, biological lationship is critical to protecting both unmet national security threat to the and chemical weapons, as well as sci- Russia and the United States from nu- United States today is the danger that entific and technical expertise nec- clear terrorism. weapons of mass destruction or weap- essary to design and build weapons of I call upon the members of this body ons-usable material in Russia can be mass destruction. As I noted earlier, to join Senator LANDRIEU and me as we stolen and sold to terrorists or hostile the administration’s recent review of work against nuclear terrorism by sup- nation States and used against Amer- U.S.-Russia programs concluded: ‘‘most porting the Nuclear and Terrorism ican troops abroad or citizens at home; U.S. programs to assist Russia in Threat Reduction Act of 2002. second, current nonproliferation pro- threat reduction and nonproliferation f grams in the Department of Defense, work well, are focused on priority LOCAL LAW ENFORCEMENT ACT Department of Energy, and related tasks, and are well managed.’’ The OF 2001 agencies have achieved impressive re- NTTRA proposals complement the in- sults thus far, but their limited man- creases and proposed organizational Mr. SMITH of Oregon. Mr. President, date and funding fall short of what is changes that the Bush administration I rise today to speak about hate crimes required to address adequately the has proposed for these programs. legislation I introduced with Senator threat; and third, the President and The NTTRA also calls for the Presi- KENNEDY in March of last year. The the leaders of the 107th Congress face dent to deliver to Congress, no later Local Law Enforcement Act of 2001 the urgent national security challenge than 6 months after the enactment of would add new categories to current of devising an enhanced response pro- the NTTRA, a series of recommenda- hate crimes legislation sending a sig- portionate to the threat. tions on how to enhance the implemen- nal that violence of any kind is unac- It bears repeating that these conclu- tation of U.S.-Russia non-proliferation ceptable in our society. sions were reached months in advance and threat reduction programs, includ- I would like to describe a terrible of the September 11 attacks. This legis- ing suggestions on how to improve and crime that occurred in May 1996 in lation will address each of the Baker- streamline the contracting and pro- Lake Charles, LA. A gay man was Cutler Task Force conclusions. curement practices of these programs robbed and beaten to death after being May 9, 2002 CONGRESSIONAL RECORD — SENATE S4141 abducted from a rest stop. The ADDITIONAL STATEMENTS HONORING DR. GEORGE RUPP, attackers, four men, said that they had PRESIDENT OF COLUMBIA UNI- gone to the rest area to ‘‘roll a queer.’’ VERSITY I believe that government’s first duty ∑ Mr. GREGG. Mr. President, I rise THE 60TH ANNIVERSARY OF THE is to defend its citizens, to defend them today to honor Dr. George Rupp, a man BATTLESHIP MASSACHUSETTS against the harms that come out of who has served higher education and hate. The Local Law Enforcement En- ∑ Mr. KERRY. Mr. President, I rise the city of New York well over his 9 hancement Act of 2001 is now a symbol today to join the people of Massachu- years as President of Columbia Univer- that can become substance. I believe setts and Navy veterans across the sity. that by passing this legislation and country in celebrating the 60th anni- As a proud alumnus of Columbia Uni- changing current law, we can change versary of the Battleship Massachu- versity, I wanted to share with Mem- hearts and minds as well. setts’ commission. This historic ship, bers of Congress some of the accom- the heaviest craft ever launched from plishments of this fine leader, and to f Quincy’s Fore River Shipyard, served take this opportunity to salute Dr. with distinction in theaters ranging Rupp. Columbia is one of the nation’s DEATH OF NORMAN JOHNSON from North Africa to the Marshall Is- most prestigious universities, and lands, and I join its crew in celebrating under Dr. Rupp’s leadership it has only Mr. HATCH. Mr. President, one of the anniversary of this storied vessel. grown more so. In every area of the the finest attorneys in the country, The Battleship Massachusetts entered university’s existence, from academic Norman Johnson, one of the great at- combat on November 8, 1942 in Oper- to administrative, fundraising and torneys and leaders from my home ation Torch on the shores of North Af- quality of life, Dr. Rupp has made a state of Utah, died last Saturday. rica and saw its first action on the major impact. The legacy he has cre- The loss of Norm is a personal loss to shores off Casablanca, Morocco. In that ated sets a new standard in university me. He has been one of my best friends. first engagement, the 16’’ shells from administration. Norm was not only a fine lawyer, a fine the Massachusetts helped sink two de- When he joined the administration in businessman, a fine husband and fa- stroyers, two merchant ships, visit 1993, Dr. Rupp promised to put under- ther, a fine Christian, and a wonderful heavy damage to buildings along the graduate education at the center of the friend. coast, and render a dry dock inoper- institution. He committed his energies Norm was a partner in one of Utah’s able. One year later the ship came back and the university’s resources to doing most prestigious law firms. He was one to Boston for refitting before heading precisely that, and Columbia College is of the most informed authorities in the off to a new assignment in the Pacific, in a much stronger position as a con- field of securities law and nationally where she would remain for the dura- sequence of his efforts. High school stu- recognized both before and after ap- tion of the war. During its Pacific serv- dents are applying to Columbia in pointment as one of the five commis- ice, the Massachusetts engaged the record numbers and undergraduate ad- sioners on the United States Security enemy in the New Guinea-Solomons in missions have more than doubled since and Exchange Commission. As S.E.C. the southwest, raided Japanese bases 1993. Dr. Rupp introduced fellowships to Commissioner, Norm held one of the in the west, and helped invade the Mar- attract professors to teach its cele- most prestigious and high-level posi- shall Islands. brated core curriculum for undergradu- tions in the Federal Government. Norm As the war built to a bloody cre- served well and was highly respected. I ates, anchored by contemporary civili- scendo the Massachusetts proved itself zation and humanities literature. Co- know. I watched his service and was so repeatedly. Carrying its nickname of proud of him. lumbia’s graduate programs in law, ‘‘Big Mamie,’’ the Massachusetts took business, medicine, journalism, and the Norm loved his wife Carol and his center stage in the preliminary actions children, all of whom are beautiful and liberal arts have grown more competi- against Okinawa and Iwo Jima, shell- tive and are among the best in the exemplary in their own lives. I’m sure ing each island in preparation for the they are very grieved at his death. He world. Over the past nine years, four decisive land combat that began the Columbia faculty members have been was so proud of them. final chapters of the long struggle. To- Norm was one of the most soft-spo- Nobel prize winners. gether with the Third Fleet, the Massa- Columbia has raised its profile in ken people I ever knew. He was kind, chusetts approached Japan in the sum- New York City and significantly im- generous to a fault, and a friend to all. mer of 1945. Its engagements at proved relations with the surrounding We lived in the same neighborhood in Kamaishi and Hamamatsu helped crip- communities of Morningside Heights, Salt Lake City, when I was Bishop of ple the country’s infrastructure and ex- Harlem, and Washington Heights. Dr. the Salt Lake Mt. Olympus 10th Ward. pedite the war’s conclusion. Rupp has striven to make Columbia a We became instant friends and our After de-activation in 1946, the bat- good neighbor and involves community friendship has endured over thirty tleship remained in the Reserve Fleet leadership in major construction years. until being struck from the Navy projects. He also established a housing Norm courageously battled esopha- record in 1962. Despite being ordered to assistance program to encourage Co- geal cancer for a lengthy time. I re- be sold for scrap, her wartime crew lob- lumbia staff to purchase homes in member visiting him in the hospital bied to save the ship as a memorial. these neighborhoods, which are part of many times. He beat one of the worst Schoolchildren around Massachusetts the Upper Manhattan Empowerment of all cancers and then went on to his rallied for the ship named for their Zone. exceptional government service. I state, and ‘‘Big Mamie,’’ was brought Under Dr. Rupp’s leadership, the uni- never heard him complain and he bore to Fall River in 1965 as a result of these versity has added an architecturally his difficulties with grace and humor, tireless civic efforts. It now serves as distinguished student center, expanded but the suffering took its toll. the central attraction in Fall River’s student housing and built world-class I loved Norm as a brother and have thriving waterfront; standing as a re- research facilities. Columbia has also always and will always be a friend of minder of its service and inspiring taken over the management of the Bio- his family. young people to find their own ways to sphere 2 Center in Oracle, AZ to expand His funeral is today and I deeply re- serve. the science of its Earth Institute. In gret that, because of pressing Senate Through it all, the ship beared the addition, he has established the Inter- business and an important meeting name of our Commonwealth with a national Research Institute for Cli- with the President of the United States pride that we match today, and I am mate Prediction, a facility to direct at the White House, I have not been honored to join the Navy, the citizens advances in climate sciences to the able to attend. My beloved wife, Elaine, of Fall River, and people across our benefit of societies around the world. will be in attendance. She left for Utah State in celebrating the 60th anniver- Dr. Rupp, an ordained Presbyterian this morning. As usual, Elaine will rep- sary of the Massachusetts’ receiving its minister and a religious scholar, be- resent me well. commission.∑ came Dean of Harvard Divinity School S4142 CONGRESSIONAL RECORD — SENATE May 9, 2002 at age 37, and then president of Rice perhaps even more important a posi- Muise, Eyal Zimet, Vernon Podlewski, Jef- University and president of Columbia tive attitude that kept his constituents frey Gleason, Costas Theocharidis, Jose University. He is a man of many tal- in economic distress from giving up Delgado, Kyle Denitz, Marvin Yamada, John ents and interests. hope. Bender, Ryan Woodward, Tony Ching, Brian Nordberg, Delano Thomas, and Daniel Rasay. For all these and many more reasons, Government employees are often ac- Coaches: Mike Wilton, Tino Reyes, Aaron I stand now to applaud his leadership cused of being process oriented rather Wilton, and Marlo Torres.∑ than results oriented. Mr. Ames, with at Columbia University, his dedication f to this great institution, and to wish his single-minded focus on results, is him great luck in the future. Columbia an excellent example of the kind of IN RECOGNITION THE RETIRE- today embodies substantial forward Federal employee of whom we should MENT OF INSPECTOR FREDERICH momentum and is poised to achieve all be proud. A. GREENSLATE further advances in the years ahead.∑ As he is about to retire, I congratu- ∑ Mr. LEVIN. Mr. President, I ask that late Mr. Ames on his outstanding f the Senate join me today in acknowl- record of accomplishment and wish edging the retirement of Inspector TRIBUTE TO RICHARD M. him every success in his future endeav- Frederich A Greenslate of West Bloom- SCULLION ors.∑ field, MI, who retired on April 27th of ∑ Mr. FEINGOLD. Mr. President, f this year after serving in the Michigan today, I would like to honor the life of TRIBUTE TO THE UNIVERSITY OF State Police for 41 years. Mr. a dedicated public servant, Richard M. HAWAII MEN’S VOLLEYBALL TEAM Greenslate is one of the longest serving Scullion. Dick passed away at the end officers in departmental history and ∑ Mr. INOUYE. Mr. President, I am of April following a brief illness. people will be gathering on May 17th to proud to rise and pay tribute to the Dick started out as a farmer near celebrate his distinguished career. University of Hawaii men’s volleyball Highland, WI. He married his wife, I cannot overstate the debt we owe team for winning the 2002 National Col- Marian, in 1945, and worked to raise our men and women in uniform for put- legiate Athletic Association, NCAA, their family. In the 1950s, during a typ- ting their lives on the line as guardians Championship this past weekend in ical Wisconsin blizzard, friends of of peace. Every day they protect the Pennsylvania. The Warrior Volleyball Dick’s nominated him to serve on the people of our great Nation and keep squad made history by winning the Iowa County Board and in 1965, he be- our cities safe. Frederich Greenslate came the chair of the board, a seat he first National Championship for any men’s athletic program at the Univer- has been part of this great tradition of would hold until 2000. At that time, he service, dedication and honor. was the longest serving County Chair sity of Hawaii. I salute all of the athletes and coach- Mr. Greenslate joined the Michigan in Wisconsin history. Dick simulta- es of the NCAA Championship tour- State Police in 1961 after receiving an neously served as the Highland town- nament. I commend them for their sac- Associate’s Degree in Criminal Justice ship chairman and as a member of the rifice and determination; they should from Macomb Community College. Memorial Hospital of Iowa County all be proud of their achievements as Originally posted as a Trooper at the Board. student-athletes. Newaygo Post, he moved up the ranks In addition to his over 40 years of I also commend the people of Hawaii and concluded his career as an Assist- service to Iowa County, Dick dem- for their support of the University’s ant District Commander in the 2nd Dis- onstrated a strong commitment to his athletic programs. Indeed, they are the trict Headquarters. Over this period, he home state. He was a member of the greatest volleyball fans in the nation. received four Meritorious Citations for Wisconsin State Soil and Water Con- The success of the men’s volleyball service above the call of duty as well as servation Board, Committee Land team is indicative of the depth of the an Unit Citation. He also assisted with Preservation Board, Water Resources community’s support, and the caliber several events of national and inter- Committee, Wisconsin River Rail Tran- of students, faculty, and staff at the national significance including the sit Commission, Farmland Preserva- University. As our nation’s only public visit of Pope John Paul II to Detroit, tion Board, and was the chairman of institution of higher learning in the Super Bowl XVI, United States Cup the Southwest Regional Planning Com- Pacific, the University of Hawaii has Soccer, World Cup Soccer, The Detroit mission. many unique strengths and compara- Grand Prix, and the National Gov- His work made him an invaluable cit- tive advantages. It offers premiere ernors’ Conference. izen of the State of Wisconsin; he was science, math, business, art, social Despite the long hours and stressful recognized for his achievements in 1995, science, and, as it has now dem- atmosphere associated with being a po- when the Iowa County Courthouse ad- onstrated irrefutably, athletic pro- lice officer, Mr. Greenslate has been de- dition was named in his honor. Dick grams. The people of Hawaii should be voted husband to his wife Susan and fa- was also named the Soil Conserva- proud of their University. ther of six children: Adam, Bethany, tionist of the Year in 1976 and received I applaud Head Coach Mike Wilton Douglas, Jason, Jeffrey, and Melanie. the Wisconsin Master Agriculturist who, for the past decade, has worked In addition, his children have blessed Award in 1979. In 1983, the University of tirelessly to successfully build and him with three grandchildren, Jack, Wisconsin College of Agriculture and strengthen the men’s volleyball pro- Joe, and Connor. He is also a member Life Sciences awarded him an honorary gram, and I commend the members of of the South-East, Oakland County, degree. his coaching staff for their commit- Macomb County, Wayne County, and Dick Scullion was an important part ment to preparing the athletes for suc- St. Clair County Police Chief’s Asso- of Iowa County, and the State of Wis- cess both on and off the court. ciations. consin, and will hold a special place in Finally, I extend my sincerest con- Our Nation’s public servants play a our State’s history. He will be dearly gratulations to the Warrior Volleyball vital role in preserving the public good. missed.∑ players for capturing the national However, few public servants do more f title. I am pleased to note that the to ensure our Nation’s peace and sta- team is comprised of young men from bility than our police officers. I know RETIREMENT OF ALDRED AMES Hawaii, Arizona, California, Oregon, my Senate Colleagues will join me in ∑ Mr. CRAPO. Mr. President, I rise Guam, Canada, Cuba, Israel, Puerto thanking Mr. Greenslate for his distin- today to commend one of the key fig- Rico, and Serbia. Despite their cultural guished career as a Michigan State ures in Idaho’s economic development differences and language barriers, they Trooper and wish him well in the years efforts, Aldred Ames. For over two dec- remained unified in their mission and ahead.∑ ades Mr. Ames has made a positive im- goal. The team has proven that all f pact in virtually every one of Idaho’s things are possible through hard work. 201 incorporated communities, 44 coun- I submit the team’s roster of players HONORING THE GIRL SCOUTS OF ties, and 5 tribal nations. He has and coaches for the RECORD: RHODE ISLAND brought not only technical expertise Players: Dejan Miladinovic, Geronimo ∑ Mr. REED. Mr. President, I rise in and access to financial resources, but Chala, Robert Drew, Kimo Tuyay, Jake recognition of the 90th Anniversary of May 9, 2002 CONGRESSIONAL RECORD — SENATE S4143 the Girl Scouts of America. The Girl issued the attached proclamation re- ‘‘Richard S. Arnold United States Court- Scout tradition began on March 12, storing NTR tariff treatment to the house’’; to the Committee on Environment 1912, when founder Juliette Gordon products of Afghanistan. The Procla- and Public Works. Low assembled 18 girls in Savannah, mation shall take effect 30 days after it The following bill was read the first GA for the first-ever Girl Scout meet- is published in the Federal Register . and the second times by unanimous ing. Today, the organization offers GEORGE W. BUSH. consent, and referred as indicated: girls of all races, ages, ethnicities, so- THE WHITE HOUSE, May 3, 2002. H.R. 3801. An act to provide for improve- cioeconomic backgrounds, and abilities f ment of Federal education research, statis- the chance to thrive by building the tics, evaluation, information, and dissemina- REPORT RELATIVE TO TWO DE- real-life skills they will need as adults. tion, and for other purposes; to the com- FERRALS OF BUDGET AUTHOR- I am especially honored to acknowl- mittee on Health, Education, Labor, and ITY, TOTALING $2 BILLION—PM Pensions. edge the activities of the Girl Scouts of 84 Rhode Island, which currently serves f over 13,700 girls in my home State and Under the authority of the order of MEASURES PLACED ON THE several bordering towns of Massachu- the Senate of January 3, 2001, the Sec- CALENDAR setts and Connecticut. The Girl Scouts retary of the Senate, on May 3, 2002, during the recess of the Senate, re- The following bill was read the sec- of Rhode Island has created several en- ond time, and placed on the calendar: riching programs and activities over ceived the following message from the the years that truly help girls grow President of the United States, to- S. 2485. A bill entitled the ‘‘Andean Trade Promotion and Drug Eradication Act.’’ strong. One such programs is Girls on gether with an accompanying report; the Go, which serves low-income girls which was referred jointly, pursuant to The following joint resolution was at free lunch sites throughout the the order of January 30, 1975 as modi- read the first and second times by State during the summer months, al- fied by the order of April 11, 1986; to the unanimous consent, and placed on the lowing them to participate in Girl Committee on Appropriations; the calendar pursuant to 42 U.S.C. Scout activities. Other examples in- Budget; and Foreign Relations: 10135(d)(5)(A): clude the City Summer Camps program H. J. Res. 87. Joint resolution approving To the Congress of the United States: the site at Yucca Mountain, Nevada, for the in both Providence and Central Falls In accordance with the Congressional which provides 6 weeks of training and development of a repository for the disposal Budget and Impoundment Control Act of high-level radioactive waste and spent nu- recreational activities, and the Girls at of 1974, I herewith report two deferrals clear fuel, pursuant to the Nuclear Waste the Center program which has provided of budget authority, totaling $2 billion. Policy Act of 1982. numerous scouts and adults with op- The proposed deferrals affect the De- f portunities to explore science and tech- partment of State and International nology. Assistance Programs. MEASURES READ THE FIRST TIME I am truly proud of the achievements GEORGE BUSH. The following bill was read the first of the Rhode Island Girl Scouts and THE WHITE HOUSE, May 3, 2002. time: their mission to help young women f H.R. 4560. An act to eliminate the dead- achieve high ideals of character, con- lines for spectrum auctions of spectrum pre- duct, patriotism and service. I wish MESSAGES FROM THE HOUSE viously allocated to television broadcasting. ∑ them continued success in the future. At 12:59 p.m., a message from the f f House of Representatives, delivered by Ms. Niland, one of its reading clerks, EXECUTIVE AND OTHER REPORT TO RESTORE NON- announced that the House has passed COMMUNICATIONS DISCRIMINATORY TRADE TREAT- the following joint resolution, in which The following communications were MENT (NORMAL TRADE RELA- it requests the concurrence of the Sen- laid before the Senate, together with TIONS TREATMENT) TO THE ate: accompanying papers, reports, and doc- PRODUCTS OF AFGHANISTAN— H.J. Res. 87. A joint resolution approving uments, which were referred as indi- PM 83 the site at Yucca Mountain, Nevada, for the cated: Under the authority of the order of development of a repository for the disposal EC–6801. A communication from the Execu- the Senate of January 3, 2001, the Sec- of high-level radioactive waste and spent nu- tive Vice President of Communications and retary of the Senate, on May 3, 2002, clear fuel, pursuant to the Nuclear Waste Government Relations, Tennessee Valley Au- during the recess of the Senate, re- Policy Act of 1982. thority, transmitting, pursuant to law, the report of a vacancy in the position of Inspec- ceived the following message from the At 4:03 p.m., a message from the President of the United States, to- tor General, receive on May 1, 2002; referred House of Representatives, delivered by jointly, pursuant to the order of January 30, gether with an accompanying report; M. Niland, one of its reading clerks, an- 1975 as modified by the order of April 11, 1986; which was referred to the Committee nounced that the House has passed the to the Committees on Environment and Pub- on Finance: following bill, in which it requests the lic Works; and Governmental Affairs. To the Congress of the United States: concurrence of the Senate: EC–6802. A communication from the Gen- eral Counsel, Department of Housing and Public Law 99–190, 99 Stat. 1319, H.R. 3801. An act to provide for improve- Urban Development, transmitting, pursuant which took effect on December 19, 1985, ment of Federal education research, statis- to law, the report of a nomination confirmed authorized the President to deny nor- tics, evaluation, information, and dissemina- for the position of Inspector General, re- mal trade relations (NTR) tariff treat- tion, and for other purposes. ceived on May 1, 2002; referred jointly, pursu- ment to the products of Afghanistan. f ant to the order of January 30, 1975 as modi- fied by the order of April 11, 1986; to the On January 31, 1986, President Reagan MEASURES REFERRED issued a proclamation denying NTR Committees on Banking, Housing, and Urban treatment to Afghanistan. The following bills, previously re- Affairs; and Governmental Affairs. EC–6803. A communication from the Under I have determined that it is appro- ceived from the House of Representa- tives for concurrence, were read the Secretary of Defense, Comptroller, transmit- priate to restore NTR treatment to the ting, pursuant to law, the report of a viola- products of Afghanistan. Restoration first and second times by unanimous tion of the Antideficiency Act, case number of NTR treatment will support U.S. ef- consent, and referred as indicated: 01–03; to the Committee on Appropriations. forts to normalize relations with Af- H.R. 4486. An act to designate the facility EC–6804. A communication from the Direc- ghanistan and facilitate increased of the United States Postal Service located tor, Office of Congressional Affairs, Office of trade with the United States, which at 1590 East Joyce Boulevard in Fayetteville, Nuclear Material Safety and Safeguards, Nu- could contribute to economic growth Arkansas, as the ‘‘Clarence B. Craft Post Of- clear Regulatory Commission, transmitting, fice Building’’; to the Committee on Govern- pursuant to law, the report of a rule entitled and assist Afghanistan in rebuilding its mental Affairs. ‘‘10 CFR Part 63: Disposal of High-Level Ra- economy. Therefore, in accordance H.R. 4028. An act to designate the United dioactive Wastes in a Proposed Geological with section 118 of Public Law 99–190, I States courthouse located at 600 West Cap- Repository at Yucca Mountain, Nevada’’ hereby provide notice that I have itol Avenue in Little Rock, Arkansas, as the (RIN3150–AG04) received on April 30, 2002; to S4144 CONGRESSIONAL RECORD — SENATE May 9, 2002 the Committee on Environment and Public Indexes for Department Stores—December EC–6826. A communication from the Para- Works. 2001’’ (Rev. Rul. 2002–7) received on April 30, legal Specialist, Federal Aviation Adminis- EC–6805. A communication from the Chair- 2002; to the Committee on Finance. tration, Department of Transportation, man of the Federal Financial Institutions EC–6817. A communication from the Chief transmitting, pursuant to law, the report of Examination Council, transmitting, pursu- of the Regulations Unit, Internal Revenue a rule entitled ‘‘Airspace Actions Admt. to ant to law, the Council’s Annual Report for Service, Department of the Treasury, trans- Caruthersville, MO Class E Airspace Area’’ 2001; to the Committee on Banking, Housing, mitting, pursuant to law, the report of a rule ((2120–AA66)(2002–0064)) received on April 30, and Urban Affairs. entitled ‘‘Definition of Disqualified Person’’ 2002; to the Committee on Commerce, EC–6806. A communication from the Attor- ((RIN1545–AY19)(TD8982)) received on April Science, and Transportation. ney General, transmitting, pursuant to law, 30, 2002; to the Committee on Finance. EC–6827. A communication from the Para- a report on the Plan for the Transfer of EC–6818. A communication from the Sec- legal Specialist, Federal Aviation Adminis- Functions of the United States Parole Com- retary of Health and Human Services, trans- tration, Department of Transportation, mission; to the Committee on the Judiciary. mitting, a report concerning the level of cov- transmitting, pursuant to law, the report of EC–6807. A communication from the Assist- erage and expenditures for religious nonmed- a rule entitled ‘‘Airworthiness Directives: ant Attorney General, Office of Legislative ical health care institutions (RNHCIs) under Fairchild Aircraft, Inc. SA226 and SA227 Se- Affairs, Department of Justice, transmit- both Medicare and Medicaid for the previous ries Airplanes’’ ((RIN2120–AA64)(2002–0204)) ting, a draft of proposed legislation entitled fiscal year (FY); estimated levels of expendi- received on April 30, 2002; to the Committee ‘‘The Child Obscenity and Pornography Pre- ture for the current FY; and, trends in those on Commerce, Science, and Transportation. vention Act of 2002’’; to the Committee on expenditure levels including an explanation EC–6828. A communication from the Para- the Judiciary. of any significant changes in expenditure legal Specialist, Federal Aviation Adminis- EC–6808. A communication from the Assist- levels from previous years; to the Committee tration, Department of Transportation, ant Secretary of Legislative Affairs, Depart- on Finance. transmitting, pursuant to law, the report of ment of State, transmitting, pursuant to EC–6819. A communication from the Attor- a rule entitled ‘‘Airworthiness Directives: law, a report on the intent to obligate funds ney-Advisor, National Highway Traffic Safe- Bombardier Model DHC–8–400, 401, and 402 for purposes of Nonproliferation and Disar- ty Administration, Department of Transpor- Series Airplanes’’ ((RIN2120–AA64)(2002–0205)) mament Fund (NDF) activities; to the Com- tation, transmitting, pursuant to law, the re- received on April 30, 2002; to the Committee mittee on Foreign Relations. port of a rule entitled ‘‘Interior Trunk Re- on Commerce, Science, and Transportation. EC–6809. A communication from the Assist- lease; Petition for Reconsideration’’ EC–6829. A communication from the Para- ant Secretary of Legislative Affairs, Depart- (RIN2127–AI69) received on April 30, 2002; to legal Specialist, Federal Aviation Adminis- ment of State, transmitting, the report of a the Committee on Commerce, Science, and tration, Department of Transportation, delay of the Department’s annual report on Transportation. transmitting, pursuant to law, the report of terrorism; to the Committee on Foreign Re- EC–6820. A communication from the Para- a rule entitled ‘‘Airworthiness Directives: lations. legal Specialist, Federal Aviation Adminis- Boeing Model 777–200 and 300 Series Air- EC–6810. A communication from the Man- tration, Department of Transportation, planes’’ ((RIN2120–AA64)(2002–0206)) received aging Director, Federal Housing Finance transmitting, pursuant to law, the report of on April 30, 2002; to the Committee on Com- Board, transmitting, pursuant to law, the re- a rule entitled ‘‘Airspace Actions Revision of merce, Science, and Transportation. port of a rule entitled ‘‘Rules of Practice and VOR Federal Airway 105 and Jet Route 86, EC–6830. A communication from the Para- Procedure’’ (RIN3069–AB03) received on April AZ and the establishment of Jet Routes 614 legal Specialist, Federal Aviation Adminis- 30, 2002; to the Committee on Banking, Hous- and 616’’ ((RIN2120–AA66)(2002–0066)) received tration, Department of Transportation, ing, and Urban Affairs. on April 30, 2002; to the Committee on Com- transmitting, pursuant to law, the report of EC–6811. A communication from the Man- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: aging Director, Federal Housing Finance EC–6821. A communication from the Para- Boeing Model 767–200, 300, and 300F Series Board, transmitting, pursuant to law, the re- legal Specialist, Federal Aviation Adminis- Airplanes’’ ((RIN2120–AA64)(2002–0207)) re- port of a rule entitled ‘‘Technical Amend- tration, Department of Transportation, ceived on April 30, 2002; to the Committee on ments to Federal Housing Finance Board transmitting, pursuant to law, the report of Commerce, Science, and Transportation. Regulations’’ (RIN3069–AB05) received on a rule entitled ‘‘Airspace Action Establish- EC–6831. A communication from the Para- May 1, 2002; to the Committee on Banking, ment of Class E Airspace; Elkton, MD’’ legal Specialist, Federal Aviation Adminis- Housing, and Urban Affairs. ((RIN2120–AA66)(2002–0067)) received on April tration, Department of Transportation, EC–6812. A communication from the Sec- 30, 2002; to the Committee on Commerce, transmitting, pursuant to law, the report of retary of Energy, transmitting, pursuant to Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: Section 3134 of the Fiscal Year 2002 Defense EC–6822. A communication from the Para- Boeing Model 737–200, 200C, 300, 400 and 500 Authorization Act, a report detailing the legal Specialist, Federal Aviation Adminis- Series Airplanes’’ ((RIN2120–AA64)(2002–0200)) purposes for which the Department of En- tration, Department of Transportation, received on April 30, 2002; to the Committee ergy plans to execute the National Security transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. Programs Administrative Support funding in a rule entitled ‘‘Airspace Actions Modifica- EC–6832. A communication from the Para- Fiscal Year 2002, and a report on the feasi- tion of Santa Ana Class C Airspace Area, legal Specialist, Federal Aviation Adminis- bility of using an energy savings perform- CA’’ ((RIN2120–AA66)(2002–0065)) received on tration, Department of Transportation, ance contract for a new office building at the April 30, 2002; to the Committee on Com- transmitting, pursuant to law, the report of Albuquerque Operations Office; to the Com- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: mittee on Armed Services. EC–6823. A communication from the Para- Boeing Model 727, 727C, 727–100, 727–100C, 727– EC–6813. A communication from the Direc- legal Specialist, Federal Aviation Adminis- 200 and 727–200F Series Airplanes’’ ((RIN2120– tor, Office of Management and Budget, Exec- tration, Department of Transportation, AA64) (2002–0201)) received on April 30, 2002; utive Office of the President, transmitting, transmitting, pursuant to law, the report of to the Committee on Commerce, Science, pursuant to P.L. 107–117, a report on ter- a rule entitled ‘‘Airworthiness Directives and Transportation. rorism response funding that is of an ongo- Fairchild Aircraft, Inc. Models SA226 and EC–6833. A communication from the Para- ing and recurring nature; to the Committee SA227 Series Airplanes’’ ((RIN2120– legal Specialist, Federal Aviation Adminis- on Armed Services. AA64)(2002–0208)) received on April 30, 2002; to tration, Department of Transportation, EC–6814. A communication from the Chief the Committee on Commerce, Science, and transmitting, pursuant to law, the report of of the Regulations Unit, Internal Revenue Transportation. a rule entitled ‘‘Airworthiness Directives: Service, Department of the Treasury, trans- EC–6824. A communication from the Para- Boeing Model 737–200, 200C, 300, 400, and 500 mitting, pursuant to law, the report of a rule legal Specialist, Federal Aviation Adminis- Series Airplanes’’ ((RIN2120–AA64) (2002– entitled ‘‘Corrections to Rev. Proc. 2002–9 tration, Department of Transportation, 0202)) received on April 30, 2002; to the Com- (Automatic consent to change a method of transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- accounting)’’ (Ann. 2002–17) received on April a rule entitled ‘‘Airspace Actions Establish- tation. 30, 2002; to the Committee on Finance. ment of Class E Airspace; EWT 4 Heliport, EC–6834. A communication from the Para- EC–6815. A communication from the Chief Honey Grove, PA’’ ((RIN2120–AA66)(2002– legal Specialist, Federal Aviation Adminis- of the Regulations Unit, Internal Revenue 0061)) received on April 30, 2002; to the Com- tration, Department of Transportation, Service, Department of the Treasury, trans- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule tation. a rule entitled ‘‘Airworthiness Directives: entitled ‘‘Dealers in Securities Futures Con- EC–6825. A communication from the Para- Boeing Model 737–200 and 200C Series Air- tracts’’ (Rev. Proc. 2002–11, 2002–7) received legal Specialist, Federal Aviation Adminis- planes’’ ((RIN2120–AA64) (2002–0203)) received on April 30, 2002; to the Committee on Fi- tration, Department of Transportation, on April 30, 2002; to the Committee on Com- nance. transmitting, pursuant to law, the report of merce, Science, and Transportation. EC–6816. A communication from the Chief a rule entitled ‘‘Airspace Revision to Class E EC–6835. A communication from the Para- of the Regulations Unit, Internal Revenue Surface Area at Marysville Yuba County Air- legal Specialist, Federal Aviation Adminis- Service, Department of the Treasury, trans- port, CA’’ ((RIN2120–AA66)(2002–0062)) re- tration, Department of Transportation, mitting, pursuant to law, the report of a rule ceived on April 30, 2002; to the Committee on transmitting, pursuant to law, the report of entitled ‘‘Bureau of Labor Statistics Price Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: May 9, 2002 CONGRESSIONAL RECORD — SENATE S4145

Pratt and Whitney JT9D–7R4 Series Tur- EC–6847. A communication from the Direc- SHELBY, Mr. REID, Mr. NICKLES, Mr. bofan Engines’’ ((RIN2120–AA64) (2002–0196)) tor, National Science Foundation, transmit- TORRICELLI, Mr. BURNS, Mr. SCHU- received on April 30, 2002; to the Committee ting, pursuant to law, the Foundation’s Per- MER, Mr. GREGG, Mrs. CLINTON, Mr. on Commerce, Science, and Transportation. formance Report for Fiscal Year 2001; to the DEWINE, Mr. MCCAIN, Mr. MCCON- EC–6836. A communication from the Para- Committee on Governmental Affairs. NELL, Mr. CHAFEE, Mr. ALLARD, Mr. legal Specialist, Federal Aviation Adminis- f BROWNBACK, Mr. CRAPO, Mr. tration, Department of Transportation, SANTORUM, Mr. COCHRAN, Mr. BOND, transmitting, pursuant to law, the report of REPORTS OF COMMITTEES Mrs. HUTCHISON, Mr. THOMPSON, Ms. a rule entitled ‘‘Airworthiness Directives: COLLINS, Mr. CRAIG, Mr. KYL, Mr. EN- The following reports of committees Boeing Model 777–200 Series Airplanes SIGN, Mr. INHOFE, Mr. ALLEN, Mr. Equipped with General Electric GE90 Series were submitted: HAGEL, Mr. VOINOVICH, Mr. STEVENS, Engines’’ ((RIN2120–AA64) (2002–0197)) re- By Mr. LEAHY, from the Committee on Mr. WARNER, Mr. SPECTER, Mr. SMITH ceived on April 30, 2002; to the Committee on the Judiciary: of Oregon, Mr. BUNNING, Mr. SMITH of Commerce, Science, and Transportation. Report to accompany S. 625, a bill to pro- New Hampshire, and Mr. INOUYE): EC–6837. A communication from the Para- vide Federal assistance to States and local S. 2495. A bill to designate the United legal Specialist, Federal Aviation Adminis- jurisdictions to prosecute hate crimes, and States courthouse located at 100 Federal tration, Department of Transportation, for other purposes. (Rept. No. 107–147). Plaza in Central Islip, New York, as the transmitting, pursuant to law, the report of ‘‘Alfonse M. D’Amato United States Court- f a rule entitled ‘‘Airworthiness Directives: house’’; to the Committee on Environment McDonnell Douglas Model DC–9–10, 20, 30, 40 INTRODUCTION OF BILLS AND and Public Works. and 50 Series Airplanes and C–9 Airplanes’’ JOINT RESOLUTIONS By Mrs. CLINTON (for herself, Mr. ((RIN2120–AA64) (2002–0198)) received on April SCHUMER, and Mr. LIEBERMAN): 30, 2002; to the Committee on Commerce, The following bills and joint resolu- S. 2496. A bill to provide for the establish- Science, and Transportation. tions were introduced, read the first ment of investigative teams to assess build- EC–6838. A communication from the Para- and second times by unanimous con- ing performance and emergency response and legal Specialist, Federal Aviation Adminis- sent, and referred as indicated: evacuation procedures in the wake of any tration, Department of Transportation, building failure that has resulted in substan- By Mr. BIDEN (for himself, Mr. HELMS, transmitting, pursuant to law, the report of tial loss of life or that posed significant po- Mr. KENNEDY, and Mr. FRIST): a rule entitled ‘‘Airworthiness Directives: S. 2487. A bill to provide for global patho- tential of substantial loss of life, and for Airbus Model A300 B2, A300 B4, A300 B4–600 gen surveillance and response; to the Com- other purposes; to the Committee on Com- and A300 B4–600R Series Airplanes, and mittee on Foreign Relations. merce, Science, and Transportation. Model A300 F4–605R Airplanes’’ ((RIN2120– By Mr. BROWNBACK (for himself, Mr. By Mr. HOLLINGS: AA64) (2002–0199)) received on April 30, 2002; S. 2497. A bill to prohibit the opening of MILLER, Mr. FITZGERALD, Mr. SMITH to the Committee on Commerce, Science, cockpit doors in flight; to the Committee on of New Hampshire, Mr. INHOFE, Mr. and Transportation. Commerce, Science, and Transportation. HELMS, Mr. SESSIONS, and Mr. ENZI): EC–6839. A communication from the Dep- By Mr. BAUCUS (for himself and Mr. S. 2488. A bill to establish a commission to uty Assistant Administrator for Regulatory GRASSLEY): conduct a comprehensive review of Federal Programs, National Marine Fisheries Serv- S. 2498. A bill to amend the Internal Rev- agencies and programs and to recommend ice, Department of Commerce, transmitting, enue Code of 1986 to require adequate disclo- the elimination or realignment of duplica- pursuant to law, the report of a rule entitled sure of transactions which have a potential tive, wasteful, or outdated functions, and for ‘‘Notice of Solicitation for Applications; Re- for tax avoidance or evasion, and for other other purposes; to the Committee on Govern- quest for Research Proposals’’ (RIN0648– purposes; to the Committee on Finance. mental Affairs. ZB14) received on May 1, 2002; to the Com- By Mr. KENNEDY (for himself and By Mrs. CLINTON (for herself, Ms. mittee on Commerce, Science, and Transpor- Mrs. CLINTON): SNOWE, Ms. MIKULSKI, and Mr. tation. S. 2499. A Bill to amend the Federal Food, EC–6840. A communication from the Direc- BREAUX): Drug, and Cosmetic Act to establish labeling tor, Office of Federal Housing Enterprise S. 2489. A bill to amend the Public Health requirements regarding allergenic sub- Oversight, transmitting, pursuant to law, Service Act to establish a program to assist stances in food, and for other purposes; to the Office’s Fiscal Year 2001 Performance Re- family caregivers in accessing affordable and the Committee on Health, Education, Labor, port; to the Committee on Governmental Af- high-quality respite care, and for other pur- and Pensions. fairs. poses; to the Committee on Health, Edu- By Mr. SCHUMER (for himself and cation, Labor, and Pensions. EC–6841. A communication from the Chair- Mrs. CLINTON): man, Federal Maritime Commission, trans- By Mr. TORRICELLI (for himself and S. 2500. A bill to authorize the use of cer- mitting, pursuant to law, the Commission’s Mr. SMITH of Oregon): tain funds to compensate New York City Annual Program Performance Report for S. 2490. A bill to amend title XVIII of the public schools for operating and education- Fiscal Year 2001; to the Committee on Gov- Social Security Act to ensure the quality of, related expenses (including expenses relating ernmental Affairs. and access to, skilled nursing facility serv- to the provision of mental health and trau- EC–6842. A communication from the Sec- ices under the medicare program; to the ma counseling and other appropriate support retary of Labor and Chairman of the Board, Committee on Finance. services) resulting from the terrorist attack with the Executive Director of the Pension By Mr. INHOFE: on that city on September 11, 2001; to the Benefit Guaranty Corporation, transmitting S. 2491. A bill to authorize the President to Committee on Environment and Public jointly, pursuant to law, the Corporation’s award a gold medal on behalf of Congress to Works. Financial Statements and Performance Re- the Choctaw and Comanche code talkers in By Mr. ALLARD (for himself, Mr. SES- port for Fiscal Year 2001; to the Committee recognition of the contributions provided by SIONS, and Mrs. HUTCHISON): on Governmental Affairs. those individuals to the United States; to S. 2501. A bill to establish requirements EC–6843. A communication from the Acting the Committee on Banking, Housing, and arising from the delay or restriction on the Chairman of the National Endowment for Urban Affairs. shipment of special nuclear materials to the The Arts, transmitting, the National Endow- By Mr. CLELAND: Savannah River Site, Aiken, South Carolina; ment for the Arts Performance Reports for S. 2492. A bill to amend title 5, United to the Committee on Armed Services. Fiscal Years 1999, 2000, 2001, and 2003; to the States Code, to require that agencies, in pro- By Mr. GRASSLEY: Committee on Governmental Affairs. mulgating rules, take into consideration the S. 2502. A bill to improve the provision of EC–6844. A communication from the Assist- impact of such rules on the privacy of indi- health care in all areas of the United States; ant Administrator, Bureau for Legislative viduals, and for other purposes; to the Com- to the Committee on Finance. mittee on Governmental Affairs. and Public Affairs, Agency for International f Development, transmitting, the Agency’s By Mr. DASCHLE (for himself, Mr. Accountability Report for Fiscal Year 2001; KENNEDY, and Mr. DODD): SUBMISSION OF CONCURRENT AND to the Committee on Governmental Affairs. S. 2493. A bill to amend the Immigration SENATE RESOLUTIONS and Nationality Act to provide a limited ex- EC–6845. A communication from the Sec- The following concurrent resolutions retary of Agriculture, transmitting, pursu- tension of the program under section 245(i) of ant to law, the Office of the Inspector Gen- that Act; to the Committee on the Judiciary. and Senate resolutions were read, and eral Financial and IT Operations Audit Re- By Mr. McCAIN: referred (or acted upon), as indicated: port for Fiscal Year 2001; to the Committee S. 2494. A bill to revise the boundary of the By Mr. CHAFEE (for himself and Mr. on Governmental Affairs. Petrified Forest National Park in the State FEINGOLD): EC–6846. A communication from the Direc- of Arizona, and for other purposes; to the S. Con. Res. 109. A concurrent resolution tor of Selective Service, transmitting, pursu- Committee on Energy and Natural Re- commemorating the independence of East ant to law, the Service’s Performance Report sources. Timor and expressing the sense of Congress for Fiscal Year 2001; to the Committee on By Mr. DOMENICI (for himself, Mr. that the President should establish diplo- Governmental Affairs. BIDEN, Mr. LOTT, Mr. DASCHLE, Mr. matic relations with East Timor, and for S4146 CONGRESSIONAL RECORD — SENATE May 9, 2002 other purposes; to the Committee on Foreign S. 999 dian Financing Act of 1974 to improve Relations. At the request of Mr. BINGAMAN, the the effectiveness of the Indian loan f name of the Senator from Idaho (Mr. guarantee and insurance program. ADDITIONAL COSPONSORS CRAPO) was added as a cosponsor of S. S. 2070 999, a bill to amend title 10, United At the request of Mr. BINGAMAN, the S. 77 States Code, to provide for a Korea De- names of the Senator from South Da- At the request of Mr. DASCHLE, the fense Service Medal to be issued to name of the Senator from North Caro- kota (Mr. DASCHLE) and the Senator members of the Armed Forces who par- from New York (Mrs. CLINTON) were lina (Mr. EDWARDS) was added as a co- ticipated in operations in Korea after sponsor of S. 77, a bill to amend the added as cosponsors of S. 2070, a bill to the end of the Korean War. Fair Labor Standards Act of 1938 to amend part A of title IV to exclude provide more effective remedies to vic- S. 1152 child care from the determination of tims of discrimination in the payment At the request of Mr. DURBIN, the the 5-year limit on assistance under of wages on the basis of sex, and for name of the Senator from Georgia (Mr. the temporary assistance to needy fam- other purposes. CLELAND) was added as a cosponsor of ilies program, and for other purposes. S. 264 S. 1152, a bill to ensure that the busi- S. 2079 At the request of Ms. SNOWE, the ness of the Federal Government is con- At the request of Mr. ROCKEFELLER, name of the Senator from Washington ducted in the public interest and in a the name of the Senator from South (Ms. CANTWELL) was added as a cospon- manner that provides for public ac- Dakota (Mr. JOHNSON) was added as a sor of S. 264, a bill to amend title XVIII countability, efficient delivery of serv- cosponsor of S. 2079, a bill to amend of the Social Security Act to expand ices, reasonable cost savings, and pre- title 38, United States Code, to facili- coverage of bone mass measurements vention of unwarranted Government tate and enhance judicial review of cer- under part B of the medicare program expenses, and for other purposes. tain matters regarding veteran’s bene- to all individuals at clinical risk for S. 1370 fits, and for other purposes. osteoporosis. At the request of Mr. MCCONNELL, S. 2117 S. 326 the name of the Senator from Ken- At the request of Mr. DODD, the name At the request of Ms. COLLINS, the tucky (Mr. BUNNING) was added as a co- of the Senator from Iowa (Mr. HARKIN) name of the Senator from Washington sponsor of S. 1370, a bill to reform the was added as a cosponsor of S. 2117, a (Ms. CANTWELL) was added as a cospon- health care liability system. bill to amend the Child Care and Devel- sor of S. 326, a bill to amend title XVIII S. 1394 opment Block Grant Act of 1990 to re- of the Social Security Act to eliminate At the request of Mr. ENSIGN, the authorize the Act, and for other pur- the 15 percent reduction in payment name of the Senator from South Caro- poses. rates under the prospective payment lina (Mr. HOLLINGS) was added as a co- S. 2200 system for home health services and to sponsor of S. 1394, a bill to amend title At the request of Mr. BAUCUS, the permanently increase payments for XVIII of the Social Security Act to re- name of the Senator from Virginia (Mr. such services that are furnished in peal the medicare outpatient rehabili- ALLEN) was added as a cosponsor of S. rural areas. tation therapy caps. 2200, a bill to amend the Ineternal Rev- S. 454 S. 1711 enue Code of 1986 to clarify that the At the request of Mr. BINGAMAN, the At the request of Mr. CAMPBELL, the parsonage allowance exclusion is lim- name of the Senator from South Da- name of the Senator from Colorado ited to the fair rental value of the kota (Mr. JOHNSON) was added as a co- (Mr. ALLARD) was added as a cosponsor property. sponsor of S. 454, a bill to provide per- of S. 1711, a bill to designate the James S. 2210 manent funding for the Bureau of Land Peak Wilderness and the James Peak At the request of Mr. BIDEN, the Management Payment in Lieu of Taxes Protection Area in the State of Colo- name of the Senator from Connecticut program and for other purposes. rado, and for other purposes. (Mr. LIEBERMAN) was added as a co- S. 603 S. 1792 sponsor of S. 2210, a bill to amend the At the request of Mr. LIEBERMAN, the At the request of Mr. BAYH, the name International Financial Institutions name of the Senator from Vermont of the Senator from South Dakota (Mr. Act to provide for modification of the (Mr. LEAHY) was added as a cosponsor JOHNSON) was added as a cosponsor of Enhanced Heavily Indebted Poor Coun- of S. 603, a bill to provide for full vot- S. 1792, a bill to further facilitate serv- tries (HIPC) Initiative. ing representation in the Congress for ice for the United States, and for other the citizens of the District of Columbia S. 2221 purposes. to amend the Internal Revenue Code of At the request of Mr. ROCKEFELLER, 1986 to provide that individuals who are S. 1864 the name of the Senator from Cali- residents of the District of Columbia At the request of Mr. BIDEN, his name fornia (Mrs. FEINSTEIN) was added as a shall be exempt from Federal income was added as a cosponsor of S. 1864, a cosponsor of S. 2221, a bill to tempo- taxation until such full voting rep- bill to amend the Public Health Serv- rarily increase the Federal medical as- resentation takes effect , and for other ice Act to establish a Nurse Corps and sistance percentage for the medicaid purposes. recruitment and retention strategies to program. S. 830 address the nursing shortage, and for S. 2246 At the request of Mr. CHAFEE, the other purposes. At the request of Mr. DODD, the name name of the Senator from Iowa (Mr. S. 1992 of the Senator from Louisiana (Ms. GRASSLEY) was added as a cosponsor of At the request of Mr. KENNEDY, the LANDRIEU) was added as a cosponsor of S. 830, a bill to amend the Public name of the Senator from West Vir- S. 2246, a bill to improve access to Health Service Act to authorize the Di- ginia (Mr. ROCKEFELLER) was added as printed instructional materials used by rector of the National Institute of En- a cosponsor of S. 1992, a bill to amend blind or other persons with print dis- vironmental Health Sciences to make the Employee Retirement Income Se- abilities in elementary and secondary grants for the development and oper- curity Act of 1974 to improve diver- schools, and for other purposes. ation of research centers regarding en- sification of plan assets for partici- S. 2328 vironmental factors that may be re- pants in individual account plans, to At the request of Mr. HARKIN, the lated to the etiology of breast cancer. improve disclosure, account access, and names of the Senator from North Caro- S. 969 accountability under individual ac- lina (Mr. EDWARDS) and the Senator At the request of Mr. DODD, the name count plans, and for other purposes. from Washington (Mrs. MURRAY) were of the Senator from Massachusetts S. 2017 added as cosponsors of S. 2328, a bill to (Mr. KENNEDY) was added as a cospon- At the request of Mr. CAMPBELL, the amend the Public Health Service Act sor of S. 969, a bill to establish a Tick- name of the Senator from New Mexico and the Federal Food, Drug, and Cos- Borne Disorders Advisory Committee, (Mr. DOMENICI) was added as a cospon- metic Act to ensure a safe pregnancy and for other purposes. sor of S. 2017, a bill to amend the In- for all women in the United States, to May 9, 2002 CONGRESSIONAL RECORD — SENATE S4147 reduce the rate of maternal morbidity we are doing so once again. I am also gen released on another continent can and mortality, to eliminate racial and especially pleased that Senators KEN- quickly spread to the United States in ethnic disparities in maternal health NEDY and FRIST, the chairman and a matter of days, if not hours. This is outcomes, to reduce pre-term, labor, to ranking member of the Public Health the dark side of globalization. Inter- examine the impact of pregnancy on Subcommittee of the Senate Health, national trade, travel, and migration the short and long term health of Education, Labor, and Pensions Com- patterns offer unlimited opportunities women, to expand knowledge about the mittee, have also agreed to be original for pathogens to spread across national safety and dosing of drugs to treat cosponsors of this bill. borders and to move from one con- pregnant women with chronic condi- This bill authorizes $150 million over tinent to another. Moreover, an over- tions and women who become sick dur- the next 2 years to provide assistance seas epidemic could give us our first ing pregnancy, to expand public health to developing nations to improve glob- warning of a new disease strain that prevention, education and outreach, al disease surveillance to help prevent was developed by a country or by ter- and to develop improved and more ac- and contain both biological weapons rorists for use as a biological weapon, curate data collection related to ma- attacks and naturally occurring infec- or that could be used by others for that ternal morbidity and mortality. tious disease outbreaks around the purpose. We should make no mistake: in to- S. 2448 world. As the ranking member and day’s world, all infectious disease At the request of Mr. HOLLINGS, the chairman of the Foreign Relations Committee, respectively, Senator epidemics, wherever they occur and names of the Senator from Georgia whether they are deliberately engi- (Mr. CLELAND) and the Senator from HELMS and I recognize all too well that biological weapons are a global threat neered or are naturally occurring, are a Montana (Mr. BURNS) were added as co- potential threat to all nations, includ- sponsors of S. 2448, a bill to improve with no respect for borders. A terrorist group could launch a biological weap- ing the United States. nationwide access to broadband serv- How does disease surveillance fit into ons attack in Mexico in the expecta- ices. all of this? A biological weapons attack tion that the epidemic would quickly S. 2458 succeeds partly through the element of spread to the United States. A rogue At the request of Mrs. HUTCHISON, the surprise. As Dr. Alan P. Zelicoff of the name of the Senator from Vermont state might experiment with new dis- Sandia National Laboratory testified ease strains in another country, in- (Mr. LEAHY) was added as a cosponsor before the Foreign Relations Com- of S. 2458, a bill to enhance United tending later to release them here. A mittee in March, early warning of a bi- States diplomacy, and for other pur- biological weapons threat need not ological weapons attact can prevent poses. begin in the United States to reach our illness and death in all but a small shores. S. 2461 fraction of those infected. A cluster of For that reason, our response to the flu-like symptoms in a city or region At the request of Mr. FEINGOLD, the biological weapons threat cannot be name of the Senator from Wisconsin may be dismissed by individual physi- limited to the United States alone. cians as just the flu when in fact it (Mr. KOHL) was added as a cosponsor of Global disease surveillance, a system- S. 2461, a bill to terminate the Crusader may be anthrax, plague, or another bi- atic approach to tracking disease out- ological weapon. Armed with the artillery system program of the Army, breaks as they occur and evolve around and for other purposes. knowledge, however, that a biological the world, is essential to any real weapons attack has in fact occurred, S. 2484 international response. doctors and nurses can examine their At the request of Mr. BAUCUS, the This country is making enormous ad- patients in a different light and, in name of the Senator from New Mexico vances on the domestic front in bioter- many cases, effectively treat infected (Mr. BINGAMAN) was added as a cospon- rorism defense. $3 billion has been ap- individuals. sor of S. 2484, a bill to amend part A of propriated for this purpose in FY 2002, Disease surveillance, a comprehen- title IV of the Social Security Act to including $1.1 billion to improve State sive reporting system to quickly iden- reauthorize and improve the operation and local public health infrastructure. tify and communicate abnormal pat- of temporary assistance to needy fami- Delaware’s share will include $6.7 mil- terns of symptoms and illnesses, can lies programs operated by Indian lion from the Centers for Disease Con- quickly alert doctors across a region tribes, and for other purposes. trol and Prevention to improve the that a suspicious disease outbreak has S. RES. 253 public health infrastructure and occurred. Epidemiological specialists At the request of Mr. SMITH of Or- $548,000 to improve hospital readiness can then investigate and combat the egon, the name of the Senator from in my State. outbreak. And if it’s a new disease or Wisconsin (Mr. KOHL) was added as a The House and Senate are currently strain, we can begin to develop treat- cosponsor of S. Res. 253, a resolution in conference to reconcile competing ments that much earlier. reiterating the sense of the Senate re- versions of a comprehensive bioter- A good surveillance system requires garding Anti-Semitism and religious rorism bill drafted last fall following trained epidemiological personnel, ade- tolerance in Europe. the anthrax attacks via the U.S. postal quate laboratory tools for quick diag- f system. Those attacks, which killed nosis, and communications equipment five individuals and infected more than to circulate information. Even in the STATEMENTS ON INTRODUCED twenty people, highlighted our domes- United States today, many States and BILLS AND JOINT RESOLUTIONS tic vulnerabilities to a biological weap- localities rely on old-fashioned pencil By Mr. BIDEN (for himself, Mr. ons attack. We need to further and paper methods of tracking disease HELMS, Mr. KENNEDY, and Mr. strengthen our Nation’s public health patterns. Thankfully, we are address- FRIST): system, improve Federal public health ing those domestic deficiencies S. 2487. A bill to provide for global laboratories, and fund the necessary re- through the bioterrorism bill in con- pathogen surveillance and response; to search and procurement for vaccines ference. the Committee on Foreign Relations. and treatments to respond better to fu- For example, in Delaware, we are de- Mr. BIDEN. Mr. President, Senator ture bioterrorist attacks. As an origi- veloping the first, comprehensive, HELMS and I are proud to introduce nal co-sponsor of the Senate bill, I state-wide electronic reporting system today the Global Pathogen Surveil- know the final package taking shape in for infectious diseases. This system lance Act of 2002. Senator HELMS is re- conference will achieve those goals and will be used as a prototype for other covering from his heart surgery and is I look forward to its enactment into states, and will enable much earlier de- unable to be here today, but let me law. tection of infectious disease outbreaks, note our joint efforts in recognizing Nevertheless, any effective response both natural and bioterrorist. I and my the importance of disease surveillance to the challenge of biological weapons congressional colleagues in the delega- and preparing this bill for introduc- must also have an international com- tion have been working for over two tion. In recent years, we have joined ponent. Limiting our response to U.S. years to get this project up and run- forces on a number of sensible foreign territory would be shortsighted and ning, and we were successful in obtain- policy initiatives and I am proud that doomed to failure. A dangerous patho- ing $2.6 million in funding for this S4148 CONGRESSIONAL RECORD — SENATE May 9, 2002 project over the past 2 years. I and my economically disastrous embargoes on paredness in the Department of Health colleagues have requested $1.4 million trade and travel. An outbreak of pneu- and Human Services. In that position, for additional funding in FY 2003, and monic plague in India this February he was vested with the responsibility we are extremely optimistic that this was detected more quickly and con- for helping organize the U.S. govern- funding will be forthcoming. tained with only a few deaths, and no ment’s response to future bioterrorist It is vitally important that we ex- costly panic. attacks. Dr. Henderson, who at the tend these initiatives into the inter- Developing nations are the weak time of the hearing was the head of the national arena. However, as many de- links in any comprehensive global dis- Johns Hopkins University Center for veloping countries are way behind us in ease surveillance network. Unless we Civilian Biodefense Strategies, was terms of public health resources, lab- take action to shore up their capabili- very clear on the value of global dis- oratories, personnel, and communica- ties to detect and contain disease out- ease surveillance: tions, these countries will need help breaks, we leave the entire world vul- In cooperation with the WHO and other just to get to the starting point we nerable to a deliberate biological weap- countries, we need to strengthen greatly our have already reached in this country. ons attack or a virulent natural epi- intelligence gathering capability. A focus on An effective disease surveillance sys- demic. international surveillance and on scientist- tem is beneficial even in the absence of It is for these reasons that Senator to-scientist communication will be nec- biological weapons attacks. Bubonic HELMS and I have worked together in essary if we are to have an early warning plague is bubonic plague, whether it is recent months to craft the Global about the possible development and produc- Pathogen Surveillance Act of 2002. This tion of biological weapons by rogue nations deliberately engineered or naturally or groups. occurring. Just as disease surveillance bill will authorize $150 million in FY can help contain a biological weapons 2003 and FY 2004 to strengthen the dis- Dr. Henderson is exactly right. We attack, it can also help contain a natu- ease surveillance capabilities of devel- cannot leave the rest of the world to rally occurring outbreak of infectious oping nations. First, the bill seeks to fend for itself in combating biological disease. According to the World Health ensure in developing nations a greater weapons and infectious diseases if we Organization, 30 new infectious dis- number of personnel trained in basic are to ensure America’s security. eases have emerged over the past thir- epidemiological techniques. It offers I ask unanimous consent that the ty years; between 1996 and 2001 alone, enhanced in-country training for med- text of the Global Pathogen Surveil- more than 800 infectious disease out- ical and laboratory personnel and the lance Act of 2002 be printed in the the breaks occurred around the world, on opportunity for select personnel to RECORD. every continent. With better surveil- come to the United States to receive There being no objection, the bill was lance, we can do a better job of miti- training in our Centers for Disease ordered to be printed in the RECORD, as gating the consequences of these dis- Control laboratories and Master of follows: ease outbreaks. Public Health programs in American S. 2487 In 2000, the World Health Organiza- universities. Second, the bill provides Be it enacted by the Senate and House of Rep- tion established the first truly global assistance to developing nations to ac- resentatives of the United States of America in disease surveillance system, the Global quire basic laboratory equipment, in- Congress assembled, Alert and Response Network, to mon- cluding items as mundane as micro- SECTION 1. SHORT TITLE. itor and track infectious disease out- scopes, to facilitate the quick diag- This Act may be cited as the ‘‘Global Pathogen Surveillance Act of 2002’’. breaks in every region of the world. nosis of pathogens. Third, the bill en- The WHO has done an impressive job so ables developing nations to obtain SEC. 2. FINDINGS; PURPOSE. (a) FINDINGS.—Congress makes the fol- far with this initiative, working on a communications equipment to quickly lowing findings: shoestring budget. But this global net- transmit data on disease patterns and (1) Bioterrorism poses a grave national se- work is only as good as its components, pathogen diagnoses, both inside a na- curity threat to the United States. The in- individual nations. Unfortunately, de- tion and to regional organizations and sidious nature of the threat, the likely de- veloping nations, those nations most the WHO. Again, we’re not talking layed recognition in the event of an attack, likely to experience rapid disease out- about fancy high-tech equipment, but and the underpreparedness of the domestic breaks, simply do not possess the basics like fax machines and Internet- public health infrastructure may produce trained personnel, the laboratory equipped computers. Finally, the bill catastrophic consequences following a bio- logical weapons attack upon the United equipment, or the public health infra- gives preference to countries that States. structure to track evolving disease pat- agree to let experts from the United (2) A contagious pathogen engineered as a terns and detect emerging pathogens. States or international organizations biological weapon and developed, tested, pro- According to a report by the Na- investigate any suspicious disease out- duced, or released in another country can tional Intelligence Council, developing breaks. quickly spread to the United States. Given nations in Africa and Asia have estab- If passed, the Global Pathogen Sur- the realities of international travel, trade, lished only rudimentary systems, if veillance Act of 2002 will go a long way and migration patterns, a dangerous patho- any at all, for disease surveillance, re- in ensuring that developing nations ac- gen released anywhere in the world can sponse, and prevention. The World quire the basic disease surveillance ca- spread to United States territory in a matter of days, before any effective quarantine or Health Organization reports that more pabilities to link up effectively with isolation measures can be implemented. than sixty percent of laboratory equip- the WHO’s global network. This bill of- (3) To effectively combat bioterrorism and ment in developing countries is either fers an inexpensive and common sense ensure that the United States is fully pre- outdated or non-functioning. solution to a problem of global propor- pared to prevent, diagnose, and contain a bi- This lack of preparedness can lead to tions, the dual threat of biological ological weapons attack, measures to tragic results. In August 1994 in Surat, weapons and naturally occurring infec- strengthen the domestic public health infra- a city in western India, a surge of com- tious diseases. The funding authorized structure and improve domestic surveillance plaints on flea infestation and a grow- is only a tiny fraction of what we will and monitoring, while absolutely essential, ing rat population was followed by a are not sufficient. spend domestically on bioterrorism de- (4) The United States should enhance co- cluster of reports on patients exhib- fenses, but this investment will pay operation with the World Health Organiza- iting the symptoms of pneumonic enormous dividends in terms of our na- tion, regional health organizations, and indi- plague. However, authorities were un- tional security. vidual countries to help detect and quickly able to connect the dots until the Let me close with an excerpt of testi- contain infectious disease outbreaks or bio- plague had spread to seven states mony from the Foreign Relations Com- terrorism agents before they can spread. across India, ultimately killing 56 peo- mittee hearing last September on bio- (5) The World Health Organization (WHO) ple and costing the Indian economy terrorism. Dr. D.A. Henderson, the man has done an impressive job in monitoring in- $600 million. Had the Indian authorities who spearheaded the successful inter- fectious disease outbreaks around the world, particularly with the establishment in April employed better surveillance tools, national campaign to eradicate small- 2000 of the Global Outbreak Alert and Re- they may well have contained the epi- pox in the 1970’s, recently stepped down sponse network. demic, limited the loss of life, and from a short-term position as the di- (6) The capabilities of the World Health Or- surely avoided the panic that led to rector of the Office of Emergency Pre- ganization are inherently limited in that its May 9, 2002 CONGRESSIONAL RECORD — SENATE S4149 disease surveillance and monitoring is only (6) To establish ‘‘lab-to-lab’’ cooperative have access, during the course of such par- as good as the data and information the relationships between United States public ticipation, to select agents that may be used World Health Organization receives from health laboratories and established foreign as, or in, a biological weapon, except in a su- member countries and are further limited by counterparts. pervised and controlled setting. the narrow range of diseases (plague, chol- (7) To expand the training and outreach ac- SEC. 6. FELLOWSHIP PROGRAM. era, and yellow fever) upon which its disease tivities of overseas United States labora- (a) ESTABLISHMENT.—There is established a surveillance and monitoring is based, and tories, including Centers for Disease Control fellowship program (in this section referred the consensus process used by the World and Prevention and Department of Defense to as the ‘‘program’’) under which the Sec- Health Organization to add new diseases to entities, to enhance the public health capa- retary, in consultation with the Secretary of the list. Developing countries in particular bilities of developing countries. Health and Human Services, and, subject to often cannot devote the necessary resources (8) To provide appropriate technical assist- the availability of appropriations, award fel- to build and maintain public health infra- ance to existing regional health networks lowships to eligible nationals of developing structures. and, where appropriate, seed money for new countries to pursue public health education (7) In particular, developing countries regional networks. or training, as follows: could benefit from— SEC. 3. DEFINITIONS. (1) MASTER OF PUBLIC HEALTH DEGREE.— (A) better trained public health profes- In this Act: Graduate courses of study leading to a mas- sionals and epidemiologists to recognize dis- (1) ELIGIBLE DEVELOPING COUNTRY.—The ter of public health degree with a concentra- ease patterns; term ‘‘eligible developing country’’ means tion in epidemiology from an institution of (B) appropriate laboratory equipment for any developing country that— higher education in the United States with a diagnosis of pathogens; (A) has agreed to the objective of fully Center for Public Health Preparedness, as de- (C) disease reporting that is based on complying with requirements of the World termined by the Centers for Disease Control symptoms and signs (known as ‘‘syndrome Health Organization on reporting public and Prevention. surveillance’’) enabling the earliest possible health information on outbreaks of infec- (2) ADVANCED PUBLIC HEALTH EPIDEMIOLOGY opportunity to conduct an effective response; tious diseases; TRAINING.—Advanced public health training (D) a narrowing of the existing technology (B) has not been determined by the Sec- in epidemiology for public health profes- gap in syndrome surveillance capabilities, retary, for purposes of section 40 of the Arms based on reported symptoms, and real-time sionals from eligible developing countries to Export Control Act (22 U.S.C. 2780), section be carried out at the Centers for Disease information dissemination to public health 620A of the Foreign Assistance Act of 1961 (22 officials; and Control and Prevention (or equivalent State U.S.C. 2371), or section 6(j) of the Export Ad- facility), or other Federal facility (excluding (E) appropriate communications equip- ministration Act of 1979 (50 U.S.C. App. 2405), ment and information technology to effi- the Department of Defense or United States to have repeatedly provided support for acts ciently transmit information and data with- National Laboratories), for a period of not of international terrorism, unless the Sec- in national and regional health networks, in- less than 6 months or more than 12 months. retary exercises a waiver certifying that it is cluding inexpensive, Internet-based Geo- (b) SPECIALIZATION IN BIOTERRORISM.—In in the national interest of the United States graphic Information Systems (GIS) for early addition to the education or training speci- to provide assistance under the provisions of recognition and diagnosis of diseases. fied in subsection (a), each recipient of a fel- this Act; and (8) An effective international capability to lowship under this section (in this section re- (C) is a state party to the Biological Weap- monitor and quickly diagnose infectious dis- ferred to as a ‘‘fellow’’) may take courses of ons Convention. ease outbreaks will offer dividends not only study at the Centers for Disease Control and (2) ELIGIBLE NATIONAL.—The term ‘‘eligible in the event of biological weapons develop- Prevention or at an equivalent facility on di- ment, testing, production, and attack, but national’’ means any citizen or national of agnosis and containment of likely bioter- also in the more likely cases of naturally oc- an eligible developing country who does not rorism agents. curring infectious disease outbreaks that have a criminal background, who is not on (c) FELLOWSHIP AGREEMENT.— could threaten the United States. Further- any immigration or other United States (1) IN GENERAL.—In awarding a fellowship more, a robust surveillance system will serve watch list, and who is not affiliated with any under the program, the Secretary, in con- to deter terrorist use of biological weapons, foreign terrorist organization. sultation with the Secretary of Health and as early detection will help mitigate the in- (3) INTERNATIONAL HEALTH ORGANIZATION.— Human Services, shall require the recipient tended effects of such malevolent uses. The term ‘‘international health organiza- to enter into an agreement under which, in (b) PURPOSE.—The purposes of this Act are tion’’ includes the World Health Organiza- exchange for such assistance, the recipient— as follows: tion and the Pan American Health Organiza- (A) will maintain satisfactory academic (1) To enhance the capability of the inter- tion. progress (as determined in accordance with national community, through the World (4) LABORATORY.—The term ‘‘laboratory’’ regulations issued by the Secretary and con- Health Organization and individual coun- means a facility for the biological, micro- firmed in regularly scheduled updates to the tries, to detect, identify, and contain infec- biological, serological, chemical, immuno- Secretary from the institution providing the tious disease outbreaks, whether the cause of hematological, hematological, biophysical, education or training on the progress of the those outbreaks is intentional human action cytological, pathological, or other examina- recipient’s education or training); or natural in origin. tion of materials derived from the human (B) will, upon completion of such education (2) To enhance the training of public body for the purpose of providing informa- or training, return to the recipient’s country health professionals and epidemiologists tion for the diagnosis, prevention, or treat- of nationality or last habitual residence (so from eligible developing countries in ad- ment of any disease or impairment of, or the long as it is an eligible developing country) vanced Internet-based syndrome surveillance assessment of the health of, human beings. and complete at least four years of employ- systems, in addition to traditional epidemi- (5) SECRETARY.—Unless otherwise provided, ment in a public health position in the gov- ology methods, so that they may better de- the term ‘‘Secretary’’ means the Secretary ernment or a nongovernmental, not-for-prof- tect, diagnose, and contain infectious disease of State. it entity in that country or, with the ap- outbreaks, especially those due to pathogens (6) SELECT AGENT.—The term ‘‘select proval of the Secretary and the government most likely to be used in a biological weap- agent’’ has the meaning given such term for concerned, in an international health organi- ons attack. purposes of section 72.6 of title 42, Code of zation; and (3) To provide assistance to developing Federal Regulations. (C) agrees that, if the recipient is unable to countries to purchase appropriate public (7) SYNDROME SURVEILLANCE.—The term meet the requirements described in subpara- health laboratory equipment necessary for ‘‘syndrome surveillance’’ means the record- graph (A) or (B), the recipient will reimburse infectious disease surveillance and diagnosis. ing of symptoms (patient complaints) and the United States for the value of the assist- (4) To provide assistance to developing signs (derived from physical examination) ance provided to the recipient under the fel- countries to purchase appropriate commu- combined with simple geographic locators to lowship, together with interest at a rate de- nications equipment and information tech- track the emergence of a disease in a popu- termined in accordance with regulations nology, including appropriate computer lation. issued by the Secretary but not higher than equipment and Internet connectivity mecha- SEC. 4. PRIORITY FOR CERTAIN COUNTRIES. the rate generally applied in connection with nisms, to facilitate the exchange of Geo- Priority in the provision of United States other Federal loans. graphic Information Systems-based syn- assistance for eligible developing countries (2) WAIVERS.—The Secretary may waive drome surveillance information and to effec- under all the provisions of this Act shall be the application of paragraph (1)(B) and (1)(C) tively gather, analyze, and transmit public given to those countries that permit per- if the Secretary determines that it is in the health information for infectious disease sonnel from the World Health Organization national interest of the United States to do surveillance and diagnosis. and the Centers for Disease Control and Pre- so. (5) To make available greater numbers of vention to investigate outbreaks of infec- (d) IMPLEMENTATION.—The Secretary, in United States Government public health pro- tious diseases on their territories. consultation with the Secretary of Health fessionals to international health organiza- SEC. 5. RESTRICTION. and Human Services, is authorized to enter tions, regional health networks, and United Notwithstanding any other provision of into an agreement with any eligible devel- States diplomatic missions where appro- this Act, no foreign nationals participating oping country under which the developing priate. in programs authorized under this Act shall country agrees— S4150 CONGRESSIONAL RECORD — SENATE May 9, 2002

(1) to establish a procedure for the nomina- as appropriate, the Centers for Disease Con- (f) ASSISTANCE FOR STANDARDIZATION OF tion of eligible nationals for fellowships trol and Prevention, to ensure interoper- REPORTING.—The President is authorized to under this section; ability with regional and international pub- provide, on such terms and conditions as the (2) to guarantee that a fellow will be of- lic health networks; and President may determine, technical assist- fered a professional public health position (4) not defense articles, defense services, or ance and grant assistance to international within the developing country upon comple- training as defined under the Arms Export health organizations (including regional tion of his studies; and Control Act. international health organizations) to facili- (3) to certify to the Secretary when a fel- (c) RULE OF CONSTRUCTION.—Nothing in tate standardization in the reporting of pub- low has concluded the minimum period of this section shall be construed to exempt the lic health information between and among employment in a public health position re- exporting of goods and technology from com- developing countries and international quired by the fellowship agreement, with an pliance with applicable provisions of the Ex- health organizations. explanation of how the requirement was met. port Administration Act of 1979 (or successor (g) HOST COUNTRY’S COMMITMENTS.—The (e) PARTICIPATION OF UNITED STATES CITI- statutes). assistance provided under this section shall ZENS.—On a case-by-case basis, the Secretary (d) LIMITATION.—Amounts appropriated to be contingent upon the host country’s com- may provide for the participation of United carry out this section shall not be made mitment to provide the resources, infra- States citizens under the provisions of this available for the purchase from a foreign structure, and other assets required to section if the Secretary determines that it is country of equipment that, if made in the house, support, maintain, secure, and maxi- in the national interest of the United States United States, would be subject to the Arms mize use of this equipment and appropriate to do so. Upon completion of such education Export Control Act or likely be barred or technical personnel. or training, a United States recipient shall subject to special conditions under the Ex- SEC. 10. ASSIGNMENT OF PUBLIC HEALTH PER- complete at least five years of employment port Administration Act of 1979 (or successor SONNEL TO UNITED STATES MIS- in a public health position in an eligible de- statutes). SIONS AND INTERNATIONAL ORGA- NIZATIONS. veloping country or the World Health Orga- (e) PROCUREMENT PREFERENCE.—In the use (a) IN GENERAL.—Upon the request of a of grant funds authorized under subsection nization. United States chief of diplomatic mission or (a), preference should be given to the pur- SEC. 7. IN-COUNTRY TRAINING IN LABORATORY an international health organization, and TECHNIQUES AND SYNDROME SUR- chase of equipment of United States manu- with the concurrence of the Secretary of VEILLANCE. facture. The use of amounts appropriated to State, the head of a Federal agency may as- (a) IN GENERAL.—In conjunction with the carry out this section shall be subject to sec- sign to the respective United States mission Centers for Disease Control and Prevention tion 604 of the Foreign Assistance Act of and the Department of Defense, the Sec- or organization any officer or employee of 1961. the agency occupying a public health posi- retary shall, subject to the availability of (f) HOST COUNTRY’S COMMITMENTS.—The as- tion within the agency for the purpose of en- appropriations, support short training sistance provided under this section shall be hancing disease and pathogen surveillance courses in-country (not in the United States) contingent upon the host country’s commit- efforts in developing countries. to laboratory technicians and other public ment to provide the resources, infrastruc- (b) REIMBURSEMENT.—The costs incurred by health personnel (who are eligible persons) ture, and other assets required to house, a Federal agency by reason of the detail of from developing countries in laboratory maintain, support, secure, and maximize use personnel under subsection (a) may be reim- techniques relating to the identification, di- of this equipment and appropriate technical bursed to that agency out of the applicable agnosis, and tracking of pathogens respon- personnel. appropriations account of the Department of sible for possible infectious disease out- SEC. 9. ASSISTANCE FOR IMPROVED COMMU- State if the Secretary determines that the breaks. Training under this section may be NICATION OF PUBLIC HEALTH IN- relevant agency may otherwise be unable to conducted in overseas facilities of the Cen- FORMATION. assign such personnel on a non-reimbursable ters for Disease Control and Prevention or in (a) ASSISTANCE FOR PURCHASE OF COMMU- basis. NICATION EQUIPMENT AND INFORMATION TECH- Overseas Medical Research Units of the De- SEC. 11. LABORATORY-TO-LABORATORY EX- partment of Defense, as appropriate. The NOLOGY.—The President is authorized to pro- CHANGE PROGRAM. Secretary shall coordinate such training vide, on such terms and conditions as the (a) AUTHORITY.—The head of a Federal courses, where appropriate, with the existing President may determine, assistance to eli- agency, with the concurrence of the Sec- programs and activities of the World Health gible developing countries for the purchase retary, is authorized to provide by grant, Organization. and maintenance of communications equip- contract, or otherwise for educational ex- (b) TRAINING IN SYNDROME SURVEILLANCE.— ment and information technology described changes by financing educational In conjunction with the Centers for Disease in subsection (b), and supporting equipment, activities— Control and Prevention and the Department necessary to effectively collect, analyze, and (1) of United States public health personnel of Defense, the Secretary shall, subject to transmit public health information. in approved public health and research lab- the availability of appropriations, establish (b) COVERED EQUIPMENT.—Equipment de- oratories in eligible developing countries; and support short training courses in-coun- scribed in this subsection is equipment and try (not in the United States) for health care that— (2) of public health personnel of eligible de- providers and other public health personnel (1) is suitable for use under the particular veloping countries in United States public from eligible developing countries in tech- conditions of the area of intended use; health and research laboratories. niques of syndrome surveillance reporting (2) meets appropriate World Health Organi- (b) APPROVED PUBLIC HEALTH LABORA- and rapid analysis of syndrome information zation standards to ensure interoperability TORIES DEFINED.—In this section, the term using Geographic Information System (GIS) with like equipment of other countries and ‘‘approved public health and research labora- tools. Training under this subsection may be international organizations; and tories’’ means non-United States Govern- conducted via the Internet or in appropriate (3) is not defense articles, defense services, ment affiliated public health laboratories facilities as determined by the Secretary. or training as defined under the Arms Export that the Secretary determines are well-es- The Secretary shall coordinate such training Control Act. tablished and have a demonstrated record of courses, where appropriate, with the existing (c) RULE OF CONSTRUCTION.—Nothing in excellence. programs and activities of the World Health this section shall be construed to exempt the SEC. 12. EXPANSION OF CERTAIN UNITED STATES Organization. exporting of goods and technology from com- GOVERNMENT LABORATORIES SEC. 8. ASSISTANCE FOR THE PURCHASE AND pliance with applicable provisions of the Ex- ABROAD. MAINTENANCE OF PUBLIC HEALTH port Administration Act of 1979 (or successor (a) IN GENERAL.—Subject to the avail- LABORATORY EQUIPMENT. statutes). ability of appropriations, the Centers for (a) AUTHORIZATION.—The President is au- (d) LIMITATION.—Amounts appropriated to Disease Control and Prevention and the De- thorized, on such terms and conditions as carry out this section shall not be made partment of Defense shall each— the President may determine, to furnish as- available for the purchase from a foreign (1) increase the number of personnel as- sistance to eligible developing countries to country of equipment that, if made in the signed to laboratories of the Centers or the purchase and maintain public health labora- United States, would be subject to the Arms Department, as appropriate, located in eligi- tory equipment described in subsection (b). Export Control Act or likely be barred or ble developing countries that conduct re- (b) EQUIPMENT COVERED.—Equipment de- subject to special conditions under the Ex- search and other activities with respect to scribed in this subsection is equipment that port Administration Act of 1979 (or successor infectious diseases; and is— statutes). (2) expand the operations of those labora- (1) appropriate, where possible, for use in (e) PROCUREMENT PREFERENCE.—In the use tories, especially with respect to the imple- the intended geographic area; of grant funds under subsection (a), pref- mentation of on-site training of foreign na- (2) necessary to collect, analyze, and iden- erence should be given to the purchase of tionals and activities affecting neighboring tify expeditiously a broad array of patho- communications (and information tech- countries. gens, including mutant strains, which may nology) equipment of United States manu- (b) COOPERATION AND COORDINATION BE- cause disease outbreaks or may be used as a facture. The use of amounts appropriated to TWEEN LABORATORIES.—Subsection (a) shall biological weapon; carry out this section shall be subject to sec- be carried out in such a manner as to foster (3) compatible with general standards set tion 604 of the Foreign Assistance Act of cooperation and avoid duplication between forth by the World Health Organization and, 1961. and among laboratories. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4151 (c) RELATION TO CORE MISSIONS AND SECU- BIDEN, HELMS, and KENNEDY in intro- ‘‘(1) an estimated 26,000,000 individuals in RITY.—The expansion of the operations of ducing the Global Pathogen Surveil- the United States care each year for 1 or overseas laboratories of the Centers or the lance Act of 2002. This bipartisan legis- more adult family members or friends who Department under this section shall not— lation will help ensure that we are bet- are chronically ill, disabled, or terminally (1) detract from the established core mis- ill; sions of the laboratories; or ter prepared globally to deal with bio- ‘‘(2) an estimated 18,000,000 children in the (2) compromise the security of those lab- logical threats and attacks. United States have chronic physical, devel- oratories, as well as their research, equip- The Global Pathogen Surveillance opmental, behavioral, or emotional condi- ment, expertise, and materials. Act of 2002 authorizes enhanced bilat- tions that demand caregiver monitoring, SEC. 13. ASSISTANCE FOR REGIONAL HEALTH eral and multilateral activities to im- management, supervision, or treatment be- NETWORKS AND EXPANSION OF prove the capacity of the United States yond that required of children generally; FOREIGN EPIDEMIOLOGY TRAINING ‘‘(3) approximately 6,000,000 children in the PROGRAMS. and our partners in the international community to detect and contain in- United States live with a grandparent or (a) AUTHORITY.—The President is author- other relative because their parents are un- ized, on such terms and conditions as the fectious diseases and biological weap- able or unwilling to care for them; President may determine, to provide assist- ons. The Global Pathogen Surveillance ‘‘(4) an estimated 165,000 children with dis- ance for the purposes of— Act will enhance the training, upgrade abilities in the United States live with a fos- (1) enhancing the surveillance and report- equipment and communications sys- ter care parent; ing capabilities for the World Health Organi- tems, and provide additional American ‘‘(5) nearly 4,000,000 individuals in the zation and existing regional health net- expertise and assistance in inter- United States of all ages who have mental works; and retardation or another developmental dis- (2) developing new regional health net- national surveillance. To better prepare our nation to meet ability live with their families; works. ‘‘(6) almost 25 percent of the Nation’s el- (b) EXPANSION OF FOREIGN EPIDEMIOLOGY the growing threat of bioterrorism, we ders experience multiple chronic disabling TRAINING PROGRAMS.—The Secretary of must put in place and maintain a com- conditions that make it necessary to rely on Health and Human Services is authorized to prehensive framework including pre- others for help in meeting their daily needs; establish new country or regional Foreign vention, preparedness and consequence ‘‘(7) every year, approximately 600,000 Epidemiology Training Programs in eligible management. To accomplish this goal, Americans die at home and many of these in- developing countries. we not only need to strengthen our dividuals rely on extensive family caregiving SEC. 14. AUTHORIZATION OF APPROPRIATIONS. local public health infrastructure do- before their death; (a) AUTHORIZATION OF APPROPRIATIONS.— mestically, but to work with our ‘‘(8) of all individuals in the United States (1) IN GENERAL.—Subject to subsection (c), needing assistance in daily living, 42 percent there are authorized to be appropriated friends and neighbors in the global are under age 65; $70,000,000 for the fiscal year 2003 and community to prevent, detect, and ap- ‘‘(9) there are insufficient resources to re- $80,000,000 for fiscal year 2004, to carry out propriately contain and respond to bio- place family caregivers with paid workers; this Act. terrorist activities outside our borders. ‘‘(10) if services provided by family care- (2) ALLOCATION OF FUNDS.—Of the amounts This is truly a global responsibility. In- givers had to be replaced with paid services, made available under paragraph (1)— fectious diseases, such as smallpox, do it would cost approximately $200,000,000,000 (A) $50,000,000 for the fiscal year 2003 and not respect borders. If we can prevent annually; $50,000,000 for the fiscal year 2004 are author- their spread in other countries around ‘‘(11) the family caregiver role is person- ized to be available to carry out sections 6, ally rewarding but can result in substantial 7, 8, and 9; the world, we can better protect our emotional, physical, and financial hardship; (B) not more than $2,000,000 shall be avail- citizens here at home. ‘‘(12) approximately 75 percent of family able for each of the fiscal years 2003 and 2004 I applaud Senators HELMS and BIDEN caregivers are women; for the specific training programs authorized for their leadership in this area. I look ‘‘(13) family caregivers often do not know in section 6, of which not more than $500,000 forward to working with them, and all where to find information about available shall be available to carry out subsection of my colleagues to ensure that we pro- respite care or how to access it; (a)(1) of such section and not more than vide appropriate authorities and fund- ‘‘(14) available respite care programs are $1,500,000 shall be available to carry out sub- ing to improve our international ef- insufficient to meet the need and are di- section (a)(2) of such section; rected at primarily lower income popu- (C) $5,000,000 for the fiscal year 2003 and forts to detect and contain infectious lations and family caregivers of the elderly, $5,000,000 for the fiscal year 2004 are author- diseases and offensive biological leaving large numbers of family caregivers ized to be available to carry out section 10; threats. without adequate support; and (D) $2,000,000 for the fiscal year 2003 and ‘‘(15) the limited number of available res- $2,000,000 for the fiscal year 2004 are author- By Mrs. CLINTON (for herself, pite care programs find it difficult to recruit ized to be available to carry out section 11; Ms. SNOWE, Ms. MIKULSKI, and appropriately trained respite workers. (E) $8,000,000 for the fiscal year 2003 and Mr. BREAUX): ‘‘(b) PURPOSES.—The purposes of this title $18,000,000 for the fiscal year 2004 are author- S. 2489. A bill to amend the Public are— ized to be available to carry out section 12; Health Service Act to establish a pro- ‘‘(1) to encourage States to establish State and gram to assist family caregivers in ac- and local lifespan respite care programs; (F) $5,000,000 for the fiscal year 2003 and ‘‘(2) to improve and coordinate the dissemi- $5,000,000 for the fiscal year 2004 are author- cessing affordable and high-quality res- pite care, and for other purposes; to the nation of respite care information and re- ized to be available to carry out section 13. sources to family caregivers; (b) AVAILABILITY OF FUNDS.—The amount Committee on Health, Education, ‘‘(3) to provide, supplement, or improve appropriated pursuant to subsection (a) is Labor, and Pensions. respite care services to family caregivers; authorized to remain available until ex- Mrs. CLINTON. Mr. President, I ask ‘‘(4) to promote innovative, flexible, and pended. unanimous consent that the text of the comprehensive approaches to— (c) REPORTING REQUIREMENT.— bill be printed in the RECORD. ‘‘(A) the delivery of respite care; (1) REPORT.—Not later than 90 days after ‘‘(B) respite care worker and volunteer re- the date of enactment of this Act, the Sec- There being no objection, the bill was cruitment and training programs; and retary shall submit a report, in conjunction ordered to be printed in the RECORD, as ‘‘(C) training programs for family care- with the Secretary of Health and Human follows: givers to assist such family caregivers in Services and the Secretary of Defense, S. 2489 making informed decisions about respite containing— Be it enacted by the Senate and House of Rep- care services; (A) a description of the implementation of resentatives of the United States of America in ‘‘(5) to support evaluative research to iden- programs under this Act; and Congress assembled, tify effective respite care services that al- (B) an estimate of the level of funding re- leviate, reduce, or minimize any negative quired to carry out those programs at a suf- SECTION 1. SHORT TITLE. consequences of caregiving; and ficient level. This Act may be cited as the ‘‘Lifespan Respite Care Act of 2002’’. ‘‘(6) to promote the dissemination of re- (2) LIMITATION ON OBLIGATION OF FUNDS.— sults, findings, and information from pro- Not more than 10 percent of the amount ap- SEC. 2. LIFESPAN RESPITE CARE. grams and research projects relating to res- propriated pursuant to subsection (a) may be The Public Health Service Act (42 U.S.C. pite care delivery, family caregiver strain, obligated before the date on which a report 201 et seq.) is amended by adding at the end respite care worker and volunteer recruit- is submitted, or required to be submitted, the following: ment and training, and training programs whichever first occurs, under paragraph (1). ‘‘TITLE XXVIII—LIFESPAN RESPITE CARE for family caregivers that assist such family Mr. FRIST. Mr. President, I rise to ‘‘SEC. 2801. FINDINGS AND PURPOSES. caregivers in making informed decisions join with my colleagues Senators ‘‘(a) FINDINGS.—Congress finds that— about respite care services. S4152 CONGRESSIONAL RECORD — SENATE May 9, 2002

‘‘SEC. 2802. DEFINITIONS. ‘‘(c) FEDERAL LIFESPAN APPROACH.—In car- ent in the absence of the family caregiver; ‘‘In this title: rying out this section, the Associate Admin- and ‘‘(1) ASSOCIATE ADMINISTRATOR.—The term istrator shall work in cooperation with the ‘‘(xii) the results expected from proposed ‘Associate Administrator’ means the Asso- National Family Caregiver Support Program respite care activities and the procedures to ciate Administrator of the Maternal and Officer of the Administration on Aging, and be used for evaluating those results; and Child Health Bureau of the Health Resources respite care program officers in the Adminis- ‘‘(C) assurances that, where appropriate, and Services Administration. tration for Children and Families, the Ad- the applicant shall have a system for main- ‘‘(2) CONDITION.—The term ‘condition’ ministration on Developmental Disabilities, taining the confidentiality of care recipient includes— and the Substance Abuse and Mental Health and family caregiver records. ‘‘(A) Alzheimer’s disease and related dis- Services Administration, to ensure coordina- ‘‘(e) REVIEW OF APPLICATIONS.— orders; tion of respite care services for family care- ‘‘(1) ESTABLISHMENT OF REVIEW PANEL.— ‘‘(B) developmental disabilities; givers of individuals of all ages with special The Associate Administrator shall establish ‘‘(C) mental retardation; needs. a panel to review applications submitted ‘‘(D) physical disabilities; ‘‘(d) APPLICATION.— under this section. ‘‘(E) chronic illness, including cancer; ‘‘(1) SUBMISSION.—Each eligible recipient ‘‘(2) MEETINGS.—The panel shall meet as ‘‘(F) behavioral, mental, and emotional desiring to receive a grant or cooperative often as may be necessary to facilitate the conditions; agreement under this section shall submit an expeditious review of applications. ‘‘(G) cognitive impairments; application to the Associate Administrator ‘‘(3) FUNCTION OF PANEL.—The panel shall— ‘‘(H) situations in which there exists a high at such time, in such manner, and con- ‘‘(A) review and evaluate each application risk of abuse or neglect or of being placed in taining such information as the Associate submitted under this section; and the foster care system due to abuse and ne- Administrator shall require. ‘‘(B) make recommendations to the Asso- glect; ‘‘(2) CONTENTS.—Each application sub- ciate Administrator concerning whether the ‘‘(I) situations in which a child’s parent is mitted under this section shall include— application should be approved. unavailable due to the parent’s death, inca- ‘‘(A) a description of the applicant’s— ‘‘(f) AWARDING OF GRANTS OR COOPERATIVE pacitation, or incarceration; or ‘‘(i) understanding of respite care and fam- AGREEMENTS.— ‘‘(J) any other conditions as the Associate ily caregiver issues; ‘‘(1) IN GENERAL.—The Associate Adminis- Administrator may establish by regulation. ‘‘(ii) capacity to ensure meaningful in- trator shall award grants or cooperative ‘‘(3) ELIGIBLE RECIPIENT.—The term ‘eligi- volvement of family members, family care- agreements from among the applications ap- ble recipient’ means— givers, and care recipients; and proved by the panel under subsection (e)(3). ‘‘(iii) collaboration with other State and ‘‘(A) a State agency; ‘‘(2) PRIORITY.—When awarding grants or ‘‘(B) any other public entity that is capa- community-based public, nonprofit, or pri- cooperative agreements under this sub- ble of operating on a statewide basis; vate agencies; section, the Associate Administrator shall ‘‘(C) a private, nonprofit organization that ‘‘(B) with respect to the population of fam- give priority to applicants that show the is capable of operating on a statewide basis; ily caregivers to whom respite care informa- greatest likelihood of implementing or en- ‘‘(D) a political subdivision of a State that tion or services will be provided or for whom hancing lifespan respite care statewide. has a population of not less than 3,000,000 in- respite care workers and volunteers will be ‘‘(g) USE OF GRANT OR COOPERATIVE AGREE- dividuals; or recruited and trained, a description of— MENT FUNDS.— ‘‘(E) any recognized State respite coordi- ‘‘(i) the population; ‘‘(1) IN GENERAL.— nating agency that has— ‘‘(ii) the extent and nature of the respite ‘‘(A) MANDATORY USES OF FUNDS.—Each eli- ‘‘(i) a demonstrated ability to work with care needs of the population; gible recipient that is awarded a grant or co- other State and community-based agencies; ‘‘(iii) existing respite care services for the operative agreement under this section shall ‘‘(ii) an understanding of respite care and population, including numbers of family use the funds for, unless such a program is in family caregiver issues; and caregivers being served and extent of unmet existence— ‘‘(iii) the capacity to ensure meaningful in- need; ‘‘(i) the development of lifespan respite volvement of family members, family care- ‘‘(iv) existing methods or systems to co- care at the State and local levels; and givers, and care recipients. ordinate respite care information and serv- ‘‘(ii) an evaluation of the effectiveness of ‘‘(4) FAMILY CAREGIVER.—The term ‘family ices to the population at the State and local such care. level and extent of unmet need; caregiver’ means an unpaid family member, ‘‘(B) DISCRETIONARY USES OF FUNDS.—Each a foster parent, or another unpaid adult, who ‘‘(v) how respite care information dissemi- eligible recipient that is awarded a grant or provides in-home monitoring, management, nation and coordination, respite care serv- cooperative agreement under this section supervision, or treatment of a child or adult ices, respite care worker and volunteer re- may use the funds for— with a special need. cruitment and training programs, or train- ‘‘(i) respite care services; ‘‘(5) LIFESPAN RESPITE CARE.—The term ing programs for family caregivers that as- ‘‘(ii) respite care worker and volunteer ‘lifespan respite care’ means a coordinated sist such family caregivers in making in- training programs; or system of accessible, community-based res- formed decisions about respite care services ‘‘(iii) training programs for family care- pite care services for family caregivers of in- will be provided using grant or cooperative givers to assist such family caregivers in dividuals regardless of the individual’s age, agreement funds; making informed decisions about respite race, ethnicity, or special need. ‘‘(vi) a plan for collaboration and coordina- care services. tion of the proposed respite care activities ‘‘(6) RESPITE CARE.—The term ‘respite care’ ‘‘(C) EVALUATION.—If an eligible recipient means planned or emergency care provided with other related services or programs of- uses funds awarded under this section for an to an individual with a special need— fered by public or private, nonprofit entities, activity described in subparagraph (B), the ‘‘(A) in order to provide temporary relief to including area agencies on aging; eligible recipient shall use funds for an eval- the family caregiver of that individual; or ‘‘(vii) how the population, including family uation of the effectiveness of the activity. caregivers, care recipients, and relevant pub- ‘‘(B) when the family caregiver of that in- ‘‘(2) SUBCONTRACTS.—Each eligible recipi- dividual is unable to provide care. lic or private agencies, will participate in ent that is awarded a grant or cooperative ‘‘(7) SPECIAL NEED.—The term ‘special the planning and implementation of the pro- agreement under this section may use the need’ means the particular needs of an indi- posed respite care activities; funds to subcontract with a public or non- vidual of any age who requires care or super- ‘‘(viii) how the proposed respite care ac- profit agency to carry out the activities de- vision because of a condition in order to tivities will make use, to the maximum ex- scribed in paragraph (1). meet the individual’s basic needs or to pre- tent feasible, of other Federal, State, and ‘‘(h) TERM OF GRANTS OR COOPERATIVE vent harm to the individual. local funds, programs, contributions, other AGREEMENTS.— ‘‘SEC. 2803. LIFESPAN RESPITE CARE GRANTS forms of reimbursements, personnel, and fa- ‘‘(1) IN GENERAL.—The Associate Adminis- AND COOPERATIVE AGREEMENTS. cilities; trator shall award grants or cooperative ‘‘(a) PURPOSES.—The purposes of this sec- ‘‘(ix) respite care services available to fam- agreements under this section for terms that tion are— ily caregivers in the applicant’s State or lo- do not exceed 5 years. ‘‘(1) to expand and enhance respite care cality, including unmet needs and how the ‘‘(2) RENEWAL.—The Associate Adminis- services to family caregivers; applicant’s plan for use of funds will improve trator may renew a grant or cooperative ‘‘(2) to improve the statewide dissemina- the coordination and distribution of respite agreement under this section at the end of tion and coordination of respite care; and care services for family caregivers of individ- the term of the grant or cooperative agree- ‘‘(3) to provide, supplement, or improve ac- uals of all ages with special needs; ment determined under paragraph (1). cess and quality of respite care services to ‘‘(x) the criteria used to identify family ‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds family caregivers, thereby reducing family caregivers eligible for respite care services; made available under this section shall be caregiver strain. ‘‘(xi) how the quality and safety of any res- used to supplement and not supplant other ‘‘(b) AUTHORIZATION.—Subject to sub- pite care services provided will be mon- Federal, State, and local funds available for section (f), the Associate Administrator is itored, including methods to ensure that res- respite care services. authorized to award grants or cooperative pite care workers and volunteers are appro- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— agreements to eligible recipients who submit priately screened and possess the necessary There are authorized to be appropriated to an application pursuant to subsection (d). skills to care for the needs of the care recipi- carry out this section— May 9, 2002 CONGRESSIONAL RECORD — SENATE S4153 ‘‘(1) $90,500,000 for fiscal year 2003; per patient per day, and it is difficult ond Lieutenant Hugh Foster worked ‘‘(2) $118,000,000 for fiscal year 2004; to offer high quality services under with them to develop their own unique ‘‘(3) $145,500,000 for fiscal year 2005; those circumstances. We must work to- code for military words. He gave the ‘‘(4) $173,000,000 for fiscal year 2006; and gether to pass this important legisla- Indians a list of military words and ‘‘(5) $200,000,000 for fiscal year 2007. tion to protect our seniors, and to en- then worked with them to develop a ‘‘SEC. 2804. NATIONAL LIFESPAN RESPITE RE- SOURCE CENTER. sure that skilled nursing facilities will Comanche word or phrase for those ‘‘(a) ESTABLISHMENT.—From funds appro- still be there when the rest of us need words. priated under subsection (c), the Associate them in only a few short years. On June 6, 1944, just after landing in Administrator shall award a grant or cooper- Normandy, a Comanche trained by Lt. ative agreement to a public or private non- By Mr. INHOFE: Foster and serving as a driver and profit entity to establish a National Re- S. 2491. A bill to authorize the Presi- radio operator under Brigadier General source Center on Lifespan Respite Care (re- dent to award a gold medal on behalf of Theodore Roosevelt, Jr, sent one of the ferred to in this section as the ‘center’). Congress to the Choctaw and Coman- first messages from Utah Beach. These ‘‘(b) PURPOSES OF THE CENTER.—The center che code talkers in recognition of the communications efforts, by the Coman- shall— ‘‘(1) maintain a national database on life- contributions provided by those indi- ches, helped the Allies win the war in span respite care; viduals to the United States; to the Europe. ‘‘(2) provide training and technical assist- Committee on Banking, Housing, and It is time Congress officially recog- ance to State, community, and nonprofit res- Urban Affairs. nizes these men. My bill directs the pite care programs; and Mr. INHOFE. Mr. President, today I Secretary of the Treasury to award the ‘‘(3) provide information, referral, and edu- rise to introduce a bill to honor a Choctaw and Comanche Code Talkers a cational programs to the public on lifespan group of men who bravely served this gold medal as a result of their great respite care. country. I am proud to recognize the commitment and service on behalf of ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— the United States during World Wars I There are authorized to be appropriated to Choctaw and Comanche Code Talkers carry out this section $500,000 for each of fis- who joined the United States Armed and II. I welcome my colleagues to join cal years 2003 through 2007.’’. Forces on foreign soil in the fight for me in saluting this group of heroes for freedom in two world wars. contributing to the fight for freedom By Mr. TORRICELLI (for himself During World War I, the Germans for our country and around the world. and Mr. SMITH of Oregon): began tapping American lines, creating S. 2490. A bill to amend title XVIII of the need to provide secure communica- By Mr. CLELAND: S. 2492. A bill to amend title 5, the Social Security Act to ensure the tions. Despite the fact that American United States Code, to require that quality of, and access to, skilled nurs- Indians were not citizens, 18 members agencies, in promulgating rules, take ing facility services under the Medi- of the Choctaw Nation enlisted to be- into consideration the impact of such care Program; to the Committee on Fi- come the first American Indian sol- rules on the privacy of individuals, and nance. diers to use their native language to for other purposes; to the Committee Mr. SMITH of Oregon. Mr. President, transmit messages between the Allied on Governmental Affairs. I rise today to join my colleague, Sen- forces. Mr. CLELAND. Mr. President, I rise ator TORRICELLI, in introducing the At least one Choctaw man was placed today to introduce legislation, the Fed- Medicare Skilled Nursing Beneficiary in each field company headquarters. He eral Agency Protection of Privacy Act, Protection Act of 2002, a bill that will would translate radio messages into that will require Federal agencies to bring better care to thousands of Or- the Choctaw language and then write carefully consider the impact of pro- egon seniors. field orders to be carried by messengers posed regulations on individual pri- Nursing homes across America are in between different companies on the vacy. In the aftermath of the terrorist trouble, and it’s not just Wall Street battle line. Fortunately, because Choc- attacks of September 11, we are being analysts who will tell you that. The taw was an unwritten language only forced to fight a new kind of war; a war people who rely on nursing home serv- understood by those who spoke it, the in which we have not only physical ices the most can share with you their Germans were never able to break the battlefields, but battlefields of prin- concerns about the future of skilled code. ciple. nursing care. Impending cuts to Medi- The 18 Choctaw Code Talkers who Not only must we have troops on the care benefits for skilled nursing facili- served in the 142nd Infantry Company ground protecting our physical well- ties will jeopardize the health and safe- of the 36th Division were: Albert Billy, being, but we must also insure that we ty of some of our most vulnerable sen- Victor Brown, Mitchell Bobb, Ben protect the American way of life. Ours iors and people with disabilities, and Carterby, George Davenport, Joe Dav- is a country based on individual we cannot in good conscience allow enport, James Edwards, Tobias Frazier, rights—rights to pursue life, liberty, these cuts to occur. The Medicare Ben Hampton, Noel Johnson, Otis and happiness, as Thomas Jefferson Skilled Nursing Beneficiary Protection Leader, Soloman Louis, Pete mentioned in the manner in which each Act of 2002 will prevent cuts to Medi- Maytubby, Jeff Nelson, Joseph of us sees fit. care funding for nursing homes and Oklahombi, Robert Taylor, Walter While we are obligated, as a Govern- will ensure that Medicare pays for the Veach, and Calvin Wilson. ment, to protect the physical safety of full cost of care rather than short- Similarly, the Comanche Code Talk- the American people, we also are obli- changing nursing facilities. ers played an important role during gated to remember our history, our This bill will be particularly impor- World War II. Once again, the enemy struggles, and the principles for which tant for Oregon. My State of Oregon is began tapping American lines. In order our great Nation stands. While we en- home to an ever growing population of to establish the secure transmission of hance and strengthen our investigatory senior citizens, and we are predicted to messages, the United States enlisted tools and physical arsenal, we cannot be the 4th oldest State in the union by fourteen Comanche Code Talkers who allow the terrorists to prevail in under- the year 2020. As our citizens age, and served overseas in the 4th Signal Com- mining our civil liberties. I am among that aging group, it will be pany of the 4th Infantry Division. They Therefore, today, I am introducing essential that we have the capacity to were: Charles Chibitty, Haddon the Federal Agency Protection of Pri- care for our most needy seniors. Unfor- Codynah, Robert Holder, Forrest vacy Act in the Senate as companion tunately, instead of increasing capac- Kassanavoid, Wellington Mihecoby, Al- legislation to H.R. 4561, which was in- ity we are seeing skilled nursing facili- bert Nahquaddy, Jr., Clifford Ototivo, troduced by Representative BOB BARR, ties close all over the country. This Simmons Parker, Melvin Permansu, a long-time champion of civil liberties could have disastrous consequences for Elgin Red Elk, Roderick Red Elk, in the U.S. Congress. It will impose a an already over-taxed health care sys- Larry Saupitty, Morris Tabbyetchy, mandate that when Federal agencies tem. and Willis Yackeshi. are required to publish a general notice Without the Medicare Skilled Nurs- The Army chose the Comanches be- of proposed rulemaking, they must ing Beneficiary Protection Act, Or- cause their language was thought to be publish an accompanying ‘‘privacy im- egon’s nursing homes will lose $37.58 the least known to the Germans. Sec- pact statement.’’ This initial privacy S4154 CONGRESSIONAL RECORD — SENATE May 9, 2002 impact statement, written in terms SEC. 2. REQUIREMENT THAT AGENCY RULE- ‘‘(iv) provides security for such informa- which all of us can understand, would MAKING TAKE INTO CONSIDER- tion. ATION IMPACTS ON INDIVIDUAL PRI- ‘‘(B) A summary of the significant issues be subject to public notice and com- VACY. ment. After receiving and evaluating raised by the public comments in response to (a) IN GENERAL.—Title 5, United States the initial privacy impact analysis, a sum- any comments, the agency would then Code, is amended by adding after section 553 mary of the assessment of the agency of such be required to include a final privacy the following: issues, and a statement of any changes made impact statement with the regulation. ‘‘§ 553a. Privacy impact analysis in rule- in the proposed rule as a result of such These initial and final privacy im- making issues. pact statements would include: the ‘‘(a) INITIAL PRIVACY IMPACT ANALYSIS.— ‘‘(C) A description of the steps the agency type of information to be collected and ‘‘(1) IN GENERAL.—Whenever an agency is has taken to minimize the significant pri- how it would be used; mechanisms required by section 553 of this title, or any vacy impact on individuals consistent with other law, to publish a general notice of pro- the stated objectives of applicable statutes, through which individuals could cor- including a statement of the factual, policy, rect inaccuracies in the collected infor- posed rulemaking for any proposed rule, or publishes a notice of proposed rulemaking and legal reasons for selecting the alter- mation; assurances that the informa- for an interpretative rule involving the in- native adopted in the final rule and why each tion would not be used for a purpose ternal revenue laws of the United States, the one of the other significant alternatives to other than initially specified; and a de- agency shall prepare and make available for the rule considered by the agency which af- scription of how the information will public comment an initial privacy impact fect the privacy interests of individuals was be secured by the agency. For example, analysis. Such analysis shall describe the rejected. the Financial Crime Enforcement Net- impact of the proposed rule on the privacy of ‘‘(3) AVAILABILITY TO PUBLIC.—The agency individuals. The initial privacy impact anal- shall make copies of the final privacy impact work of the Department of the Treas- analysis available to members of the public ury has proposed a rule implementing ysis or a summary shall be signed by the sen- ior agency official with primary responsi- and shall publish in the Federal Register provisions of the USA PATRIOT Act of bility for privacy policy and be published in such analysis or a summary thereof. 2001 which would encourage financial the Federal Register at the time of the publi- ‘‘(c) PROCEDURE FOR WAIVER OR DELAY OF institutions and Federal law enforce- cation of a general notice of proposed rule- COMPLETION.—An agency head may waive or ment agencies to share information in making for the rule. delay the completion of some or all of the re- order to identify and deter money laun- ‘‘(2) CONTENTS.—Each initial privacy im- quirements of subsections (a) and (b) to the dering and terrorist activity. While I pact analysis required under this subsection same extent as the agency head may, under fully support the Patriot Act and rec- shall contain the following: section 608, waive or delay the completion of some or all of the requirements of sections ognize the benefits of such a rule, the ‘‘(A) A description and assessment of the extent to which the proposed rule will im- 603 and 604, respectively. sensitivity of such information neces- pact the privacy interests of individuals, in- ‘‘(d) PROCEDURES FOR GATHERING COM- sitates that we insure that the agency cluding the extent to which the proposed MENTS.—When any rule is promulgated which consider the ramifications of such an rule— may have a significant privacy impact on in- invasion on an individual’s privacy. ‘‘(i) provides notice of the collection of per- dividuals, or a privacy impact on a substan- The American people must know spe- sonally identifiable information, and speci- tial number of individuals, the head of the cifically how this financial information fies what personally identifiable information agency promulgating the rule or the official would be used and how it would be pro- is to be collected and how it is to be col- of the agency with statutory responsibility for the promulgation of the rule shall assure tected. The purpose, importance, and lected, maintained, used, and disclosed; ‘‘(ii) allows access to such information by that individuals have been given an oppor- timeliness of this legislation have the person to whom the personally identifi- tunity to participate in the rulemaking for brought together a wide variety of sup- able information pertains and provides an the rule through techniques such as— porting organizations, ranging from opportunity to correct inaccuracies; ‘‘(1) the inclusion in an advance notice of the American Civil Liberties Union to ‘‘(iii) prevents such information, which is proposed rulemaking, if issued, of a state- the National Rifle Association to Pub- collected for one purpose, from being used ment that the proposed rule may have a sig- lic Citizen. for another purpose; and nificant privacy impact on individuals, or a While I have been and continue to be ‘‘(iv) provides security for such informa- privacy impact on a substantial number of tion. individuals; a strong supporter of the war on ter- ‘‘(B) A description of any significant alter- ‘‘(2) the publication of a general notice of rorism, I am also well aware that we natives to the proposed rule which accom- proposed rulemaking in publications of na- face a multi-faceted enemy. My experi- plish the stated objectives of applicable stat- tional circulation likely to be obtained by ence has taught me that diverse utes and which minimize any significant pri- individuals; threats necessitate diverse responses. vacy impact of the proposed rule on individ- ‘‘(3) the direct notification of interested in- We have planned for our offensives on uals. dividuals; the ground and in the air, and we have ‘‘(b) FINAL PRIVACY IMPACT ANALYSIS.— ‘‘(4) the conduct of open conferences or begun to mount a stronger homeland ‘‘(1) IN GENERAL.—Whenever an agency pro- public hearings concerning the rule for indi- mulgates a final rule under section 553 of viduals, including soliciting and receiving defense. But our efforts will be incom- this title, after being required by that sec- comments over computer networks; and plete and will indeed run the risk of tion or any other law to publish a general ‘‘(5) the adoption or modification of agency undermining all else we may accom- notice of proposed rulemaking, or promul- procedural rules to reduce the cost or com- plish in the fight against terrorism if gates a final interpretative rule involving plexity of participation in the rulemaking by we neglect to mount a successful de- the internal revenue laws of the United individuals. fense of the American way. I believe States, the agency shall prepare a final pri- ‘‘(e) PERIODIC REVIEW OF RULES.— that this legislation is necessary to vacy impact analysis, signed by the senior ‘‘(1) IN GENERAL.—Each agency shall carry protect the American people from at- agency official with primary responsibility out a periodic review of the rules promul- for privacy policy. gated by the agency that have a significant tacks seen and unseen, and I encourage ‘‘(2) CONTENTS.—Each final privacy impact privacy impact on individuals, or a privacy other Senators to join me in protecting analysis required under this subsection shall impact on a substantial number of individ- the liberties for which I know we all contain the following: uals. Under such periodic review, the agency stand. ‘‘(A) A description and assessment of the shall determine, for each such rule, whether I ask unanimous consent that the extent to which the final rule will impact the rule can be amended or rescinded in a text of the bill be printed in the the privacy interests of individuals, includ- manner that minimizes any such impact ing the extent to which the proposed rule— while remaining in accordance with applica- RECORD. ‘‘(i) provides notice of the collection of per- ble statutes. For each such determination, There being no objection, the bill was sonally identifiable information, and speci- the agency shall consider the following fac- ordered to be printed in the RECORD, as fies what personally identifiable information tors: follows: is to be collected and how it is to be col- ‘‘(A) The continued need for the rule. S. 2492 lected, maintained, used, and disclosed; ‘‘(B) The nature of complaints or com- ‘‘(ii) allows access to such information by ments received from the public concerning Be it enacted by the Senate and House of Rep- the person to whom the personally identifi- the rule. resentatives of the United States of America in able information pertains and provides an ‘‘(C) The complexity of the rule. Congress assembled, opportunity to correct inaccuracies; ‘‘(D) The extent to which the rule overlaps, SECTION 1. SHORT TITLE. ‘‘(iii) prevents such information, which is duplicates, or conflicts with other Federal This Act may be cited as the ‘‘Federal collected for one purpose, from being used rules, and, to the extent feasible, with State Agency Protection of Privacy Act’’. for another purpose; and and local governmental rules. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4155 ‘‘(E) The length of time since the rule was under any other provision of law or to grant was one of the Democratic Principles last reviewed under this subsection. any other relief in addition to the require- that Representative GEPHARDT and I ‘‘(F) The degree to which technology, eco- ments of this subsection. introduced last fall. nomic conditions, or other factors have ‘‘(6) RECORD OF AGENCY ACTION.—In an ac- Unfortunately, another important changed in the area affected by the rule tion for the judicial review of a rule, the pri- since the rule was last reviewed under this vacy impact analysis for such rule, including provision was not included in the bor- subsection. an analysis prepared or corrected pursuant der security legislation, the extension ‘‘(2) PLAN REQUIRED.—Each agency shall to paragraph (4), shall constitute part of the of section 245(i). It would allow fami- carry out the periodic review required by entire record of agency action in connection lies to stay together in this country paragraph (1) in accordance with a plan pub- with such review. while waiting to become permanent lished by such agency in the Federal Reg- ‘‘(7) EXCLUSIVITY.—Compliance or non- residents. ister. Each such plan shall provide for the re- compliance by an agency with the provisions As I have said on many occasions, I view under this subsection of each rule pro- of this section shall be subject to judicial re- mulgated by the agency not later than 10 view only in accordance with this sub- am strongly committed to a meaning- years after the date on which such rule was section. ful 245(i) extension. Regrettably, the published as the final rule and, thereafter, ‘‘(8) SAVINGS CLAUSE.—Nothing in this sub- House waited 6 months to act on 245(i) not later than 10 years after the date on section bars judicial review of any other im- legislation that the Senate passed last which such rule was last reviewed under this pact statement or similar analysis required September. This delay meant that key subsection. The agency may amend such by any other law if judicial review of such provisions in the bill became unwork- plan at any time by publishing the revision statement or analysis is otherwise permitted in the Federal Register. able. The House-passed version con- by law. tained hard deadlines that would have ‘‘(3) ANNUAL PUBLICATION.—Each year, each ‘‘(g) DEFINITION.—In this section, the term agency shall publish in the Federal Register ‘personally identifiable information’— required applicants to have established a list of the rules to be reviewed by such ‘‘(1) means information that can be used to familial or employment relationships agency under this subsection during the fol- identify an individual, including such indi- before August 2001. These deadlines lowing year. The list shall include a brief de- vidual’s name, address, telephone number, would have imposed impractical hur- scription of each such rule and the need for photograph, social security number or other dles for immigrant families to over- and legal basis of such rule and shall invite identifying information; and public comment upon the determination to come. ‘‘(2) includes information about such indi- Today, I am pleased to announce that be made under this subsection with respect vidual’s medical or financial condition.’’. to such rule. (b) PERIODIC REVIEW TRANSITION PROVI- I am introducing a new 245(i) extension ‘‘(f) JUDICIAL REVIEW.— SIONS.— bill that would remove these hard ‘‘(1) IN GENERAL.—For any rule subject to (1) INITIAL PLAN.—For each agency, the deadlines. My bill would move the ap- this section, an individual who is adversely plan required by subsection (e) of section plication deadline to April 30, 2003, and affected or aggrieved by final agency action 553a of title 5, United States Code (as added maintain current prohibitions against is entitled to judicial review of agency com- by subsection (a)), shall be published not pliance with the requirements of subsections fraudulent marriages and national se- later than 180 days after the date of enact- curity protections. (b) and (c) in accordance with chapter 7. ment of this Act. Agency compliance with subsection (d) shall This bill mirrors the version that was (2) PRIOR RULES.—In the case of a rule pro- be judicially reviewable in connection with mulgated by an agency before the date of the introduced by Senators HAGEL and judicial review of subsection (b). enactment of this Act, such plan shall pro- KENNEDY last spring, and it should re- ‘‘(2) JURISDICTION.—Each court having ju- vide for the periodic review of such rule be- ceive strong bipartisan support. I know risdiction to review such rule for compliance fore the expiration of the 10-year period be- both the President and Senator LOTT with section 553, or under any other provi- ginning on the date of the enactment of this sion of law, shall have jurisdiction to review have repeatedly expressed their desire Act. For any such rule, the head of the agen- any claims of noncompliance with sub- to pass 245(i) legislation. It is my hope cy may provide for a 1-year extension of such sections (b) and (c) in accordance with chap- that they will work with me to help period if the head of the agency, before the ter 7. Agency compliance with subsection (d) expiration of the period, certifies in a state- get it passed very soon. shall be judicially reviewable in connection ment published in the Federal Register that I ask unanimous consent that the with judicial review of subsection (b). reviewing such rule before the expiration of text of the bill be printed in the ‘‘(3) LIMITATIONS.— the period is not feasible. The head of the RECORD. ‘‘(A) An individual may seek such review during the period beginning on the date of agency may provide for additional 1-year ex- There being no objection, the bill was final agency action and ending 1 year later, tensions of the period pursuant to the pre- ordered to be printed in the RECORD, as except that where a provision of law requires ceding sentence, but in no event may the pe- follows: that an action challenging a final agency ac- riod exceed 15 years. (c) CONGRESSIONAL REVIEW.—Section S. 2493 tion be commenced before the expiration of 1 801(a)(1)(B) of title 5, United States Code, is Be it enacted by the Senate and House of Rep- year, such lesser period shall apply to an ac- amended— resentatives of the United States of America in tion for judicial review under this sub- (1) by redesignating clauses (iii) and (iv) as Congress assembled, section. clauses (iv) and (v), respectively; and ‘‘(B) In the case where an agency delays SECTION 1. SHORT TITLE. (2) by inserting after clause (ii) the fol- the issuance of a final privacy impact anal- This Act may be cited as the ‘‘Uniting lowing new clause: ysis pursuant to subsection (c), an action for Families Act of 2002’’. ‘‘(iii) the agency’s actions relevant to sec- judicial review under this section shall be SEC. 2. LIMITED EXTENSION OF SECTION 245(i) tion 553a;’’. filed not later than— PROGRAM. (d) CLERICAL AMENDMENT.—The table of (a) EXTENSION OF FILING DEADLINE.—Sec- ‘‘(i) 1 year after the date the analysis is sections at the beginning of chapter 5 of title tion 245(i)(1)(B)(i) of the Immigration and made available to the public; or 5, United States Code, is amended by adding Nationality Act (8 U.S.C. 1255(i)(1)(B)(i)) is ‘‘(ii) where a provision of law requires that after the item relating to section 553 the fol- amended by striking ‘‘on or before April 30, an action challenging a final agency regula- lowing: tion be commenced before the expiration of 2001’’ and inserting ‘‘on or before April 30, ‘‘553a. Privacy impact analysis in rule- the 1-year period, the number of days speci- 2003’’. making.’’. fied in such provision of law that is after the (b) EXCLUSION OF CERTAIN INADMISSIBLE AND DEPORTABLE ALIENS.—The amendment date the analysis is made available to the By Mr. DASCHLE (for himself, public. made by subsection (a) shall not apply to ‘‘(4) RELIEF.—In granting any relief in an Mr. KENNEDY, and Mr. DODD): any alien who is— action under this subsection, the court shall S. 2493. A bill to amend the immigra- (1) inadmissible under section 212(a)(3), or order the agency to take corrective action tion and Nationality Act to provide a deportable under section 237(a)(4), of the Im- consistent with this section and chapter 7, limited extension of the program under migration and Nationality Act (relating to including, but not limited to— section 245(i) of that Act; to the Com- security and related grounds); or ‘‘(A) remanding the rule to the agency; and mittee on the Judiciary. (2) deportable under section 237(a)(1)(G) of ‘‘(B) deferring the enforcement of the rule Mr. DASCHLE. Mr. President, yester- such Act (relating to marriage fraud). against individuals, unless the court finds day, the House passed the border secu- (c) EFFECTIVE DATE.—The amendment that continued enforcement of the rule is in rity legislation, and I expect it will be- made by subsection (a) shall apply to appli- the public interest. cants for adjustment of status who are ‘‘(5) RULE OF CONSTRUCTION.—Nothing in come law very soon. Passage of the beneficaries of petitions for classification or this subsection shall be construed to limit border security bill was an important applications for labor certifications filed be- the authority of any court to stay the effec- first step in moving forward with com- fore, on, or after the date of enactment of tive date of any rule or provision thereof prehensive immigration reform, and it this Act. S4156 CONGRESSIONAL RECORD — SENATE May 9, 2002 Mr. KENNEDY. Mr. President, since Mr. MCCAIN. Mr. President, I rise to from the City of Holbrook and a letter September 11, Congress has taken sig- introduce legislation to authorize ex- of support from NPCA be printed in the nificant steps to strengthen the secu- pansion of the Petrified Forest Na- RECORD. rity of our borders and improve our im- tional Park in Arizona. There being no objection, the mate- migration system. Last month, the The Petrified Forest National Park is rial was ordered to be printed in the Senate passed important legislation to a national treasure among the Nation’s RECORD, as follows: strengthen border security, improve parks, renowned for its large con- RESOLUTION NO. 00–15 our ability to screen foreign nationals, centration of highly colored petrified A RESOLUTION OF THE CITY OF HOLBROOK, ARI- and enhance our ability to deter poten- wood, fossilized remains, and spectac- ZONA ENDORSING THE EXPANSION OF PET- tial terrorists. In addition, Senator ular landscapes. However, it is much RIFIED FOREST NATIONAL PARK BROWNBACK and I recently introduced more than a colorful, scenic vista, for Whereas, Petrified Forest National Park, legislation to restructure the Immigra- the Petrified Forest has been referred first established in 1906, is a priceless and ir- tion and Naturalization Service so that to as ‘‘one of the world’s greatest replaceable part of America’s heritage; and Whereas, Petrified Forest National Park the agency is better prepared to ad- storehouses of knowledge about life on contains a variety of significant natural and dress security concerns. earth when the Age of the Dinosaurs cultural resources, including portions of the As we work to respond to the secu- was just beginning.’’ Painted Desert and some of the most valu- rity issues before us, we can’t lose For anyone who has ever visited this able paleontological resources in the world; sight of the other immigration issues Park, one is quick to recognize the and that are still a priority. I’m pleased to wealth of scenic, scientific, and histor- Whereas, Petrified Forest National Park join Senator DASCHLE in moving for- ical values of this Park. Preserved de- has inspired and educated millions of visitors ward with one of those issues today by posits of petrified wood and related fos- from all over the world, and is cherished as introducing the Uniting Families Act a national treasure to be protected for the sils are among the most valuable rep- benefit and enjoyment of present and future of 2002. This legislation extends section resentations of Triassic-period terres- generations; and 245(i), a vital provision of U.S. immi- trial ecosystems in the world. These Whereas, the Chinle Formation which cre- gration law which allows individuals natural formations were deposited ates the spectacularly beautiful landscapes who already legally qualify for perma- more than 220 million years ago. Scenic of the Painted Desert, Blue Mesas, and other nent residency to process their applica- vistas, designated wilderness areas, and park features, is probably the best place in tions in the United States, without re- other historically significant sites of the world for studying the Triassic period of the earth’s history; and turning to their homes countries. pictographs and Native American ruins Without 245(i), immigrants are forced Whereas, globally and nationally signifi- are added dimensions to the Park. cant paleontological, archaeological, and to leave their families here in the U.S. The Petrified Forest was originally scenic resources directly related to the re- and risk separation from them for up designated as a National Monument by source values of Petrified Forest National to 10 years. Seventy-five percent of the former President Theodore Roosevelt Park, including approximately 70 percent of people who have used 245(i) are the in 1906 to protect the important nat- the Chinle Formation, are not included with- spouses and children of U.S. citizens ural and cultural resources of the in the current boundary; and Whereas, the newly approved General Man- and permanent residents. Extending Park, and later re-designated as a Na- this critical provision will help keep agement Plan for the park, prepared by the tional Park in 1962. While several National Park Service with broad public families together and help businesses boundary adjustments were made to retain critical workers. In addition, the input, has identified about 97,000 acres of the Park, a significant portion of un- land that, if included as part of the park, INS will receive millions of dollars in protected resources remain in outlying would lead to protection of the remainder of additional revenues, at no cost to tax- areas adjacent to the Park. this globally significant Chinle Formation, payers. A proposal to expand the Park’s along with highly significant archaeological Extending 245(i) does not provide any boundaries was recommended in the resources, and would protect the beautiful, loopholes for potential terrorists. In- Park’s General Management Plan in expansive vistas seen from the park; and stead, it will improve the monitoring Whereas, land use patterns in the area of 1992, in response to concerns about the the park are beginning to change, poten- of immigrants already residing in this long-term protection needs of globally country. Individuals who qualify for tially threatening the protection of the park significant resources and the Park’s and the broader setting in which it is placed; permanent residency and process their viewshed in nearby areas. For example, and applications in the U.S. are subject to one of the most concentrated deposits Whereas, implementing the General Man- rigorous background checks and inter- of petrified wood is found within the agement Plan is essential to carry out a vi- views. This process provides the gov- Chinle encarpment, of which only thir- sion for Petrified Forest National Park that ernment a good opportunity to inves- will better protect park resources, enhance ty percent is included within the cur- tigate individuals who are in this coun- research opportunities, broaden and diversify rent Park boundaries. try and determine whether they should visitor experiences, improve visitor service, Increasing reports of theft and van- be allowed to remain here. and help contribute to the sustainability of dalism around the Park have activated Section 245(i) does not provide am- the regional economy into the 21st century; the Park, local communities, and other and nesty to immigrants or any benefits to interested entities to seek additional Whereas, an excellent opportunity now ex- anyone suspected of marriage fraud. protections through a proposed bound- ists to include adjacent areas of significant The provision provides no protection ary expansion. It has been estimated resources inside the park boundary because from deportation if someone is here il- other landowners in the region, including the that visitors to the Park steal about 12 legally and no right to surpass other State of Arizona, and the Bureau of Land tons of petrified wood every year. immigrants waiting for visas. Management, and other private landowners The House passed legislation recently Other reports of destruction to archae- recognize the significance of the resources on to extend section 245(i), but it was too ological sites and gravesites have also their lands and have expressed interest in been documented. Based on these con- seeing them preserved in perpetuity for the restrictive to provide any meaningful benefit and inspiration of this and future assistance. The Uniting Families Act tinuing threats to resources intrinsic to the Park, the National Parks Con- generations: Now, therefore, be it will extend the filing deadline to April Resolved, That the City of Holbrook, Ari- 30, 2003, and provide needed and well- servation Association listed the Pet- zona, hereby recommends and supports the deserved relief to members of our im- rified Forest National Park on its list inclusion within Petrified Forest National migrant communities. of Top Ten Most Endangered Parks in Park of all lands identified in the park’s I urge my colleagues to join us in 2000. General Management Plan as desirable supporting this needed extension. Support for this proposed boundary boundary additions, and supports all con- expansion is extraordinary, from the tinuing efforts to enact legislation to accom- By Mr. MCCAIN: local community of Holbrook, sci- plish this task and to complete the federal S. 2494. A bill to revise the boundary entific and research institutions, state acquisition of this land. Be it further Resolved, That the Clerk of the City of Hol- of the Petrified Forest National Park tourism agencies, and environmental brook is directed to immediately transmit in the State of Arizona and for other groups, such as the National Park Con- this Resolution to the Governor of the State purposes; to the Committee on Energy servation Association, NPCA. I ask of Arizona, Arizona’s Congressional delega- and Natural Resources. unanimous consent that a resolution tion, and the Director of the National Park May 9, 2002 CONGRESSIONAL RECORD — SENATE S4157 Service, together with a letter requesting Last year, we urged Congress to approve areas, and it is my hope that necessary steps prompt and ongoing support for completing the park expansion. Since then, looters have will be taken to accomplish this program. the park expansion. wrecked about 400 gravesites near the park’s We have been fortunate to have foresighted eastern boundary. people in the past who have maintained this NATIONAL PARKS Congress has been understandably pre- wonderful place for us, and we must be CONSERVATION ASSOCIATION, occupied with other issues. But a critical equally diligent now to see that our children Washington, DC, May 9, 2002. window of opportunity is about to close. and grandchildren will have it to enjoy for Hon. JOHN MCCAIN, Elections are coming up, and Arizona’s years in the future. U.S. Senate, Russell Senate Office Bldg., Wash- new, larger delegation could take time to ington, DC. come together on this issue. Landowners Mr. MCCAIN. The legislation I am in- DEAR SENATOR MCCAIN: The National around Petrified Forest are tired of waiting troducing today is intended to serve as Parks Conservation Association (NPCA) to sell to the government and are beginning a placeholder bill for further develop- commends you for your leadership and vision to subdivide their land. The National Parks ment of a boundary expansion pro- in introducing the Petrified Forest National Conservation Association, and Albuquerque- posal. Several key issues remain that Park Expansion Act of 2002. Ever since NPCA based non-profit group, is running out of re- published a Park Boundary Study for various sources to push for the expansion. require resolution, including the exact national parks in 1988, we have been advo- And the destruction, of course, continues definition of the expanded boundary cating the need for this expansion. With pri- unabated. acreage, and the disposition, and pos- vate landowners anxious to sell their land, BOUNDARIES MISJUDGED sible acquisition, of private, Federal, we believe the time is ripe for this expan- When Petrified Forest was protected al- and State lands within the proposed ex- sion. most a century ago, originally as a national pansion area. It is hard to imagine a better example of monument, the goal was simple: Save some an outdoor classroom than Petrified Forest It’s encouraging to note that the four pretty fossilized wood. And that’s how the major landowners within the proposed National Park. This boundary expansion will boundaries were picked. ensure long-term protection of globally sig- Now we realize that area in northeastern boundary expansion area have ex- nificant paleontological resources, poten- Arizona is a treasure chest, with world-class pressed interest in the Park expansion. tially nationally significant archaeological paleontology, pueblo ruins, striking Other public landowners, primarily the resources where there is substantial evidence petroglyphs and, of course, the marvelous State of Arizona and the Bureau of of early habitation, and the park’s viewshed. trees that turned to stone millions of years Land Management, have recognized the It will also alleviate the threat of encroach- ago. significance of the paleontological re- ing incompatible development and will But without a park expansion, many of greatly enhance the National Park Service’s these treasures will remain outside the pro- sources on its lands adjacent to the capability to protect the resources from van- tection of federal law. Among them: Park. The Arizona State Trust Land dalism and illegal pothunting. The Chinle Escarpment, now only partially Department closed nearby State trust Just as Theodore Roosevelt recognized the within the park, has the world’s best terres- lands to both surface and subsurface importance of preserving this land when he trial fossils of plants and animals from the applications. Additionally, the Bureau proclaimed Petrified Forest a national late Triassic period, including early di- of Land Management has identified its monument in 1906, your legislation would en- nosaurs. The escarpment has yielded the ear- land-holdings within the proposed ex- sure that future generations can learn even liest known sample of amber. more from this amazing landscape that cap- Rainbow Forest Badlands are rich in fossils pansion area for disposal and possible ture’s the world’s best record of Triassic-pe- and include grazing land for the national transfer to the Park. riod terrestrial ecosystems and prehistoric park’s herd of pronghorn antelope Other issues involving additional pri- human occupation through an array of arti- Dead Wash Petroglyphs has panels of rock vate landholders and State trust lands facts and ‘‘trees turned to stone.’’ art and pueblo sites of prehistoric people. NPCA looks forward to working with you Canyon Butte, a dramatic landmark, in- must still be resolved. In particular, and your staff to advance this legislation. cludes pueblo ruins with signs of warfare. the State of Arizona has specific con- Sincerely, Expanding the park’s boundaries appears cerns which must be addressed as the THOMAS C. KIERNAN. unlikely to stir controversy in Congress. legislation moves through the process, Mr. MCCAIN. Mr. President, edi- Sen. Jon Kyl, R–Ariz., previously landed $2 particularly with regard to compensa- million in federal funding for land purchases. tion to the State for any acquisitions torials from Arizona State newspapers But we all know that the best ideas can get also encourage a boundary expansion lost in the blizzard of bills in Congress. of State trust lands by the Secretary of for the Park. I ask unanimous consent We applaud Hayworth and McCain for Interior, in keeping with the require- that articles from the Arizona Republic pressing forward with the park expansion. ments of State law. and the Holbrook Tribune News regard- While there’s still something left to save. I fully intend to address these issues ing the park expansion proposal be in consultation with affected entities [From the Holbrook (AZ) Tribune-News, Oct. printed in the RECORD. 27, 2000] and resolve any additional questions There being no objection, the edi- within a reasonable time-frame. A his- torials were ordered to be printed in PARK’S PROPOSED EXPANSION Now under study is a plan to expand the toric opportunity exists to alleviate the RECORD, as follows: Petrified Forest National Park’s boundaries major threats to these nationally sig- [From the Arizona Republic, May 3, 2002] by about 97,000 acres to afford protection to nificant resources and preserve them EXPANDING PETRIFIED FOREST CAN SAVE this priceless natural treasure. It deserves for our posterity. TREASURES—POTHUNTERS, LOOTERS RAV- our interest and support. I look forward to working with my AGING PARK AREA Thanks to the efforts of President Theo- colleagues on both sides of the aisle to Looters and pothunters are ravaging the dore Roosevelt and others back in 1906, the land around Petrified Forest National Park. park has been preserved for us to enjoy near- ensure swift consideration and enact- The property should be inside the park. A ly a century later. Now it is time to take the ment of this proposal. Time is of the decade ago, the Park Service decided Pet- necessary steps to protect the park for our essence to ensure the long-term protec- rified Forest’s boundaries should be ex- posterity. tion of these rare and important re- panded to include the priceless paleontology, The land involved surrounds the existing sources for the enjoyment and edu- archaeology and other resources in adjoining park. Some of it is publicly owned, and some cational value for future generations. areas. is privately owned. But the proposal has rarely gotten off the Presumably the public agencies owning I ask unanimous consent that the congressional back burner. property adjacent to the park understand text of the bill be printed in the Until now. Arizona Republicans Rep. J.D. Hayworth how important it is to enlarge the park and RECORD. and Sen. John McCain are preparing bills to offer protection to its resources. It is my un- There being no objection, the bill was expand Petrified Forest. The plan is to add derstanding that most, if not all, of the ordered to be printed in the RECORD, as 140,000 acres, more than doubling the 93,500- major private property owners also support follows: acre park. this expansion plan. They can’t move too fast. The problem is that as these privately S. 2494 The assets they’re trying to protect are owned parcels are subdivided, it makes it Be it enacted by the Senate and House of Rep- under heavy assault. more and more difficult to acquire the prop- resentatives of the United States of America in A pothunter recently smashed through an erty for the expansion. And each year, the Congress assembled, 800-year-old prehistoric Indian site while issue will become more difficult, with more searching for booty. Someone else unearthed owners to deal with. SECTION 1. SHORT TITLE. a massive petrified tree, nearly 5 feet in di- The addition of this acreage to the Pet- This Act may be cited as the ‘‘Petrified ameter, and prepared to hack it into market- rified Forest National Park will help pre- Forest National Park Expansion Act of able chunks. serve these natural and cultural heritage 2002’’. S4158 CONGRESSIONAL RECORD — SENATE May 9, 2002 SEC. 2. FINDINGS AND PURPOSE. Service administrative jurisdiction over any ing similar legislation through their (a) FINDINGS.—Congress finds that— land under the jurisdiction of the Secretary body. (1) the Petrified Forest National Park was that— I ask unanimous consent that the established— (1) is depicted on the map as being within text of the bill be printed in the (A) to preserve and interpret the globally the boundaries of the Park; and significant paleontological resources of the (2) is not under the administrative jurisdic- RECORD. Park that are generally regarded as the most tion of the National Park Service on the There being no objection, the bill was important record of the Triassic period in date of enactment of this Act. ordered to be printed in the RECORD, as natural history; and (c) GRAZING.— follows: (B) to manage those resources to retain (1) IN GENERAL.—The Secretary shall per- S. 2495 significant cultural, natural, and scenic val- mit the continuation of grazing on land Be it enacted by the Senate and House of Rep- ues; transferred to the Secretary under this Act, resentatives of the United States of America in (2) significant paleontological, archae- subject to applicable laws (including regula- Congress assembled, ological, and scenic resources directly re- tions) and Executive orders. SECTION 1. DESIGNATION. lated to the resource values of the Park are (2) TERMINATION OF LEASES OR PERMITS.— located in land areas adjacent to the bound- Nothing in this subsection prohibits the Sec- The United States courthouse located at aries of the Park; retary from accepting the voluntary termi- 100 Federal Plaza in Central Islip, New York, (3) those resources not included within the nation of a grazing permit or grazing lease shall be known and designated as the boundaries of the Park— within the Park. ‘‘Alfonse M. D’Amato United States Court- (A) are vulnerable to theft and desecration; (d) AMENDMENT TO GENERAL MANAGEMENT house’’. and PLAN.—Not later than 1 year after the date SEC. 2. REFERENCES. (B) are disappearing at an alarming rate; of enactment of this Act, the Secretary shall Any reference in a law, map, regulation, (4) the general management plan for the amend the general management plan for the document, paper, or other record of the Park includes a recommendation to expand Park to address the use and management of United States to the United States court- the boundaries of the Park and incorporate any additional land acquired under this Act. house referred to in section 1 shall be deemed additional globally significant paleontolog- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. to be a reference to the ‘‘Alfonse M. D’Amato ical deposits in areas adjacent to the Park— There are authorized to be appropriated United States Courthouse’’. (A) to further protect nationally signifi- such sums as are necessary to carry out this cant archaeological sites; and Act. By Mr. BAUCUS (for himself and (B) to protect the scenic integrity of the Mr. GRASSLEY): landscape and viewshed of the Park; and By Mr. DOMENICI (for himself, S. 2498. A bill to amend the Internal (5) a boundary adjustment at the Park will Mr. BIDEN, Mr. LOTT, Mr. Revenue Code of 1986 to require ade- alleviate major threats to those nationally DASCHLE, Mr. SHELBY, Mr. REID, quate disclosure of transactions which significant resources. (b) PURPOSE.—The purpose of this Act is to Mr. NICKLES, Mr. TORRICELLI, have a potential for tax avoidance or authorize the Secretary of the Interior to ac- Mr. BURNS, Mr. SCHUMER, Mr. evasion, and for other purposes; to the quire 1 or more parcels of land— GREGG, Mrs. CLINTON, Mr. Committee on Finance. (1) to expand the boundaries of the Park; DEWINE, Mr. MCCAIN, Mr. Mr. BAUCUS. Mr. President, Garri- and MCCONNELL, Mr. CHAFEE, Mr. son Keillor is quoted as saying, ‘‘I be- (2) to protect the rare paleontological and ALLARD, Mr. BROWNBACK, Mr. lieve in looking reality straight in the archaeological resources of the Park. CRAPO, Mr. SANTORUM, Mr. eye and denying it.’’ That approach is SEC. 3. DEFINITIONS. In this Act: COCHRAN, Mr. BOND, Mrs. perhaps what some would like us to do (1) MAP.—The term ‘‘map’’ means the map HUTCHISON, Mr. THOMPSON, Ms. with respect to the increasing problem entitled ‘‘Proposed Boundary Adjustments, COLLINS, Mr. CRAIG, Mr. KYL, of the use of abusive tax shelters to Petrified Forest National Park’’, numbered Mr. ENSIGN, Mr. INHOFE, Mr. avoid or evade taxes. But I do not ll, and dated llll. ALLEN, Mr. HAGEL, Mr. agree. (2) PARK.—The term ‘‘Park’’ means the VOINOVICH, Mr. STEVENS, Mr. The Tax Shelter Transparency Act Petrified Forest National Park in the State. WARNER, Mr. SPECTER, Mr. that I introduce today doesn’t deny re- (3) SECRETARY.—The term ‘‘Secretary’’ SMITH of Oregon, Mr. BUNNING, ality, rather, it shines some trans- means the Secretary of the Interior. MITH parency on reality so that we have a (4) STATE.—The term ‘‘State’’ means the Mr. S of New Hampshire, State of Arizona. and Mr. INOUYE): better understanding of what is going SEC. 4. BOUNDARY REVISION. S. 2495. A bill to designate the United on out there. Following Enron’s bank- (a) IN GENERAL.—The boundary of the Park States courthouse located at 100 Fed- ruptcy, I think that all Americans is revised to include approximately lll eral Plaza in Central Islip, New York, have a greater appreciation for the acres, as generally depicted on the map. as the ‘‘Alfonse M. D’Amato United need for greater transparency in com- (b) AVAILABILITY OF MAP.—The map shall States Courthouse’’; to the Committee plex tax transactions. be on file and available for public inspection in the appropriate offices of the National on Environment and Public Works. The legislation is the product of over Park Service. Mr. DOMENICI. Mr. President, I rise 2 years of review and public comment. SEC. 5. ACQUISITION OF ADDITIONAL LAND. today to introduce a bill in honor of The Tax Shelter Transparency Act also (a) PRIVATE LAND.—The Secretary may ac- former Senator Alfonse M. D’Amato on incorporates tax shelter proposals re- quire from a willing seller, by purchase, ex- behalf of myself and 40 of my col- leased by the Department of the Treas- change, or by donation, any private land or leagues thus far. I am sure there will ury the day before the Senate Finance interests in private land within the revised be more. Committee’s March 21, 2002 hearing on boundary of the Park. It recently came to my attention (b) STATE LAND.— the subject. (1) IN GENERAL.—The Secretary may, with that the Federal courthouse in Central As I stated at the hearing, ‘‘the Fi- the consent of the State and in accordance Islip, Long Island, did not have a name nance Committee is committed to with State law, acquire from the State any so I thought to myself: What a shame. helping combat these carefully engi- State land or interests in State land within This beautiful new courthouse does not neered transactions. These trans- the revised boundary of the Park by pur- even have a name, and I concluded that actions have little or no economic sub- chase or exchange. it was time to rectify the oversight. stance, are designed to achieve unwar- (2) PLAN.—Not later than 2 years after the Who better than Alfonse D’Amato, a ranted tax benefits rather than busi- date of enactment of this Act, the Secretary shall, in coordination with the State, de- great Senator from New York, who had ness profit, and place honest corporate velop a plan for acquisition of State land or more than a little bit to do with pro- competitors at a disadvantage.’’ interests in State land identified for inclu- viding the people of the Empire State The proliferation of tax shelters has sion within the revised boundary of the with public buildings to conduct the been called ‘‘the most significant com- Park. business of government and justice. pliance problem currently confronting SEC. 6. ADMINISTRATION. Forty of my colleagues concur that we our system of self-assessment.’’ Less (a) IN GENERAL.—Subject to applicable ought to name this U.S. courthouse the than 2 years ago, there was a more laws, all land and interests in land acquired ‘‘Alfonse M. D’Amato United States positive outlook regarding the Govern- under this Act shall be administered by the Secretary as part of the Park. Courthouse.’’ I believe that is the right ment’s ability to curb the promotion (b) TRANSFER OF JURISDICTION.—The Sec- thing to do. I understand the U.S. Rep- and use of abusive tax shelters. The De- retary shall transfer to the National Park resentatives from New York are mov- partment of the Treasury and the IRS May 9, 2002 CONGRESSIONAL RECORD — SENATE S4159 issued regulations requiring disclosure posals to discourage their participation subject to a penalty of $10,000 for each of certain transactions and requiring in abusive tax transactions. additional business day that the re- developers and promoters of tax-engi- Reportable Listed Transactions are quested information is not provided. neered transactions to maintain cus- transactions specifically identified by The legislation adds a provision au- tomer lists. Also, the IRS had prevailed the Department of the Treasury as thorizing the Treasury Department to in several court cases against the use ‘‘tax avoidance transactions.’’ These censure tax advisors or impose mone- of transactions lacking in economic are transactions specifically classified tary sanctions against tax advisors and substance. by Treasury as bad transactions, essen- firms that participate in tax shelter ac- Unfortunately, the honesty and in- tially the worst of the worst. Failure tivities and practice before the IRS. tegrity of our tax system has suffered by the taxpayer to disclose the trans- I am pleased that this legislation is significant blows over the past 2 years. action results in a separate strict li- the product of working closely with my Court decisions have shifted from deci- ability, nonwaivable flat dollar penalty good friend, and the ranking member of sions tough on tax avoidance and eva- of $200,000 for large taxpayers and the Finance Committee, Senator sion to court defeats for the IRS. Also, $100,000 for small taxpayers. GRASSLEY. I appreciate Senator GRASS- there appears to be a lack of compli- Additionally, if the taxpayer is re- LEY’s cosponsorship of the Tax Shelter ance with the disclosure legislation quired to file with the Securities and Transparency Act and his commitment passed in 1997 and the subsequent regu- Exchange Commission, the penalty to work as a bipartisan front to shine lations. must be reported to the SEC. If the some light on these abusive tax shelter The corporate tax returns filed in taxpayer discloses the questionable transactions. 2001 are the first returns filed under transaction, they are not subject to the I ask unanimous consent that the the new tax shelter disclosure require- flat dollar penalty or the SEC report- text of the bill be printed in the ments. The administration provided ing. The SEC reporting requirement is RECORD. the Finance Committee with the re- a critical element to improving the dis- There being no objection, the bill was sults of their analysis of the disclosure closure of transactions. The amount of ordered to be printed in the RECORD, as data, including their analysis of what tax penalty is relatively insignificant follows: was not disclosed. to the tax benefits generated by abu- S. 2498 Only 272 transactions were disclosed sive tax shelter transactions. Corpora- Be it enacted by the Senate and House of Rep- by 99 corporate taxpayers. There are tions, however, have a strong incentive resentatives of the United States of America in approximately 100,000 corporate tax- not to trigger a penalty that must be Congress assembled, payers under the Large and Midsize SECTION 1. SHORT TITLE; AMENDMENT OF 1986 reported to the SEC. CODE; TABLE OF CONTENTS. Business Division at the IRS yet only Failure to disclose a reportable listed (a) SHORT TITLE.—This Act may be cited as 99 of them made a disclosure under the transaction that results in a tax under- the ‘‘Tax Shelter Transparency Act’’. current regime. Based on the Finance statement will be subject to a higher, (b) AMENDMENT OF 1986 CODE.—Except as Committee hearing, it is safe to say 30 percent, strict liability, nonwaivable otherwise expressly provided, whenever in that the administration, as did Con- accuracy-related penalty which must this Act an amendment or repeal is ex- gress, thought the number of disclo- be reported to the SEC. pressed in terms of an amendment to, or re- Reportable Avoidance Transactions peal of, a section or other provision, the ref- sures would be much greater. erence shall be considered to be made to a Clearly, the past method of reactive, are transactions that fall into one of section or other provision of the Internal ad-hoc closing down of abusive trans- the several objective criteria estab- Revenue Code of 1986. actions does little to discourage the lished by the Department of the Treas- (c) TABLE OF CONTENTS.— creation and exploitation of many shel- ury which have a potential for tax Sec. 1. Short title; amendment of 1986 code; ters. avoidance or evasion. Based on current table of contents. These transactions may be good for a regulations and the proposals put for- TITLE I—TAXPAYER-RELATED corporation’s bottom line, but they are ward by the administration, we antici- PROVISIONS bad for the economy. Here’s why: abu- pate these transactions would include Sec. 101. Penalty for failing to disclose re- sive corporate tax shelters create a tax but would not be limited to: significant portable transaction. benefit without any corresponding eco- loss transactions; transactions with Sec. 102. Increase in accuracy-related pen- nomic benefit. There’s no new product. alties for listed transactions brief asset holding periods; trans- and other reportable trans- No technological innovation. Just a actions marketed under conditions of actions having a tax avoidance tax break. confidentiality; transactions subject to purpose. As with the Senate Finance Com- indemnification agreements; and trans- Sec. 103. Modifications of substantial under- mittee draft legislation released last actions with a certain amount of book- statement penalty for non- August, the Tax Shelter Transparency tax difference. reportable transactions. Act emphasizes disclosure. Disclosure Failure by the taxpayer to disclose Sec. 104. Tax shelter exception to confiden- is critical to the Government’s ability the questionable reportable avoidance tiality privileges relating to taxpayer communications. to identify and address abusive tax transaction results in a separate strict TITLE II—PROMOTER AND PREPARER avoidance and evasion arrangements. liability, nonwaivable flat dollar pen- RELATED PROVISIONS Under the bill, if the taxpayer has en- alty of $100,000 for large taxpayers and Subtitle A—Provisions Relating To tered into a questionable transaction $50,000 for small taxpayers. Reportable Transactions and fails to disclose the transaction, Reportable Avoidance Transactions Sec. 201. Disclosure of reportable trans- then the taxpayer is subject to tough are then subject to a filter to deter- actions. penalties for not disclosing and higher mine whether there is a significant Sec. 202. Modifications to penalty for failure penalties if an understatement results. purpose of tax avoidance. Transactions to register tax shelters. The legislation separates trans- entered into with a significant purpose Sec. 203. Modification of penalty for failure actions into one of three types of of tax avoidance are subject to harsher to maintain lists of investors. Sec. 204. Modification of actions to enjoin transactions for purposes of disclosure treatment in the form of higher pen- specified conduct related to tax and penalties: Reportable Listed Trans- alties. shelters and reportable trans- actions, Reportable Avoidance Trans- The legislation enhances the Govern- actions. actions, and a catch-all category for ment’s ability to enjoin promoters. Subtitle B—Other Provisions Other Transactions. The legislation Most significantly, the legislation in- Sec. 211. Understatement of taxpayer’s li- also addresses the role of each of the creases the penalty imposed on tax ability by income tax return players involved in abusive tax shel- shelter promoters who refuse to main- preparer. ters: including the taxpayer who buys, tain lists of their tax shelter investors. Sec. 212. Report on effectiveness of penalty the promoter who markets, and the tax If a promoter fails to provide the IRS on failure to report interests in advisor who provides an opinion ‘‘en- with a list of investors in a reportable foreign financial accounts. Sec. 213. Frivolous tax submissions. dorsing’’ the tax-engineered arrange- transaction within 20 days after receipt Sec. 214. Regulation of individuals prac- ment. The legislation focuses on each of a written request by the IRS to pro- ticing before the Department of of these participants and contains pro- vide such a list, the promoter would be Treasury. S4160 CONGRESSIONAL RECORD — SENATE May 9, 2002 Sec. 215. Penalty on promoters of tax shel- transaction at a rate prescribed under sec- capital losses which would (without regard ters. tion 6662(i)(3), to section 1211) be allowed for such year, TITLE I—TAXPAYER-RELATED the requirement to pay such penalty shall be shall be treated as an increase in taxable in- PROVISIONS disclosed in such reports filed by such person come. ‘‘(2) ITEMS TO WHICH SUBSECTION APPLIES.— SEC. 101. PENALTY FOR FAILING TO DISCLOSE for such periods as the Secretary shall speci- REPORTABLE TRANSACTION. fy. Failure to make a disclosure in accord- This subsection shall apply to any item (a) IN GENERAL.—Part I of subchapter B of ance with the preceding sentence shall be which is attributable to— chapter 68 (relating to assessable penalties) treated as a failure to which the penalty ‘‘(A) any listed transaction, or is amended by inserting after section 6707 under subsection (b)(2) applies. ‘‘(B) any reportable transaction (other the following new section: ‘‘(e) COORDINATION WITH OTHER PEN- than a listed transaction) if a significant ALTIES purpose of such transaction is the avoidance ‘‘SEC. 6707A. PENALTY FOR FAILURE TO INCLUDE .—The penalty imposed by this section REPORTABLE TRANSACTION INFOR- is in addition to any penalty imposed under or evasion of Federal income tax. MATION WITH RETURN OR STATE- section 6662.’’ ‘‘(3) HIGHER PENALTY FOR NONDISCLOSED MENT. (b) CONFORMING AMENDMENT.—The table of LISTED AND OTHER AVOIDANCE TRANS- ‘‘(a) IMPOSITION OF PENALTY.—Any person sections for part I of subchapter B of chapter ACTIONS.—In the case of any portion of a re- who fails to include with any return or state- 68 is amended by inserting after the item re- portable transaction income tax understate- ment any information required to be in- lating to section 6707 the following: ment attributable to a transaction to which cluded under subchapter A of chapter 61 with ‘‘Sec. 6707A. Penalty for failure to include re- section 6664(c)(1) does not apply by reason of respect to a reportable transaction shall pay portable transaction informa- section 6664(c)(2)(A), the rate of tax under a penalty in the amount determined under tion with return or statement.’’ subsection (a)(2) shall be increased by 5 per- subsection (b). cent (10 percent in the case of a listed trans- (c) EFFECTIVE DATE.—The amendments ‘‘(b) AMOUNT OF PENALTY.— action). made by this section shall apply to trans- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(4) DEFINITIONS AND SPECIAL RULES.—For paragraphs (2) and (3), the amount of the actions entered into after the date of the en- purposes of this subsection— penalty under subsection (a) shall be $50,000. actment of this Act. ‘‘(A) REPORTABLE AND LISTED TRANS- ‘‘(2) LISTED TRANSACTION.—The amount of SEC. 102. INCREASE IN ACCURACY-RELATED PEN- ACTIONS.—The terms ‘reportable transaction’ the penalty under subsection (a) with respect ALTIES FOR LISTED TRANSACTIONS and ‘listed transaction’ have the respective AND OTHER REPORTABLE TRANS- to a listed transaction shall be $100,000. ACTIONS HAVING A TAX AVOIDANCE meanings given to such terms by section ‘‘(3) INCREASE IN PENALTY FOR LARGE ENTI- PURPOSE. 6707A(c). TIES AND HIGH NET WORTH INDIVIDUALS.— (a) INCREASE IN PENALTY.—Subsection (a) ‘‘(B) COORDINATION WITH DETERMINATIONS ‘‘(A) IN GENERAL.—In the case of a failure of section 6662 (relating to imposition of pen- OF WHETHER OTHER UNDERSTATEMENTS ARE under subsection (a) by— alty) is amended to read as follows: SUBSTANTIAL.—Reportable transaction in- ‘‘(i) a large entity, or ‘‘(a) IMPOSITION OF PENALTY.— come tax understatements shall be taken ‘‘(ii) a high net worth individual, ‘‘(1) IN GENERAL.—If this section applies to into account under subsection (d)(1) in deter- the penalty under paragraph (1) or (2) shall any portion of an underpayment of tax re- mining whether any understatement (which be twice the amount determined without re- quired to be shown on a return, there shall is not a reportable transaction income tax gard to this paragraph. be added to the tax an amount equal to 20 understatement) is a substantial understate- ‘‘(B) LARGE ENTITY.—For purposes of sub- percent of the portion of the underpayment ment. paragraph (A), the term ‘large entity’ means, to which this section applies. ‘‘(C) SPECIAL RULE FOR AMENDED RE- with respect to any taxable year, a person ‘‘(2) UNDERSTATEMENT OF INCOME TAX AT- TURNS.—Except as provided in regulations, in (other than a natural person) with gross re- TRIBUTABLE TO LISTED TRANSACTIONS OR no event shall any tax treatment included ceipts for the taxable year or the preceding OTHER REPORTABLE TRANSACTIONS HAVING A with an amendment or supplement to a re- taxable year in excess of $10,000,000. Rules SIGNIFICANT TAX AVOIDANCE PURPOSE.—If a turn of tax be taken into account in deter- similar to the rules of paragraph (2) and sub- taxpayer has a reportable transaction in- mining the amount of any reportable trans- paragraphs (B), (C), and (D) of paragraph (3) come tax understatement (as defined in sub- action income tax understatement if the of section 448(c) shall apply for purposes of section (i)) for any taxable year, there shall amendment or supplement is filed after the this subparagraph. be added to the tax an amount equal to 20 earlier of the date the taxpayer is first con- ‘‘(C) HIGH NET WORTH INDIVIDUAL.—The percent of the amount of the understate- tacted by the Secretary regarding the exam- term ‘high net worth individual’ means a ment. Except as provided in subsection ination of the return or such other date as is natural person whose net worth exceeds (i)(4)(B), such understatement shall not be specified by the Secretary.’’ $2,000,000. taken into account for purposes of paragraph (c) REASONABLE CAUSE EXCEPTION.—Sub- ‘‘(c) DEFINITIONS.—For purposes of this (1).’’ section (c) of section 6664 (relating to reason- section— (b) REPORTABLE TRANSACTION INCOME TAX able cause exception) is amended by redesig- ‘‘(1) REPORTABLE TRANSACTION.—The term UNDERSTATEMENT.—Section 6662 (relating to nating paragraphs (2) and (3) as paragraphs ‘reportable transaction’ means any trans- imposition of accuracy-related penalty) is (4) and (5), respectively, and by inserting action with respect to which information is amended by adding at the end the following after paragraph (1) the following new para- required under subchapter A of chapter 61 to new subsection: graphs: be included with a taxpayer’s return or ‘‘(i) UNDERSTATEMENT OF INCOME TAX AT- ‘‘(2) SPECIAL RULES FOR UNDERSTATEMENTS statement because, as determined under reg- TRIBUTABLE TO LISTED TRANSACTIONS AND ATTRIBUTABLE TO LISTED AND CERTAIN OTHER ulations prescribed under section 6011, such OTHER REPORTABLE TRANSACTIONS HAVING A TAX AVOIDANCE TRANSACTIONS.—Paragraph (1) transaction is of a type which the Secretary SIGNIFICANT TAX AVOIDANCE PURPOSE.— shall not apply to the portion of any report- determines as having a potential for tax ‘‘(1) REPORTABLE TRANSACTION INCOME TAX able transaction income tax understatement avoidance or evasion. UNDERSTATEMENT.—For purposes of sub- attributable to an item referred to in section ‘‘(2) LISTED TRANSACTION.—Except as pro- section (a)(2), the term ‘reportable trans- 6662(i)(2) unless— vided in regulations, the term ‘listed trans- action income tax understatement’ means ‘‘(A) the relevant facts affecting the tax action’ means a reportable transaction— the sum of— treatment of such item are adequately dis- ‘‘(A) which is the same as, or similar to, a ‘‘(A) the product of— closed in accordance with the regulations transaction specifically identified by the ‘‘(i) the amount of the increase (if any) in prescribed under section 6011, Secretary as a tax avoidance transaction for taxable income which results from a dif- ‘‘(B) there is or was substantial authority purposes of section 6011, or ference between the taxpayer’s treatment of for such treatment, and ‘‘(B) which is expected to produce a tax re- items to which this subsection applies (as ‘‘(C) the taxpayer reasonably believed that sult which is the same as, or similar to, the shown on the taxpayer’s return of tax) and such treatment was more likely than not the tax result in a transaction which is so speci- the proper tax treatment of such items, and proper treatment. fied. ‘‘(ii) the highest rate of tax imposed by ‘‘(3) RULES RELATING TO REASONABLE BE- ‘‘(d) PENALTY REPORTED TO SEC.—In the section 1 (section 11 in the case of a taxpayer LIEF.—For purposes of paragraph (2)(C)— case of a person— which is a corporation), and ‘‘(A) IN GENERAL.—A taxpayer shall be ‘‘(1) which is required to file periodic re- ‘‘(B) the amount of the decrease (if any) in treated as having a reasonable belief with re- ports under section 13 or 15(d) of the Securi- the credits allowed against the tax imposed spect to the tax treatment of an item only if ties Exchange Act of 1934 or is required to be by subtitle A which results from a difference such belief— consolidated with another person for pur- between the taxpayer’s treatment of items ‘‘(i) is based on the facts and law that exist poses of such reports, and to which this subsection applies (as shown on at the time the return of tax which includes ‘‘(2) which— the taxpayer’s return of tax) and the proper such tax treatment is filed, and ‘‘(A) is required to pay a penalty with re- tax treatment of such items. ‘‘(ii) relates solely to the taxpayer’s spect to a listed transaction under this sec- For purposes of subparagraph (A), any reduc- chances of success on the merits of such tion, or tion of the excess of deductions allowed for treatment and does not take into account ‘‘(B) is required to pay a penalty under sec- the taxable year over gross income for such the possibility that a return will not be au- tion 6662(a)(2) with respect to any reportable year, and any reduction in the amount of dited, such treatment will not be raised on May 9, 2002 CONGRESSIONAL RECORD — SENATE S4161

audit, or such treatment will be resolved (b) REDUCTION FOR UNDERSTATEMENT OF carrying out the transaction (or such later through settlement if it is raised. TAXPAYER DUE TO POSITION OF TAXPAYER OR date as the Secretary may prescribe). ‘‘(B) CERTAIN OPINIONS MAY NOT BE RELIED DISCLOSED ITEM.— ‘‘(b) DEFINITIONS.—For purposes of this UPON.— (1) IN GENERAL.—Section 6662(d)(2)(B)(i) (re- section— ‘‘(i) IN GENERAL.—An opinion of a tax advi- lating to substantial authority) is amended ‘‘(1) MATERIAL ADVISOR.—The term ‘mate- sor may not be relied upon to establish the to read as follows: rial advisor’ means any person— reasonable belief of a taxpayer if— ‘‘(i) the tax treatment of any item by the ‘‘(A) who provides any material aid, assist- ‘‘(I) the tax advisor is described in clause taxpayer if the taxpayer had reasonable be- ance, or advice with respect to organizing, (ii), or lief that the tax treatment was more likely promoting, selling, implementing, or car- ‘‘(II) the opinion is described in clause (iii). than not the proper treatment, or’’. rying out any reportable transaction, and ‘‘(ii) DISQUALIFIED TAX ADVISORS.—A tax (2) CONFORMING AMENDMENT.—Section ‘‘(B) who directly or indirectly derives advisor is described in this clause if the tax 6662(d) is amended by adding at the end the gross income from such advice or assistance. advisor is a material advisor (within the following new paragraph: ‘‘(2) REPORTABLE TRANSACTION.—The term meaning of section 6111(b)(1)) who— ‘‘(3) SECRETARIAL LIST.—For purposes of ‘reportable transaction’ has the meaning ‘‘(I) is compensated directly or indirectly this subsection, section 6664(c)(2), and sec- given to such term by section 6707A(c). by another material advisor with respect to tion 6694(a)(1), the Secretary may prescribe a the transaction, list of positions— ‘‘(c) REGULATIONS.—The Secretary may ‘‘(II) has a contingent fee arrangement ‘‘(A) for which the Secretary believes there prescribe regulations which provide— with respect to the transaction, is not substantial authority or there is no ‘‘(1) that only 1 person shall be required to ‘‘(III) has any type of referral agreement or reasonable belief that the tax treatment is meet the requirements of subsection (a) in other similar agreement or understanding more likely than not the proper tax treat- cases in which 2 or more persons would oth- with another material advisor which relates ment, and erwise be required to meet such require- to the transaction, or ‘‘(B) which affect a significant number of ments, ‘‘(IV) has any other characteristic which, taxpayers. ‘‘(2) exemptions from the requirements of as determined under regulations prescribed this section, and Such list (and any revisions thereof) shall be ‘‘(3) such rules as may be necessary or ap- by the Secretary, is indicative of a potential published in the Federal Register or the In- conflict of interest or compromise of inde- propriate to carry out the purposes of this ternal Revenue Bulletin.’’ section.’’ pendence. (c) EFFECTIVE DATE.—The amendments ‘‘(iii) DISQUALIFIED OPINIONS.—An opinion made by this section shall apply to taxable (b) CONFORMING AMENDMENTS.— is described in this clause if the opinion— years beginning after the date of the enact- (1) The item relating to section 6111 in the ‘‘(I) is based on unreasonable factual or ment of this Act. table of sections for subchapter B of chapter legal assumptions (including assumptions as 61 is amended to read as follows: SEC. 104. TAX SHELTER EXCEPTION TO CON- to future events), FIDENTIALITY PRIVILEGES RELAT- ‘‘Sec. 6111. Disclosure of reportable trans- ‘‘(II) unreasonably relies on representa- ING TO TAXPAYER COMMUNICA- tions, statements, findings, or agreements of TIONS. actions.’’ the taxpayer or any other person, (a) IN GENERAL.—Section 7525(b) (relating (2)(A) So much of section 6112 as precedes ‘‘(III) does not identify and consider all rel- to section not to apply to communications subsection (c) thereof is amended to read as evant facts, or regarding corporate tax shelters) is amended follows: ‘‘(IV) fails to meet any other requirement to read as follows: as the Secretary may prescribe.’’ ‘‘SEC. 6112. MATERIAL ADVISORS OF REPORT- ‘‘(b) SECTION NOT TO APPLY TO COMMUNICA- ABLE TRANSACTIONS MUST KEEP (d) CONFORMING AMENDMENTS.— TIONS REGARDING TAX SHELTERS.—The privi- LISTS OF ADVISEES. (1) Subparagraph (C) of section 461(i)(3) is lege under subsection (a) shall not apply to ‘‘(a) IN GENERAL.—Each material advisor amended by striking ‘‘section any written communication which is— (as defined in section 6111) with respect to 6662(d)(2)(C)(iii)’’ and inserting ‘‘section ‘‘(1) between a federally authorized tax any reportable transaction (as defined in sec- 1274(b)(3)(C)’’. practitioner and— tion 6707A(c)) shall maintain (in such man- (2) Paragraph (3) of section 1274(b) is ‘‘(A) any person, ner as the Secretary may by regulations pre- amended— ‘‘(B) any director, officer, employee, agent, scribe) a list— (A) by striking ‘‘(as defined in section or representative of the person, or ‘‘(1) identifying each person with respect to 6662(d)(2)(C)(iii))’’ in subparagraph (B)(i), and ‘‘(C) any other person holding a capital or whom such advisor acted as such a material (B) by adding at the end the following new profits interest in the person, and advisor with respect to such transaction, and subparagraph: ‘‘(2) in connection with the promotion of ‘‘(2) containing such other information as ‘‘(C) TAX SHELTER.—For purposes of sub- the direct or indirect participation of the the Secretary may by regulations require.’’ paragraph (B), the term ‘tax shelter’ means— person in any tax shelter (as defined in sec- (B) Section 6112 is amended by redesig- ‘‘(i) a partnership or other entity, tion 1274(b)(3)(C)).’’ nating subsection (c) as subsection (b). ‘‘(ii) any investment plan or arrangement, (b) EFFECTIVE DATE.—The amendment (C) Section 6112(b)(1)(A), as redesignated by or made by this section shall apply to commu- subparagraph (B), is amending by inserting ‘‘(iii) any other plan or arrangement, nications made on or after the date of the ‘‘written’’ before ‘‘request’’. enactment of this Act. if a significant purpose of such partnership, (D) The item relating to section 6112 in the entity, plan, or arrangement is the avoid- TITLE II—PROMOTER AND PREPARER table of sections for subchapter B of chapter ance or evasion of Federal income tax.’’ RELATED PROVISIONS 61 is amended to read as follows: (3) Section 6662(d)(2) is amended by strik- Subtitle A—Provisions Relating To ing subparagraphs (C) and (D). Reportable Transactions ‘‘Sec. 6112. Material advisors of reportable (4) Subsection (b) of section 7525 is amend- transactions must keep lists of SEC. 201. DISCLOSURE OF REPORTABLE TRANS- ed by striking ‘‘section 6662(d)(2)(C)(iii)’’ and advisees.’’ inserting ‘‘section 1274(b)(3)(C)’’. ACTIONS. (a) IN GENERAL.—Section 6111 (relating to (3)(A) The heading for section 6708 is (e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable registration of tax shelters) is amended to amended to read as follows: years ending after the date of the enactment read as follows: ‘‘SEC. 6708. FAILURE TO MAINTAIN LISTS OF of this Act. ‘‘SEC. 6111. DISCLOSURE OF REPORTABLE TRANS- ADVISEES WITH RESPECT TO RE- ACTIONS. PORTABLE TRANSACTIONS.’’ SEC. 103. MODIFICATIONS OF SUBSTANTIAL UN- DERSTATEMENT PENALTY FOR NON- ‘‘(a) IN GENERAL.—Each material advisor (B) The item relating to section 6708 in the REPORTABLE TRANSACTIONS. with respect to any reportable transaction table of sections for part I of subchapter B of (a) SUBSTANTIAL UNDERSTATEMENT OF COR- shall make a return (in such form as the Sec- chapter 68 is amended to read as follows: PORATIONS.—Section 6662(d)(1)(B) (relating to retary may prescribe) setting forth— special rule for corporations) is amended to ‘‘(1) information identifying and describing ‘‘Sec. 6708. Failure to maintain lists of read as follows: the transaction, advisees with respect to report- ‘‘(B) SPECIAL RULE FOR CORPORATIONS.—In ‘‘(2) information describing the advice pro- able transactions.’’ vided by such advisor, including any poten- the case of a corporation other than an S (c) EFFECTIVE DATE.—The amendments tial tax benefits represented to result from corporation or a personal holding company made by this section shall apply to trans- the transaction, and (as defined in section 542), there is a substan- actions entered into after the date of the en- ‘‘(3) such other information as the Sec- tial understatement of income tax for any actment of this Act. taxable year if the amount of the understate- retary may prescribe. ment for the taxable year exceeds the lesser Such return shall be filed on the first busi- SEC. 202. MODIFICATIONS TO PENALTY FOR FAIL- of— ness day following the earliest date on which URE TO REGISTER TAX SHELTERS. ‘‘(i) 10 percent of the tax required to be such advisor provides any material aid, as- (a) IN GENERAL.—Section 6707 (relating to shown on the return for the taxable year, or sistance, or advice with respect to orga- failure to furnish information regarding tax ‘‘(ii) $10,000,000.’’ nizing, promoting, selling, implementing, or shelters) is amended to read as follows: S4162 CONGRESSIONAL RECORD — SENATE May 9, 2002 ‘‘SEC. 6707. FAILURE TO FURNISH INFORMATION specified conduct. The court may exercise its to improve such requirements and the en- REGARDING REPORTABLE TRANS- jurisdiction over such action (as provided in forcement of such requirements. ACTIONS. section 7402(a)) separate and apart from any SEC. 213. FRIVOLOUS TAX SUBMISSIONS. ‘‘(a) IN GENERAL.—If a person who is re- other action brought by the United States quired to file a return under section 6111(a) (a) CIVIL PENALTIES.—Section 6702 is against such person. amended to read as follows: with respect to any reportable transaction— ‘‘(b) ADJUDICATION AND DECREE.—In any ac- ‘‘(1) fails to file such return on or before tion under subsection (a), if the court finds— ‘‘SEC. 6702. FRIVOLOUS TAX SUBMISSIONS. the date prescribed therefor, or ‘‘(1) that the person has engaged in any ‘‘(a) CIVIL PENALTY FOR FRIVOLOUS TAX RE- ‘‘(2) files false or incomplete information specified conduct, and TURNS.—A person shall pay a penalty of with the Secretary with respect to such ‘‘(2) that injunctive relief is appropriate to $5,000 if— transaction, prevent recurrence of such conduct, ‘‘(1) such person files what purports to be a such person shall pay a penalty with respect the court may enjoin such person from en- return of a tax imposed by this title but to such return in the amount determined gaging in such conduct or in any other activ- which— under subsection (b). ity subject to penalty under this title. ‘‘(A) does not contain information on ‘‘(b) AMOUNT OF PENALTY.— ‘‘(c) SPECIFIED CONDUCT.—For purposes of which the substantial correctness of the self- ‘‘(1) IN GENERAL.—Except as provided in this section, the term ‘specified conduct’ assessment may be judged, or paragraph (2), the penalty imposed under means any action, or failure to take action, ‘‘(B) contains information that on its face subsection (a) with respect to any failure subject to penalty under section 6700, 6701, indicates that the self-assessment is substan- shall be $50,000. 6707, or 6708.’’ tially incorrect; and ‘‘(2) LISTED TRANSACTIONS.—The penalty (b) CONFORMING AMENDMENTS.— ‘‘(2) the conduct referred to in paragraph imposed under subsection (a) with respect to (1) The heading for section 7408 is amended (1)— any listed transaction shall be an amount to read as follows: ‘‘(A) is based on a position which the Sec- equal to the greater of— ‘‘SEC. 7408. ACTIONS TO ENJOIN SPECIFIED CON- retary has identified as frivolous under sub- ‘‘(A) $200,000, or DUCT RELATED TO TAX SHELTERS section (c), or ‘‘(B) 50 percent of the fees paid to such per- AND REPORTABLE TRANSACTIONS.’’ ‘‘(B) reflects a desire to delay or impede son with respect to aid, assistance, or advice (2) The table of sections for subchapter A the administration of Federal tax laws. which is provided with respect to the report- of chapter 67 is amended by striking the item ‘‘(b) CIVIL PENALTY FOR SPECIFIED FRIVO- able transaction before the date the return is relating to section 7408 and inserting the fol- LOUS SUBMISSIONS.— filed under section 6111. lowing new item: ‘‘(1) IMPOSITION OF PENALTY.—Except as Subparagraph (B) shall be applied by sub- ‘‘Sec. 7408. Actions to enjoin specified provided in paragraph (3), any person who stituting ‘75 percent’ for ‘50 percent’ in the conduct related to tax shelters submits a specified frivolous submission case of an intentional failure or act de- and reportable transactions.’’ shall pay a penalty of $5,000. scribed in subsection (a). (c) EFFECTIVE DATE.—The amendment ‘‘(2) SPECIFIED FRIVOLOUS SUBMISSION.—For ‘‘(c) REPORTABLE AND LISTED TRANS- made by this section shall take effect on the purposes of this section— ACTIONS.—The terms ‘reportable transaction’ day after the date of the enactment of this ‘‘(A) SPECIFIED FRIVOLOUS SUBMISSION.— and ‘listed transaction’ have the respective Act. The term ‘specified frivolous submission’ meanings given to such terms by section means a specified submission if any portion Subtitle B—Other Provisions 6707A(c).’’ of such submission— (b) CLERICAL AMENDMENT.—The item relat- SEC. 211. UNDERSTATEMENT OF TAXPAYER’S LI- ‘‘(i) is based on a position which the Sec- ing to section 6707 in the table of sections for ABILITY BY INCOME TAX RETURN retary has identified as frivolous under sub- PREPARER. part I of subchapter B of chapter 68 is section (c), or (a) STANDARDS CONFORMED TO TAXPAYER amended by striking ‘‘tax shelters’’ and in- ‘‘(ii) reflects a desire to delay or impede serting ‘‘reportable transactions’’. STANDARDS.—Section 6694(a) (relating to un- derstatements due to unrealistic positions) the administration of Federal tax laws. (c) EFFECTIVE DATE.—The amendments PECIFIED SUBMISSION.—The term is amended— ‘‘(B) S made by this section shall apply to failures ‘specified submission’ means— (1) by striking ‘‘realistic possibility of occurring after the date of the enactment of ‘‘(i) a request for a hearing under— being sustained on its merits’’ in paragraph this Act. ‘‘(I) section 6320 (relating to notice and op- (1) and inserting ‘‘reasonable belief that the SEC. 203. MODIFICATION OF PENALTY FOR FAIL- portunity for hearing upon filing of notice of tax treatment in such position was more URE TO MAINTAIN LISTS OF INVES- lien), or likely than not the proper treatment’’, TORS. ‘‘(II) section 6330 (relating to notice and (2) by striking ‘‘or was frivolous’’ in para- (a) IN GENERAL.—Subsection (a) of section opportunity for hearing before levy), and graph (3) and inserting ‘‘or there was no rea- 6708 is amended to read as follows: ‘‘(ii) an application under— sonable basis for the tax treatment of such ‘‘(a) IMPOSITION OF PENALTY.— ‘‘(I) section 7811 (relating to taxpayer as- position’’, and ‘‘(1) IN GENERAL.—If any person who is re- sistance orders), (3) by striking ‘‘UNREALISTIC’’ in the head- quired to maintain a list under section ‘‘(II) section 6159 (relating to agreements ing and inserting ‘‘IMPROPER’’. 6112(a) fails to make such list available to for payment of tax liability in installments), (b) AMOUNT OF PENALTY.—Section 6694 is the Secretary in accordance with section or 6112(b)(1)(A) within 20 days after the date of amended— (1) by striking ‘‘$250’’ in subsection (a) and ‘‘(III) section 7122 (relating to com- the Secretary’s request, such person shall promises). pay a penalty of $10,000 for each day of such inserting ‘‘$1,000’’, and ‘‘(3) OPPORTUNITY TO WITHDRAW SUBMIS- failure after such 20th day. (2) by striking ‘‘$1,000’’ in subsection (b) SION.—If the Secretary provides a person ‘‘(2) REASONABLE CAUSE EXCEPTION.—No and inserting ‘‘$5,000’’. (c) EFFECTIVE DATE.—The amendments with notice that a submission is a specified penalty shall be imposed by paragraph (1) frivolous submission and such person with- with respect to the failure on any day if such made by this section shall apply to docu- ments prepared after the date of the enact- draws such submission promptly after such failure is due to reasonable cause.’’ notice, the penalty imposed under paragraph (b) EFFECTIVE DATE.—The amendment ment of this Act. (1) shall not apply with respect to such sub- made by this section shall apply to failures SEC. 212. REPORT ON EFFECTIVENESS OF PEN- mission. occurring after the date of the enactment of ALTY ON FAILURE TO REPORT IN- ‘‘(c) LISTING OF FRIVOLOUS POSITIONS.—The this Act. TERESTS IN FOREIGN FINANCIAL ACCOUNTS. Secretary shall prescribe (and periodically SEC. 204. MODIFICATION OF ACTIONS TO ENJOIN The Secretary of the Treasury or his dele- revise) a list of positions which the Sec- SPECIFIED CONDUCT RELATED TO TAX SHELTERS AND REPORTABLE gate shall report each year to the Committee retary has identified as being frivolous for TRANSACTIONS. on Ways and Means of the House of Rep- purposes of this subsection. The Secretary (a) IN GENERAL.—Section 7408 (relating to resentatives and the Committee on Finance shall not include in such list any position action to enjoin promoters of abusive tax of the Senate on— that the Secretary determines meets the re- shelters, etc.) is amended by redesignating (1) the number of civil and criminal pen- quirement of section 6662(d)(2)(B)(ii)(II). subsection (c) as subsection (d) and by strik- alties imposed on failures to meet the re- ‘‘(d) REDUCTION OF PENALTY.—The Sec- ing subsections (a) and (b) and inserting the porting and recordkeeping requirements of retary may reduce the amount of any pen- following new subsections: section 5314 of title 31, United States Code, alty imposed under this section if the Sec- ‘‘(a) AUTHORITY TO SEEK INJUNCTION.—A with respect to interests held in foreign fi- retary determines that such reduction would civil action in the name of the United States nancial accounts, and promote compliance with and administra- to enjoin any person from further engaging (2) the average amount of monetary pen- tion of the Federal tax laws. in specified conduct may be commenced at alties so imposed. ‘‘(e) PENALTIES IN ADDITION TO OTHER PEN- the request of the Secretary. Any action The Secretary shall include with such report ALTIES.—The penalties imposed by this sec- under this section shall be brought in the an analysis of the effectiveness of such re- tion shall be in addition to any other penalty district court of the United States for the porting and recordkeeping requirements in provided by law.’’ district in which such person resides, has his preventing the avoidance or evasion of Fed- (b) TREATMENT OF FRIVOLOUS REQUESTS principal place of business, or has engaged in eral income taxes and any recommendations FOR HEARINGS BEFORE LEVY.— May 9, 2002 CONGRESSIONAL RECORD — SENATE S4163 (1) FRIVOLOUS REQUESTS DISREGARDED.— reasonably should have known, of such con- of transactions requiring such disclo- Section 6330 (relating to notice and oppor- duct. Such penalty shall not exceed the gross sure. The Tax Shelter Transparency tunity for hearing before levy) is amended by income derived (or to be derived) from the Act will curb non-compliance by pro- adding at the end the following new sub- conduct giving rise to the penalty and may viding clearer and more objective rules section: be in addition to, or in lieu of, any suspen- ‘‘(g) FRIVOLOUS REQUESTS FOR HEARING, sion, disbarment, or censure.’’ for the reporting of potential tax shel- ETC.—Notwithstanding any other provision (2) EFFECTIVE DATE.—The amendments ters and by providing strong penalties of this section, if the Secretary determines made by this subsection shall apply to ac- for anyone who refuses to comply with that any portion of a request for a hearing tions taken after the date of the enactment the revised disclosure requirements. under this section or section 6320 meets the of this Act. The legislation has been carefully requirement of clause (i) or (ii) of section (b) TAX SHELTER OPINIONS, ETC.—Section structured to reward those who are 6702(b)(2)(A), then the Secretary may treat 330 of such title 31 is amended by adding at forthcoming with disclosure. I whole- such portion as if it were never submitted the end the following new subsection: heartedly agree with the remarks of- and such portion shall not be subject to any ‘‘(d) Nothing in this section or in any other fered by the recent Treasury Assistant further administrative or judicial review.’’ provision of law shall be construed to limit Secretary for Tax Policy, that ‘‘if a (2) PRECLUSION FROM RAISING FRIVOLOUS the authority of the Secretary of the Treas- ISSUES AT HEARING.—Section 6330(c)(4) is ury to impose standards applicable to the taxpayer is comfortable entering into a amended— rendering of written advice with respect to transaction, a promoter is comfortable (A) by striking ‘‘(A)’’ and inserting any entity, transaction plan or arrangement, selling it, and an advisor is com- ‘‘(A)(i)’’; or other plan or arrangement, which is of a fortable blessing it, they all should be (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; type which the Secretary determines as hav- comfortable disclosing it to the IRS.’’ (C) by striking the period at the end of the ing a potential for tax avoidance or eva- Transparency is essential to an evalua- first sentence and inserting ‘‘; or’’; and sion.’’ tion by the IRS and ultimately by the (D) by inserting after subparagraph (A)(ii) SEC. 215. PENALTY ON PROMOTERS OF TAX Congress of the United States as to (as so redesignated) the following: SHELTERS. ‘‘(B) the issue meets the requirement of (a) PENALTY ON PROMOTING ABUSIVE TAX whether the tax benefits generated by clause (i) or (ii) of section 6702(b)(2)(A).’’ SHELTERS.—Section 6700(a) is amended by complex business transactions are ap- (3) STATEMENT OF GROUNDS.—Section adding at the end the following new sen- propriate interpretations of existing 6330(b)(1) is amended by striking ‘‘under sub- tence: ‘‘Notwithstanding the first sentence, tax law. To the extent such interpreta- section (a)(3)(B)’’ and inserting ‘‘in writing if an activity with respect to which a pen- tions were unintended, the bill allows under subsection (a)(3)(B) and states the alty imposed under this subsection involves Congress to amend or clarify existing grounds for the requested hearing’’. a statement described in paragraph (2)(A), tax law. To the extent such interpreta- (c) TREATMENT OF FRIVOLOUS REQUESTS the amount of the penalty shall be equal to tions are appropriate, all taxpayers, FOR HEARINGS UPON FILING OF NOTICE OF 50 percent of the gross income derived (or to from the largest U.S. multinational LIEN.—Section 6320 is amended— be derived) from such activity by the person (1) in subsection (b)(1), by striking ‘‘under on which the penalty is imposed.’’ conglomerate to the smallest local subsection (a)(3)(B)’’ and inserting ‘‘in writ- (b) EFFECTIVE DATE.—The amendment feedstore owner in Iowa, will benefit ing under subsection (a)(3)(B) and states the made by this section shall apply to activities when transactions are publicly sanc- grounds for the requested hearing’’, and after the date of the enactment of this Act. tioned in the form of an ‘‘angel list’’ of (2) in subsection (c), by striking ‘‘and (e)’’ Mr. GRASSLEY. Mr. President, I rise good transactions. This legislation ac- and inserting ‘‘(e), and (g)’’. today to co-sponsor legislation, the complishes both of these objectives. (d) TREATMENT OF FRIVOLOUS APPLICATIONS ‘‘Tax Shelter Transparency Act’’ which FOR OFFERS-IN-COMPROMISE AND INSTALL- By Mr. KENNEDY (for himself MENT AGREEMENTS.—Section 7122 is amended will arrest the proliferation of tax shel- ters. and Mrs. CLINTON): by adding at the end the following new sub- S. 2499. A bill to amend the Federal section: We have known for many years that Food, Drug, and Cosmetic Act to estab- ‘‘(e) FRIVOLOUS SUBMISSIONS, ETC.—Not- abusive tax shelters, which are struc- lish labeling requirements regarding withstanding any other provision of this sec- tured to exploit unintended con- allergenic substances in food, and for tion, if the Secretary determines that any sequences of our complicated Federal portion of an application for an offer-in-com- other purposes; to the Committee on income tax system, erode the Federal promise or installment agreement submitted Health, Education, Labor, and Pen- tax base and the public’s confidence in under this section or section 6159 meets the sions. requirement of clause (i) or (ii) of section the tax system. Such transactions are Mr. KENNEDY. Mr. President, I am 6702(b)(2)(A), then the Secretary may treat patently unfair to the vast majority of pleased today to join my colleagues such portion as if it were never submitted taxpayers who do their best to comply Senator CLINTON and Congresswoman and such portion shall not be subject to any with the letter and spirit of the tax further administrative or judicial review.’’ NITA LOWEY in introducing legislation law. As a result, the Finance Com- to improve the labeling of allergens in (e) CLERICAL AMENDMENT.—The table of mittee has worked exceedingly hard sections for part I of subchapter B of chapter food. 68 is amended by striking the item relating over the past several years to develop American families deserve to feel to section 6702 and inserting the following three legislative discussion drafts for confident about the safety of the food new item: public review and comment. Thought- on their tables. The Food Allergen Con- ‘‘Sec. 6702. Frivolous tax submissions.’’ ful and well-considered comments on sumer Protection Act will allow the these drafts have been greatly appre- (f) EFFECTIVE DATE.—The amendments seven million Americans with food al- made by this section shall apply to submis- ciated by the staff and members of the lergies to identify more easily a prod- sions made and issues raised after the date Finance Committee. The collaborative uct’s ingredients, avoid foods that may on which the Secretary first prescribes a list efforts of those involved in the discus- harm them, and stay healthy. We an- under section 6702(c) of the Internal Revenue sion drafts combined with the recent ticipate that this legislation will re- Code of 1986, as amended by subsection (a). request for legislative assistance from duce the number, currently estimated SEC. 214. REGULATION OF INDIVIDUALS PRAC- the Treasury Department and IRS pro- to be 150 yearly, of Americans who die TICING BEFORE THE DEPARTMENT duced today’s revised approach for OF TREASURY. due to the ingestion of allergenic foods. dealing with abusive tax avoidance (a) CENSURE; IMPOSITION OF PENALTY.— The Food Allergen Consumer Produc- (1) IN GENERAL.—Section 330(b) of title 31, transactions. tion Act will require that food ingre- United States Code, is amended— Above all, the Tax Shelter Trans- dient statements on food packages (A) by inserting ‘‘, or censure,’’ after ‘‘De- parency Act encourages taxpayer dis- identify in common language when an partment’’, and closure of potentially abusive tax ingredient, including a flavoring, color- (B) by adding at the end the following new avoidance transactions. It is surprising ing, or other additive, is itself, or is de- flush sentence: and unfortunate that taxpayers, rived from, one of the eight main food ‘‘The Secretary may impose a monetary pen- though required to disclose tax shelter allergens, or from grains containing alty on any representative described in the transactions under present law, have gluten. This legislation will also make preceding sentence. If the representative was refused to comply. The Treasury De- the ingredient label on foods easier to acting on behalf of an employer or any firm or other entity in connection with the con- partment and IRS report that the 2001 read, and require it to include a work- duct giving rise to such penalty, the Sec- tax filing season produced a mere 272 ing telephone number, including one retary may impose a monetary penalty on tax shelter return disclosures from for telecommunication devices for deaf such employer, firm, or entity if it knew, or only 99 corporate taxpayers, a fraction persons. S4164 CONGRESSIONAL RECORD — SENATE May 9, 2002 The Food Allergen Consumer Protec- (6) Individuals who have food allergies may ‘‘(w) If the labeling required under para- tion Act will require food manufactur- outgrow their allergy if they strictly avoid graphs (g), (i), (k), (t), (u), or (v)— ers to minimize cross-contamination consuming the allergen. However, some sci- ‘‘(1) does not use a single, easy-to-read with food allergens between foods pro- entists believe that because low levels of al- type style that is black on a white back- lergens are unintentionally present in foods, ground, using upper and lower case letters duced in the same facility or on the those with an allergy are unable to keep and with no letters touching; same production line. It will require from being repeatedly exposed to the very ‘‘(2) does not use at least 8 point type with the use of ‘‘may contain’’ or other ad- foods they are allergic to. Good manufac- at least one point leading (i.e., space between visory language in food labeling when turing practices can minimize the uninten- two lines of text), provided the total surface steps to reduce such cross-contamina- tional presence of food allergens. In addition, area of the food package available to bear la- tion will not eliminate it. This legisla- when good manufacturing practices cannot beling exceeds 12 square inches; or tion also preserves the Food and Drug eliminate the potential for cross-contamina- ‘‘(3) does not comply with regulations tion, an advisory label on the product can Administration’s current authority to issued by the Secretary to make it easy for provide additional consumer protection. consumers to read and use such labeling by regulate the safety of certain products (7) The Food and Drug Administration is requiring a format that is comparable to the that are bioengineered to contain pro- the Nation’s principal consumer protection format required for the disclosure of nutri- teins that cause allergic reactions. agency, charged with protecting and pro- tion information in the food label under sec- The Food Allergen Consumer Protec- moting public health through premarket and tion 101.9(d)(1) of title 21, Code of Federal tion Act will also require the Centers postmarket regulation of food. The agency Regulations.’’. for Disease Control and Prevention to must have both the necessary authority to (b) CIVIL PENALTIES.—Section 303(g)(2) of track deaths related to food allergies, ensure that foods are properly labeled and the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(g)(2)) is amended— and it will direct the National Insti- produced using good manufacturing prac- tices and the ability to penalize manufactur- (1) in subparagraph (A), by striking ‘‘sec- tutes of Health to develop a plan for re- ers who violate our food safety laws. tion 402(a)(2)(B) shall be subject’’ and insert- search activities concerning food aller- (8) Americans deserve to have confidence ing the following: ‘‘section 402(a)(2)(B) or gies. in the safety and labeling of the food on regulations under this chapter to minimize I urge my colleagues in the Senate to their tables. the unintended presence of allergens in food, support this legislation that will do so SEC. 3. FOOD LABELING; REQUIREMENT OF IN- or that is misbranded within the meaning of much to improve the lives of those FORMATION REGARDING ALLER- section 403(t), 403(u), 403(v), or 403(w), shall with food allergies. I ask unanimous GENIC SUBSTANCES. be subject’’; and (a) IN GENERAL.—Section 403 of the Federal consent that the text of the bill be (2) in subparagraph (B), by inserting ‘‘or Food, Drug, and Cosmetic Act (21 U.S.C. 343) misbranded’’ after ‘‘adulterated’’ each place printed in the RECORD. is amended by adding at the end the fol- such term appears. There being no objection, the bill was lowing: (c) CONFORMING AMENDMENT.—Section 201 ordered to be printed in the RECORD, as ‘‘(t)(1) If it is not a raw agricultural com- of the Federal Food, Drug, and Cosmetic Act follows: modity and it is, or it intentionally bears or (21 U.S.C. 321) is amended by adding at the S. 2499 contains, a known food allergen, unless its end the following: label bears, in bold face type, the common or ‘‘(ll) The term ‘known food allergen’ has Be it enacted by the Senate and House of Rep- usual name of the known food allergen and the meaning given such term in section resentatives of the United States of America in the common or usual name of the food 403(t)(3).’’. Congress assembled, source described in subparagraph (3)(A) from (d) EFFECTIVE DATE.—The amendments SECTION 1. SHORT TITLE. which the known food allergen is derived, ex- made by this section take effect upon the ex- This Act may be cited as the ‘‘Food Aller- cept that the name of the food source is not piration of the 180-day period beginning on gen Consumer Protection Act’’. required when the common or usual name of the date of the enactment of this Act. SEC. 2. FINDINGS. the known food allergen plainly identifies SEC. 4. UNINTENTIONAL PRESENCE OF KNOWN The Congress finds as follows: the food source. FOOD ALLERGENS. (1) Approximately 7,000,000 Americans suf- ‘‘(2) The information required under this (a) FOOD LABELING OF SUCH FOOD ALLER- fer from food allergies. Every year roughly paragraph may appear in labeling other than GENS.—Section 403 of the Federal Food, 30,000 people receive emergency room treat- the label only if the Secretary finds that Drug, and Cosmetic Act, as amended by sec- ment due to the ingestion of allergenic foods, such other labeling is sufficient to protect tion 3(a) of this Act, is amended by inserting and an estimated 150 Americans die from the public health. A finding by the Secretary after paragraph (u) the following: anaphylactic shock caused by a food allergy. under this subparagraph is effective upon ‘‘(v) If the presence of a known food aller- (2) Eight major foods—milk, egg, fish, publication in the Federal Register as a no- gen in the food is unintentional and its label- Crustacea, tree nuts, wheat, peanuts, and tice (including any change in an earlier find- ing bears a statement that the food may bear soybeans—cause 90 percent of allergic reac- ing under this subparagraph). or contain the known food allergen, or any tions. At present, there is no cure for food al- ‘‘(3) For purposes of this Act, the term similar statement, unless the statement is lergies. A food allergic consumer depends on ‘known food allergen’ means any of the fol- made in compliance with regulations issued lowing: a product’s label to obtain accurate and reli- by the Secretary to provide for advisory la- ‘‘(A) Milk, egg, fish, Crustacea, tree nuts, able ingredient information so as to avoid beling of the known food allergen.’’. wheat, peanuts, and soybeans. food allergens. (b) EFFECTIVE DATE.—The amendment (3) Current Food and Drug Administration ‘‘(B) A proteinaceous substance derived made by subsection (a) takes effect upon the regulations exempt spices, flavorings, and from a food specified in clause (A), unless the expiration of the four-year period beginning certain colorings and additives from ingre- Secretary determines that the substance on the date of the enactment of this Act, ex- dient labeling requirements that would allow does not cause an allergic response that cept with respect to the authority of the consumers to avoid those to which they are poses a risk to human health. Secretary of Health and Human Services to allergic. Such unlabeled food allergens may ‘‘(C) Other grains containing gluten (rye, engage in rulemaking in accordance with pose a serious health threat to those suscep- barley, oats, and triticale). section 5. ‘‘(D) In addition, any food that the Sec- tible to food allergies. SEC. 5. REGULATIONS. retary by regulation determines causes an (4) A recent Food and Drug Administration (a) IN GENERAL.— allergic or other adverse response that poses study found that 25 percent of bakery prod- (1) REGULATIONS.—Not later than one year ucts, ice creams, and candies that were in- a risk to human health. after the date of the enactment of this Act, ‘‘(4) Notwithstanding paragraph (g), (i), or spected failed to list peanuts and eggs, which the Secretary of Health and Human Services (k), or any other law, the labeling require- can cause potentially fatal allergic reac- (in this section referred to as the ‘‘Sec- ment under this paragraph applies to spices, tions. The mislabeling of foods puts those flavorings, colorings, or incidental additives retary’’) shall issue a proposed rule under with a food allergy at constant risk. that are, or that bear or contain, a known sections 402, 403, and 701(a) of the Federal (5) In that study, the Food and Drug Ad- food allergen. Food, Drug, and Cosmetic Act to implement ministration found that only slightly more ‘‘(u) If it is a raw agricultural commodity the amendments made by this Act. Not later than half of inspected manufacturers that is, or bears or contains, a known food than two years after such date of enactment, checked their products to ensure that all in- allergen, unless it has a label or other label- the Secretary shall promulgate a final rule gredients were accurately reflected on the ing that bears in bold face type the common under such sections. labels. Furthermore, the number of recalls or usual name of the known food allergen (2) EFFECTIVE DATE.—The final rule pro- because of unlabeled allergens rose to 121 in and the Secretary has found that the label or mulgated under paragraph (1) takes effect 2000 from about 35 a decade earlier. In part, other labeling is sufficient to protect the upon the expiration of the four-year period mislabeling occurs because potentially fatal public health. A finding by the Secretary beginning on the date of the enactment of allergens are introduced into the manufac- under this paragraph is effective upon publi- this Act. If a final rule under such paragraph turing process when production lines and cation in the Federal Register as a notice has not been promulgated as of the expira- cooking utensils are shared or used to (including any change in an earlier finding tion of such period, then upon such expira- produce multiple products. under this paragraph). tion the proposed rule under such paragraph May 9, 2002 CONGRESSIONAL RECORD — SENATE S4165 takes effect as if the proposed rule were a collection of, and (beginning 18 months after (1) reopen the Record of Decision (ROD) on final rule. the date of the enactment of this Act) annu- the mixed oxide fuel fabrication facility for (b) UNINTENTIONAL PRESENCE OF KNOWN ally publish, national data on— purposes of identifying and evaluating alter- FOOD ALLERGENS.— (1) the prevalence of food allergies, and native locations for the mixed oxide fuel fab- (1) GOOD MANUFACTURING PRACTICES; (2) the incidence of deaths, injuries, includ- rication facility; and RECORDS.—Regulations under subsection (a) ing anaphylactic shock, hospitalizations, and (2) conduct a study of the costs and impli- shall require the use of good manufacturing physician visits, and the utilization of drugs, cations for the national security of the practices to minimize, to the extent prac- associated with allergic responses to foods. United States of— ticable, the unintentional presence of aller- (b) STUDY.—Not later than one year after (A) converting the Savannah River site to gens in food. Such regulations shall include the date of the enactment of this Act, the an environmental management (EM) closure appropriate record keeping and record in- Secretary, in consultation with consumers, site; and spection requirements. providers, State governments, and other rel- (B) transferring all current and proposed (2) ADVISORY LABELING.—In the regulations evant parties, shall complete a study for the national security activities at the Savannah under subsection (a), the Secretary shall au- purposes of— River Site from the Savannah River Site to thorize the use of advisory labeling for a (1) determining whether existing systems other facilities of the National Nuclear Secu- known food allergen when the Secretary has for the reporting, collection and analysis of rity Administration or the Department of determined that good manufacturing prac- national data accurately capture informa- Energy, as appropriate. tices required under the regulations will not tion on the subjects specified in subsection (b) REPORT ON STUDY.—If the Secretary eliminate the unintentional presence of the (a); and conducts a study under subsection (a)(2), the known food allergen and its presence in the (2) identifying new or alternative systems, Secretary shall submit to the congressional food poses a risk to human health, and the or enhancements to existing systems, for the defense committees a report on the study regulations shall otherwise prohibit the use reporting collection and analysis of national not later than six months after the com- of such labeling. data necessary to fulfill the purpose of sub- mencement of the study. (c) INGREDIENT LABELING GENERALLY.—In section (a). (c) CONTINGENT SUSPENSION OF APPLICA- regulations under subsection (a), the Sec- (c) PUBLIC AND PROVIDER EDUCATION.—The BILITY OF REQUIREMENTS.—If at any time be- retary shall prescribe a format for labeling, Secretary shall, directly or through con- fore the requirements in subsection (a) oth- as provided for under section 403(w)(3) of the tracts with public or private entities, edu- erwise go into effect, the Secretary and the Federal, Food, Drug, and Cosmetic Act. cate physicians and other health providers to State of South Carolina enter into an agree- (d) REVIEW BY OFFICE OF MANAGEMENT AND improve the reporting, collection, and anal- ment regarding the shipment of special nu- BUDGET.—If the Office of Management and ysis of data on the subjects specified in sub- clear materials to the Savannah River Site Budget (in this section referred to as section (a). for processing by the proposed mixed oxide (d) CHILD FATALITY REVIEW TEAMS.—Inso- ‘‘OMB’’) is to review proposed or final rules fuel fabrication facility at the Savannah far as is practicable, activities developed or under this Act, OMB shall complete its re- River Site, the requirements in subsection expanded under this section shall include view in 10 working days, after which the rule (a) shall not go into effect as long, as deter- utilization of child fatality review teams in shall be published immediately in the Fed- mined by the Secretary, as the Secretary identifying and assessing child deaths associ- eral Register. If OMB fails to complete its and the State of South Carolina comply with ated with allergic responses to foods. review of either the proposed rule or the the agreement. (e) REPORTS TO CONGRESS.—Not later than final rule in 10 working days, the Secretary (d) SPECIAL NUCLEAR MATERIALS.—In this 18 months after the date of the enactment of shall provide the rule to the Office of the section, the term ‘‘special nuclear mate- this Act, the Secretary shall submit to the Federal Register, which shall publish the rials’’ includes weapons grade plutonium. Congress a report on the progress made with rule, and it shall have full effect (subject to respect to subsections (a) through (d). f applicable effective dates specified in this (f) AUTHORIZATION OF APPROPRIATIONS.— SUBMITTED RESOLUTIONS Act) without review by OMB. If the Sec- For the purpose of carrying out this section, retary does not complete the proposed or there are authorized to be appropriated final rule so as to provide OMB with 10 work- $10,000,000 for fiscal year 2003, and such sums SENATE CONCURRENT RESOLU- ing days to review the rule and have it pub- as may be necessary for each subsequent fis- lished in the Federal Register within the cal year. TION 109—COMMEMORATING THE time frames for publication of the rule speci- (g) EFFECTIVE DATE.—This section takes INDEPENDENCE OF EAST TIMOR fied in this section, the rule shall be pub- effect on the date of the enactment of this AND EXPRESSING THE SENSE OF lished without review by OMB. Act. CONGRESS THAT THE PRESI- SEC. 6. FOOD LABELING; INCLUSION OF TELE- DENT SHOULD ESTABLISH DIP- PHONE NUMBER. By Mr. ALLARD (for himself, Mr. LOMATIC RELATIONS WITH EAST (a) IN GENERAL.—Section 403(e) of the Fed- SESSIONS, and Mrs. HUTCHISON): eral Food, Drug, and Cosmetic Act (21 U.S.C. TIMOR, AND FOR OTHER PUR- S. 2501. A bill to establish require- POSES 343(e)) is amended— ments arising from the delay or re- (1) by striking ‘‘and (2)’’ and inserting the striction on the shipment of special nu- Mr. CHAFEE (for himself and Mr. following: ‘‘(2) in the case of a manufacturer, FEINGOLD) submitted the following con- packer, or distributor whose annual gross clear materials to the Savannah River Site, Aiken, South Carolina; to the current resolution; which was referred sales made or business done in sales to con- to the Committee on Foreign Rela- sumers equals or exceeds $500,000, a toll-free Committee on Armed Services. telephone number (staffed during reasonable Mr. ALLARD. Mr. President, I ask tions: business hours) for the manufacturer, pack- unanimous consent that the text of the S. CON. RES. 109 er, or distributor (including one to accom- bill be printed in the RECORD. Whereas on May 20, 2002, East Timor will modate telecommunications devices for deaf There being no objection, the bill was become the first new country of the millen- persons, commonly known as TDDs); or in ordered to be printed in the RECORD, as nium; the case of a manufacturer, packer, or dis- follows: Whereas the perseverance and strength of tributor whose annual gross sales made or S. 2501 the East Timorese people in the face of business done in sales are less than $500,000, daunting challenges has inspired the people the mailing address or the address of the Be it enacted by the Senate and House of Rep- of the United States and around the world; Internet site for the manufacturer, packer, resentatives of the United States of America in Whereas in 1974 Portugal acknowledged the or distributor; and (3)’’; and Congress assembled, right of its colonies, including East Timor, (2) by striking ‘‘clause (2)’’ and inserting SECTION 1. REQUIREMENTS RELATING TO to self-determination, including independ- ‘‘clause (3)’’. DELAY, RESTRICTION, OR PROHIBI- TION ON SHIPMENT OF SPECIAL NU- ence; FFECTIVE ATE (b) E D .—The amendments CLEAR MATERIALS TO SAVANNAH Whereas East Timor has been under United made by subsection (a) take effect upon the RIVER SITE, AIKEN, SOUTH CARO- Nations administration since October, 1999, expiration of the 180-day period beginning on LINA. during which time international peace-keep- the date of the enactment of this Act. (a) REQUIREMENTS.—Subject to subsection ing forces, supplemented by forces of the SEC. 7. DATA ON FOOD-RELATED ALLERGIC RE- (c), if as of the date of the enactment of this United States Group for East Timor SPONSES. Act, or at any time after that date, the State (USGET), have worked to stabilize East (a) IN GENERAL.—Consistent with the find- of South Carolina acts to delay or restrict, Timor and provide for its national security; ings of the study conducted under subsection or seeks or enforces a judgment to prohibit, Whereas the people of East Timor exer- (b), the Secretary of Health and Human the shipment of special nuclear materials cised their long-sought right of self-deter- Services (in this section referred to as the (SNM) to the Savannah River Site, Aiken, mination on August 30, 1999, when 98.6 per- ‘‘Secretary’’), acting through the Director of South Carolina, for processing by the pro- cent of the eligible population voted, and 78.5 the Centers for Disease Control and Preven- posed mixed oxide (MOX) fuel fabrication fa- percent chose independence, in a United Na- tion and in consultation with the Commis- cility at the Savannah River Site, the Sec- tions-administered popular consultation, de- sioner of Foods and Drugs, shall improve the retary of Energy shall— spite systematic terror and intimidation; S4166 CONGRESSIONAL RECORD — SENATE May 9, 2002 Whereas a constitution for East Timor was children separated from their parents On page 244, line 23, strike all through adopted in March, 2002; through coercion or force; ‘‘United States,’’ on line 25, and insert the Whereas East Timor is emerging from (7) expresses a commitment to maintaining following: ‘‘foreign investors in the United more than 400 years of colonization and oc- appropriate restrictions and prohibitions in States are not accorded greater rights than cupation; law on military assistance, training, rela- United States investors in the United Whereas the East Timorese people again tions, and technical support to the Indo- States,’’. demonstrated their strong commitment to nesian Armed Forces; and democracy when 91.3 percent of eligible vot- (8) acknowledges that a United Nations SA 3399. Mr. LOTT proposed an ers peacefully participated in East Timor’s International Commission of Inquiry found amendment to the bill H.R. 3009, to ex- first democratic, multiparty election for a in January 2000 that justice is ‘‘fundamental tend the Andean Trade Preference Act, Constituent Assembly on August 30, 2001, and for the future social and political stability of to grant additional trade benefits when 86.3 percent of those eligible partici- East Timor’’, and remains deeply concerned under that Act, and for other purposes; pated in the first presidential election on about the lack of justice in the region. as follows: April 14, 2002, electing Xanana Gusamo as (b) It is the sense of Congress that the their first President; President should— Strike all after the first word in the bill Whereas, as the people of East Timor move (1) immediately extend to East Timor the and add the following: proudly toward independence, many still diplomatic relations afforded to other sov- DIVISION A—BIPARTISAN TRADE struggle to recover from the scars of the ereign nations, including the establishment PROMOTION AUTHORITY military occupation and 1999 anti-independ- of an embassy in East Timor; TITLE I—TRADE PROMOTION AUTHORITY (2) maintain a robust level of United States ence violence that resulted in displacement SEC. 1101. SHORT TITLE; FINDINGS. which, according to United Nations and assistance for East Timor commensurate (a) SHORT TITLE.—This division may be with the challenges this new nation faces other independent reports, exceed 500,000 in cited as the ‘‘Bipartisan Trade Promotion after independence; number, and widespread death, rape and Authority Act of 2002’’. (3) work to fund in a generous and respon- other mistreatment of women, family sepa- (b) FINDINGS.—The Congress makes the fol- sible way East Timor’s financing gap in its ration, large refugee populations, and the de- lowing findings: recurrent and development budgets, and co- struction of 70 percent of the country’s infra- (1) The expansion of international trade is ordinate with other donors to ensure the structure; vital to the national security of the United budget gap is addressed; Whereas efforts are ongoing by East States. Trade is critical to the economic (4) focus bilateral assistance on the areas Timorese officials and others to seek justice growth and strength of the United States of employment creation, job training, rural for the crimes against humanity and war and to its leadership in the world. Stable reconstruction, micro-enterprise, environ- crimes that have been perpetrated in recent trading relationships promote security and mental protection, health care, education, years, efforts that include the work of the prosperity. Trade agreements today serve refugee resettlement, reconciliation and con- Serious Crimes Investigation Unit of the the same purposes that security pacts played flict resolution, and strengthening the role United Nations and the East Timorese Com- during the Cold War, binding nations to- of women in society; mission for Reception, Truth, and Reconcili- gether through a series of mutual rights and (5) strongly urge the Government of Indo- ation to document and assess responsibility; obligations. Leadership by the United States nesia to step up efforts to disarm and dis- Whereas Indonesian National Human in international trade fosters open markets, band all militia, hold them accountable to Rights Commission and United Nations Se- democracy, and peace throughout the world. the rule of law, ensure stability along the curity Council recommendations to inves- (2) The national security of the United border, and promptly reunite East Timorese tigate and prosecute senior Indonesian mili- States depends on its economic security, children separated from their parents tary and civilian officials for their roles in which in turn is founded upon a vibrant and through coercion or force; and promoting the 1999 anti-independence vio- growing industrial base. Trade expansion has (6) review thoroughly information from the lence in East Timor have not yet been fully been the engine of economic growth. Trade East Timorese Commission for Reception, implemented; agreements maximize opportunities for the Truth, and Reconciliation, and use all diplo- Whereas, although the people of East critical sectors and building blocks of the matic resources at the disposal of the Presi- Timor are working toward a plan for vig- economy of the United States, such as infor- dent to ensure that— orous economic growth and development, the mation technology, telecommunications and (A) those officials responsible for crimes Government of East Timor will face a sub- other leading technologies, basic industries, against humanity and war crimes against stantial shortfall in its recurrent and devel- capital equipment, medical equipment, serv- the East Timorese people are held account- opment budgets over the first 3 years of inde- ices, agriculture, environmental technology, able; and pendence, and is seeking to fill the gap en- and intellectual property. Trade will create (B) the Government of Indonesia fully co- tirely with grants from donor countries; and new opportunities for the United States and operates with the East Timorese judicial sys- Whereas a large percentage of the popu- preserve the unparalleled strength of the tem. lation of East Timor lives below the poverty United States in economic, political, and line, with inadequate access to health care f military affairs. The United States, secured and education, the unemployment rate is es- AMENDMENTS SUBMITTED AND by expanding trade and economic opportuni- timated at 80 percent, and the life expect- PROPOSED ties, will meet the challenges of the twenty- ancy is only 57 years: Now, therefore, be it first century. SA 3398. Mr. BAUCUS (for himself and Mr. Resolved by the Senate (the House of Rep- (3) Support for continued trade expansion GRASSLEY) submitted an amendment in- resentatives concurring), That (a) Congress— requires that dispute settlement procedures tended to be proposed to amendment SA 3386 (1) congratulates and honors the coura- under international trade agreements not proposed by Mr. DASCHLE to the bill (H.R. geous people of East Timor and their leaders; add to or diminish the rights and obligations 3009) to extend the Andean Trade Preference (2) welcomes East Timor into the commu- Act, to grant additional trade benefits under provided in such agreements. Nevertheless, nity of nations as a sovereign state and that Act, and for other purposes; which was in several cases, dispute settlement panels looks forward to working with East Timor as ordered to lie on the table. and the WTO Appellate Body have added to an equal partner; SA 3399. Mr. LOTT proposed an amendment obligations and diminished rights of the (3) supports United Nations and other mul- to the bill H.R. 3009, supra. United States under WTO Agreements. In tilateral efforts to support reconstruction SA 3400. Mr. BAYH (for himself, Mr. DUR- particular, dispute settlement panels and the and development in East Timor, and United BIN, Mr. DAYTON, Ms. MIKULSKI, and Mr. Appellate Body have— Nations and other multilateral peacekeeping ROCKEFELLER) submitted an amendment in- (A) given insufficient deference to the ex- forces to safeguard East Timor’s security, in- tended to be proposed to amendment SA 3386 pertise and fact-finding of the Department of cluding continuing the periodic visits by proposed by Mr. DASCHLE to the bill (H.R. Commerce and the United States Inter- United States military forces; 3009) supra; which was ordered to lie on the national Trade Commission; (4) remains committed to working toward table. (B) imposed an obligation concerning the a debt-free start to East Timor and just, sus- f causal relationship between increased im- tainable, and secure development programs ports into the United States and serious in- as well as adequate resources for the judicial TEXT OF AMENDMENTS jury to domestic industry necessary to sup- system for East Timor for the foreseeable fu- SA 3398. Mr. BAUCUS (for himself port a safeguard measure that is different ture beyond independence; and Mr. GRASSLEY) submitted an from the obligation set forth in the applica- (5) expresses continued concern over de- amendment intended to be proposed to ble WTO Agreements; plorable humanitarian conditions and an en- amendment SA 3386 proposed by Mr. (C) imposed an obligation concerning the vironment of intimidation among the East exclusion from safeguards measures of prod- DASCHLE to the bill (H.R. 3009) to ex- Timorese refugees living in West Timor; ucts imported from countries party to a free (6) strongly supports the prompt, safe, and tend the Andean Trade Preference Act, trade agreement that is different from the voluntary repatriation and reintegration of to grant additional trade benefits obligation set forth in the applicable WTO East Timorese refugees, in particular those under that Act, and for other purposes; Agreements; East Timorese still held in militia-controlled which was ordered to lie on the table; (D) imposed obligations on the Department refugee camps in West Timor, especially as follows: of Commerce with respect to the use of facts May 9, 2002 CONGRESSIONAL RECORD — SENATE S4167 available in antidumping investigations that garding foreign investment are to reduce or nance, use, and enforcement of intellectual are different from the obligations set forth eliminate artificial or trade-distorting bar- property rights; in the applicable WTO Agreements; and riers to trade-related foreign investment, (iv) ensuring that standards of protection (E) accorded insufficient deference to the while ensuring that United States investors and enforcement keep pace with techno- Department of Commerce’s methodology for in the United States are not accorded lesser logical developments, and in particular en- adjusting countervailing duties following the rights than foreign investors in the United suring that rightholders have the legal and privatization of a subsidized foreign pro- States, and to secure for investors important technological means to control the use of ducer. rights comparable to those that would be their works through the Internet and other SEC. 1102. TRADE NEGOTIATING OBJECTIVES. available under United States legal prin- global communication media, and to prevent (a) OVERALL TRADE NEGOTIATING OBJEC- ciples and practice, by— the unauthorized use of their works; and (A) reducing or eliminating exceptions to (v) providing strong enforcement of intel- TIVES.—The overall trade negotiating objec- tives of the United States for agreements the principle of national treatment; lectual property rights, including through subject to the provisions of section 1103 are— (B) freeing the transfer of funds relating to accessible, expeditious, and effective civil, (1) to obtain more open, equitable, and re- investments; administrative, and criminal enforcement ciprocal market access; (C) reducing or eliminating performance mechanisms; and (2) to obtain the reduction or elimination requirements, forced technology transfers, (B) to secure fair, equitable, and non- and other unreasonable barriers to the estab- discriminatory market access opportunities of barriers and distortions that are directly lishment and operation of investments; for United States persons that rely upon in- related to trade and that decrease market (D) seeking to establish standards for ex- tellectual property protection. opportunities for United States exports or propriation and compensation for expropria- (5) TRANSPARENCY.—The principal negoti- otherwise distort United States trade; tion, consistent with United States legal ating objective of the United States with re- (3) to further strengthen the system of principles and practice; spect to transparency is to obtain wider and international trading disciplines and proce- (E) seeking to establish standards for fair broader application of the principle of trans- dures, including dispute settlement; and equitable treatment consistent with parency through— (4) to foster economic growth, raise living United States legal principles and practice, (A) increased and more timely public ac- standards, and promote full employment in including the principle of due process; cess to information regarding trade issues the United States and to enhance the global (F) providing meaningful procedures for re- and the activities of international trade in- economy; solving investment disputes; stitutions; (5) to ensure that trade and environmental (G) seeking to improve mechanisms used to (B) increased openness at the WTO and policies are mutually supportive and to seek resolve disputes between an investor and a other international trade fora by increasing to protect and preserve the environment and government through— public access to appropriate meetings, pro- enhance the international means of doing so, (i) mechanisms to eliminate frivolous ceedings, and submissions, including with re- while optimizing the use of the world’s re- claims and to deter the filing of frivolous gard to dispute settlement and investment; sources; claims; and (6) to promote respect for worker rights (ii) procedures to ensure the efficient selec- (C) increased and more timely public ac- and the rights of children consistent with tion of arbitrators and the expeditious dis- cess to all notifications and supporting docu- core labor standards of the International position of claims; mentation submitted by parties to the WTO. Labor Organization (as defined in section (iii) procedures to enhance opportunities (6) ANTI-CORRUPTION.—The principal nego- 1113(2)) and an understanding of the relation- for public input into the formulation of gov- tiating objectives of the United States with ship between trade and worker rights; ernment positions; and respect to the use of money or other things (7) to seek provisions in trade agreements (iv) establishment of a single appellate of value to influence acts, decisions, or omis- under which parties to those agreements body to review decisions in investor-to-gov- sions of foreign governments or officials or strive to ensure that they do not weaken or ernment disputes and thereby provide coher- to secure any improper advantage in a man- reduce the protections afforded in domestic ence to the interpretations of investment ner affecting trade are— environmental and labor laws as an encour- provisions in trade agreements; and (A) to obtain high standards and appro- agement for trade; and (H) ensuring the fullest measure of trans- priate domestic enforcement mechanisms ap- (8) to ensure that trade agreements afford parency in the dispute settlement mecha- plicable to persons from all countries par- small businesses equal access to inter- nism, to the extent consistent with the need ticipating in the applicable trade agreement national markets, equitable trade benefits, to protect information that is classified or that prohibit such attempts to influence expanded export market opportunities, and business confidential, by— acts, decisions, or omissions of foreign gov- provide for the reduction or elimination of (i) ensuring that all requests for dispute ernments; and trade barriers that disproportionately im- settlement are promptly made public; (B) to ensure that such standards do not pact small business. (ii) ensuring that— place United States persons at a competitive (b) PRINCIPAL TRADE NEGOTIATING OBJEC- (I) all proceedings, submissions, findings, disadvantage in international trade. TIVES.— and decisions are promptly made public; (7) IMPROVEMENT OF THE WTO AND MULTI- (1) TRADE BARRIERS AND DISTORTIONS.—The (II) all hearings are open to the public; and LATERAL TRADE AGREEMENTS.—The principal principal negotiating objectives of the (iii) establishing a mechanism for accept- negotiating objectives of the United States United States regarding trade barriers and ance of amicus curiae submissions from busi- regarding the improvement of the World other trade distortions are— nesses, unions, and nongovernmental organi- Trade Organization, the Uruguay Round (A) to expand competitive market opportu- zations. Agreements, and other multilateral and bi- nities for United States exports and to ob- (4) INTELLECTUAL PROPERTY.—The principal lateral trade agreements are— tain fairer and more open conditions of trade negotiating objectives of the United States (A) to achieve full implementation and ex- by reducing or eliminating tariff and non- regarding trade-related intellectual property tend the coverage of the World Trade Organi- tariff barriers and policies and practices of are— zation and such agreements to products, sec- foreign governments directly related to (A) to further promote adequate and effec- tors, and conditions of trade not adequately trade that decrease market opportunities for tive protection of intellectual property covered; and United States exports or otherwise distort rights, including through— (B) to expand country participation in and United States trade; and (i)(I) ensuring accelerated and full imple- enhancement of the Information Technology (B) to obtain reciprocal tariff and nontariff mentation of the Agreement on Trade-Re- Agreement and other trade agreements. barrier elimination agreements, with par- lated Aspects of Intellectual Property Rights (8) REGULATORY PRACTICES.—The principal ticular attention to those tariff categories referred to in section 101(d)(1 5) of the Uru- negotiating objectives of the United States covered in section 111(b) of the Uruguay guay Round Agreements Act (19 U.S.C. regarding the use of government regulation Round Agreements Act (19 U.S.C. 3521(b)). 3511(d)(15)), particularly with respect to or other practices by foreign governments to (2) TRADE IN SERVICES.—The principal ne- meeting enforcement obligations under that provide a competitive advantage to their do- gotiating objective of the United States re- agreement; and mestic producers, service providers, or inves- garding trade in services is to reduce or (II) ensuring that the provisions of any tors and thereby reduce market access for eliminate barriers to international trade in multilateral or bilateral trade agreement United States goods, services, and invest- services, including regulatory and other bar- governing intellectual property rights that ments are— riers that deny national treatment and mar- is entered into by the United States reflect a (A) to achieve increased transparency and ket access or unreasonably restrict the es- standard of protection similar to that found opportunity for the participation of affected tablishment or operations of service sup- in United States law; parties in the development of regulations; pliers. (ii) providing strong protection for new and (B) to require that proposed regulations be (3) FOREIGN INVESTMENT.—Recognizing that emerging technologies and new methods of based on sound science, cost-benefit analysis, United States law on the whole provides a transmitting and distributing products em- risk assessment, or other objective evidence; high level of protection for investment, con- bodying intellectual property; (C) to establish consultative mechanisms sistent with or greater than the level re- (iii) preventing or eliminating discrimina- among parties to trade agreements to pro- quired by international law, the principal ne- tion with respect to matters affecting the mote increased transparency in developing gotiating objectives of the United States re- availability, acquisition, scope, mainte- guidelines, rules, regulations, and laws for S4168 CONGRESSIONAL RECORD — SENATE May 9, 2002

government procurement and other regu- (I) unfair or trade-distorting activities of (iii) SCOPE OF OBJECTIVE.—The negotiating latory regimes; and state trading enterprises and other adminis- objective provided in subparagraph (A) ap- (D) to achieve the elimination of govern- trative mechanisms, with emphasis on re- plies with respect to agricultural matters to ment measures such as price controls and quiring price transparency in the operation be addressed in any trade agreement entered reference pricing which deny full market ac- of state trading enterprises and such other into under section 1103 (a) or (b), including cess for United States products. mechanisms in order to end cross subsidiza- any trade agreement entered into under sec- (9) ELECTRONIC COMMERCE.—The principal tion, price discrimination, and price under- tion 1103 (a) or (b) that provides for accession negotiating objectives of the United States cutting; to a trade agreement to which the United with respect to electronic commerce are— (II) unjustified trade restrictions or com- States is already a party, such as the North (A) to ensure that current obligations, mercial requirements, such as labeling, that American Free Trade Agreement and the rules, disciplines, and commitments under affect new technologies, including bio- United States-Canada Free Trade Agree- the World Trade Organization apply to elec- technology; ment. tronic commerce; (III) unjustified sanitary or phytosanitary (11) LABOR AND THE ENVIRONMENT.—The (B) to ensure that— restrictions, including those not based on principal negotiating objectives of the (i) electronically delivered goods and serv- scientific principles in contravention of the United States with respect to labor and the ices receive no less favorable treatment Uruguay Round Agreements; environment are— under trade rules and commitments than (IV) other unjustified technical barriers to (A) to ensure that a party to a trade agree- like products delivered in physical form; and trade; and ment with the United States does not fail to (ii) the classification of such goods and (V) restrictive rules in the administration effectively enforce its environmental or services ensures the most liberal trade treat- of tariff rate quotas; labor laws, through a sustained or recurring ment possible; (ix) eliminating practices that adversely course of action or inaction, in a manner af- (C) to ensure that governments refrain affect trade in perishable or cyclical prod- fecting trade between the United States and from implementing trade-related measures ucts, while improving import relief mecha- that party after entry into force of a trade that impede electronic commerce; nisms to recognize the unique characteris- agreement between those countries; (D) where legitimate policy objectives re- tics of perishable and cyclical agriculture; (B) to recognize that parties to a trade quire domestic regulations that affect elec- (x) ensuring that the use of import relief tronic commerce, to obtain commitments mechanisms for perishable and cyclical agri- agreement retain the right to exercise dis- that any such regulations are the least re- culture are as accessible and timely to grow- cretion with respect to investigatory, pros- strictive on trade, nondiscriminatory, and ers in the United States as those mecha- ecutorial, regulatory, and compliance mat- transparent, and promote an open market nisms that are used by other countries; ters and to make decisions regarding the al- environment; and (xi) taking into account whether a party to location of resources to enforcement with re- (E) to extend the moratorium of the World the negotiations has failed to adhere to the spect to other labor or environmental mat- Trade Organization on duties on electronic provisions of already existing trade agree- ters determined to have higher priorities, transmissions. ments with the United States or has cir- and to recognize that a country is effectively (10) RECIPROCAL TRADE IN AGRICULTURE.— cumvented obligations under those agree- enforcing its laws if a course of action or in- (A) IN GENERAL.—The principal negotiating ments; action reflects a reasonable exercise of such objective of the United States with respect (xii) taking into account whether a prod- discretion, or results from a bona fide deci- to agriculture is to obtain competitive op- uct is subject to market distortions by rea- sion regarding the allocation of resources portunities for United States exports of agri- son of a failure of a major producing country and no retaliation may be authorized based cultural commodities in foreign markets to adhere to the provisions of already exist- on the exercise of these rights or the right to substantially equivalent to the competitive ing trade agreements with the United States establish domestic labor standards and levels opportunities afforded foreign exports in or by the circumvention by that country of of environmental protection; United States markets and to achieve fairer its obligations under those agreements; (C) to strengthen the capacity of United and more open conditions of trade in bulk, (xiii) otherwise ensuring that countries States trading partners to promote respect specialty crop, and value-added commodities that accede to the World Trade Organization for core labor standards (as defined in sec- by— have made meaningful market liberalization tion 1113(2)); (i) reducing or eliminating, by a date cer- commitments in agriculture; (D) to strengthen the capacity of United tain, tariffs or other charges that decrease (xiv) taking into account the impact that States trading partners to protect the envi- market opportunities for United States agreements covering agriculture to which ronment through the promotion of sustain- exports— the United States is a party, including the able development; (I) giving priority to those products that North American Free Trade Agreement, have (E) to reduce or eliminate government are subject to significantly higher tariffs or on the United States agricultural industry; practices or policies that unduly threaten subsidy regimes of major producing coun- (xv) maintaining bona fide food assistance sustainable development; tries; and programs and preserving United States mar- (F) to seek market access, through the (II) providing reasonable adjustment peri- ket development and export credit programs; elimination of tariffs and nontariff barriers, ods for United States import-sensitive prod- and for United States environmental tech- ucts, in close consultation with the Congress (xvi) strive to complete a general multilat- nologies, goods, and services; and on such products before initiating tariff re- eral round in the World Trade Organization (G) to ensure that labor, environmental, duction negotiations; by January 1, 2005, and seek the broadest health, or safety policies and practices of the (ii) reducing tariffs to levels that are the market access possible in multilateral, re- parties to trade agreements with the United same as or lower than those in the United gional, and bilateral negotiations, recog- States do not arbitrarily or unjustifiably dis- States; nizing the effect that simultaneous sets of criminate against United States exports or (iii) seeking to eliminate all export sub- negotiations may have on United States im- serve as disguised barriers to trade. sidies on agricultural commodities while port-sensitive commodities (including those (12) DISPUTE SETTLEMENT AND ENFORCE- maintaining bona fide food aid and pre- subject to tariff-rate quotas). MENT.—The principal negotiating objectives serving United States agricultural market (B) CONSULTATION.— of the United States with respect to dispute development and export credit programs (i) BEFORE COMMENCING NEGOTIATIONS.—Be- settlement and enforcement of trade agree- that allow the United States to compete fore commencing negotiations with respect ments are— with other foreign export promotion efforts; to agriculture, the United States Trade Rep- (A) to seek provisions in trade agreements (iv) allowing the preservation of programs resentative, in consultation with the Con- providing for resolution of disputes between that support family farms and rural commu- gress, shall seek to develop a position on the governments under those trade agreements nities but do not distort trade; treatment of seasonal and perishable agri- in an effective, timely, transparent, equi- (v) developing disciplines for domestic sup- cultural products to be employed in the ne- table, and reasoned manner, requiring deter- port programs, so that production that is in gotiations in order to develop an inter- minations based on facts and the principles excess of domestic food security needs is sold national consensus on the treatment of sea- of the agreements, with the goal of increas- at world prices; sonal or perishable agricultural products in ing compliance with the agreements; (vi) eliminating Government policies that investigations relating to dumping and safe- (B) to seek to strengthen the capacity of create price-depressing surpluses; guards and in any other relevant area. the Trade Policy Review Mechanism of the (vii) eliminating state trading enterprises (ii) DURING NEGOTIATIONS.—During any ne- World Trade Organization to review compli- whenever possible; gotiations on agricultural subsidies, the ance with commitments; (viii) developing, strengthening, and clari- United States Trade Representative shall (C) to seek improved adherence by panels fying rules and effective dispute settlement seek to establish the common base year for convened under the WTO Understanding on mechanisms to eliminate practices that un- calculating the Aggregated Measurement of Rules and Procedures Governing the Settle- fairly decrease United States market access Support (as defined in the Agreement on Ag- ment of Disputes and by the WTO Appellate opportunities or distort agricultural mar- riculture) as the end of each country’s Uru- Body to the standard of review applicable kets to the detriment of the United States, guay Round implementation period, as re- under the WTO Agreement involved in the particularly with respect to import-sensitive ported in each country’s Uruguay Round dispute, including greater deference, where products, including— market access schedule. appropriate, to the fact finding and technical May 9, 2002 CONGRESSIONAL RECORD — SENATE S4169 expertise of national investigating authori- (6) take into account other legitimate agreement) with, and keep fully apprised of ties; United States domestic objectives including, the negotiations, the congressional advisers (D) to seek provisions encouraging the but not limited to, the protection of legiti- for trade policy and negotiations appointed early identification and settlement of dis- mate health or safety, essential security, under section 161 of the Trade Act of 1974 (19 putes through consultation; and consumer interests and the law and reg- U.S.C. 2211), the Committee on Ways and (E) to seek provisions to encourage the ulations related thereto; Means of the House of Representatives, the provision of trade-expanding compensation if (7) have the Secretary of Labor consult Committee on Finance of the Senate, and a party to a dispute under the agreement with any country seeking a trade agreement the Congressional Oversight Group convened does not come into compliance with its obli- with the United States concerning that under section 1107; and gations under the agreement; country’s labor laws and provide technical (B) with regard to any negotiations and (F) to seek provisions to impose a penalty assistance to that country if needed; agreement relating to agricultural trade, upon a party to a dispute under the agree- (8) in connection with any trade negotia- also consult closely and on a timely basis ment that— tions entered into under this division, the (including immediately before initialing an (i) encourages compliance with the obliga- President shall submit to the Committee on agreement) with, and keep fully apprised of tions of the agreement; Ways and Means of the House of Representa- the negotiations, the Committee on Agri- (ii) is appropriate to the parties, nature, tives and the Committee on Finance of the culture of the House of Representatives and subject matter, and scope of the violation; Senate a meaningful labor rights report of the Committee on Agriculture, Nutrition, and the country, or countries, with respect to and Forestry of the Senate. (iii) has the aim of not adversely affecting which the President is negotiating, on a time parties or interests not party to the dispute frame determined in accordance with section (e) ADHERENCE TO OBLIGATIONS UNDER URU- while maintaining the effectiveness of the 1107(b)(2)(E); GUAY ROUND AGREEMENTS.—In determining enforcement mechanism; and (9)(A) preserve the ability of the United whether to enter into negotiations with a (G) to seek provisions that treat United States to enforce rigorously its trade laws, particular country, the President shall take States principal negotiating objectives including the antidumping, countervailing into account the extent to which that coun- equally with respect to— duty, and safeguard laws, and avoid agree- try has implemented, or has accelerated the (i) the ability to resort to dispute settle- ments that lessen the effectiveness of domes- implementation of, its obligations under the ment under the applicable agreement; tic and international disciplines on unfair (ii) the availability of equivalent dispute trade, especially dumping and subsidies, or Uruguay Round Agreements. settlement procedures; and that lessen the effectiveness of domestic and SEC. 1103. TRADE AGREEMENTS AUTHORITY. (iii) the availability of equivalent rem- international safeguard provisions, in order edies. to ensure that United States workers, agri- (a) AGREEMENTS REGARDING TARIFF BAR- (13) BORDER TAXES.—The principal negoti- cultural producers, and firms can compete RIERS.— ating objective of the United States regard- fully on fair terms and enjoy the benefits of (1) IN GENERAL.—Whenever the President ing border taxes is to obtain a revision of the reciprocal trade concessions; and determines that one or more existing duties WTO rules with respect to the treatment of (B) address and remedy market distortions or other import restrictions of any foreign border adjustments for internal taxes to re- that lead to dumping and subsidization, in- country or the United States are unduly bur- dress the disadvantage to countries relying cluding overcapacity, cartelization, and mar- dening and restricting the foreign trade of primarily on direct taxes for revenue rather ket-access barriers. the United States and that the purposes, than indirect taxes. (10) continue to promote consideration of policies, priorities, and objectives of this di- (14) WTO EXTENDED NEGOTIATIONS.—The multilateral environmental agreements and vision will be promoted thereby, the principal negotiating objectives of the consult with parties to such agreements re- President— United States regarding trade in civil air- garding the consistency of any such agree- (A) may enter into trade agreements with craft are those set forth in section 135(c) of ment that includes trade measures with ex- foreign countries before— the Uruguay Round Agreements Act (19 isting environmental exceptions under Arti- (i) June 1, 2005; or U.S.C. 3355(c)) and regarding rules of origin cle XX of the GATT 1994; (ii) June 1, 2007, if trade authorities proce- are the conclusion of an agreement described (11) report to the Committee on Ways and dures are extended under subsection (c); and in section 132 of that Act (19 U.S.C. 3552). Means of the House of Representatives and (B) may, subject to paragraphs (2) and (3), (c) PROMOTION OF CERTAIN PRIORITIES.—In the Committee on Finance of the Senate, not proclaim— order to address and maintain United States later than 12 months after the imposition of (i) such modification or continuance of any competitiveness in the global economy, the a penalty or remedy by the United States existing duty, President shall— permitted by a trade agreement to which (ii) such continuance of existing duty-free (1) seek greater cooperation between the this division applies, on the effectiveness of or excise treatment, or WTO and the ILO; the penalty or remedy applied under United (iii) such additional duties, (2) seek to establish consultative mecha- States law in enforcing United States rights as the President determines to be required or nisms among parties to trade agreements to under the trade agreement; and strengthen the capacity of United States appropriate to carry out any such trade (12) seek to establish consultative mecha- agreement. trading partners to promote respect for core nisms among parties to trade agreements to labor standards (as defined in section examine the trade consequences of signifi- The President shall notify the Congress of 1113(2)), and report to the Committee on cant and unanticipated currency movements the President’s intention to enter into an Ways and Means of the House of Representa- and to scrutinize whether a foreign govern- agreement under this subsection. tives and the Committee on Finance of the ment engaged in a pattern of manipulating (2) LIMITATIONS.—No proclamation may be Senate on the content and operation of such its currency to promote a competitive ad- made under paragraph (1) that— mechanisms; vantage in international trade. (A) reduces any rate of duty (other than a (3) seek to establish consultative mecha- The report required under paragraph (11) rate of duty that does not exceed 5 percent nisms among parties to trade agreements to shall address whether the penalty or remedy ad valorem on the date of the enactment of strengthen the capacity of United States was effective in changing the behavior of the this Act) to a rate of duty which is less than trading partners to develop and implement targeted party and whether the penalty or 50 percent of the rate of such duty that ap- standards for the protection of the environ- remedy had any adverse impact on parties or plies on such date of enactment; ment and human health based on sound interests not party to the dispute. (B) reduces the rate of duty below that ap- science, and report to the Committee on (d) CONSULTATIONS.— plicable under the Uruguay Round Agree- Ways and Means of the House of Representa- (1) CONSULTATIONS WITH CONGRESSIONAL AD- ments, on any agricultural product which tives and the Committee on Finance of the VISERS.—In the course of negotiations con- was the subject of tariff reductions by the Senate on the content and operation of such ducted under this division, the United States United States as a result of the Uruguay mechanisms; Trade Representative shall consult closely Round Agreements, for which the rate of (4) conduct environmental reviews of fu- and on a timely basis with, and keep fully duty, pursuant to such Agreements, was re- ture trade and investment agreements, con- apprised of the negotiations, the Congres- duced on January 1, 1995, to a rate which was sistent with Executive Order 13141 of Novem- sional Oversight Group convened under sec- not less than 97.5 percent of the rate of duty ber 16, 1999 and the relevant guidelines, and tion 1107 and all committees of the House of that applied to such article on December 31, report to the Committee on Ways and Means Representatives and the Senate with juris- 1994; or of the House of Representatives and the diction over laws that would be affected by a (C) increases any rate of duty above the Committee on Finance of the Senate on such trade agreement resulting from the negotia- rate that applied on the date of the enact- reviews; tions. ment of this Act. (5) review the impact of future trade agree- (2) CONSULTATION BEFORE AGREEMENT INI- (3) AGGREGATE REDUCTION; EXEMPTION FROM ments on United States employment, mod- TIALED.—In the course of negotiations con- STAGING.— eled after Executive Order 13141, and report ducted under this division, the United States (A) AGGREGATE REDUCTION.—Except as pro- to the Committee on Ways and Means of the Trade Representative shall— vided in subparagraph (B), the aggregate re- House of Representatives and the Committee (A) consult closely and on a timely basis duction in the rate of duty on any article on Finance of the Senate on such review; (including immediately before initialing an which is in effect on any day pursuant to a S4170 CONGRESSIONAL RECORD — SENATE May 9, 2002

trade agreement entered into under para- (i) the reduction or elimination of a duty, (A) REPORT BY THE ADVISORY COMMITTEE.— graph (1) shall not exceed the aggregate re- restriction, barrier, or other distortion de- The President shall promptly inform the Ad- duction which would have been in effect on scribed in subparagraph (A), or visory Committee for Trade Policy and Ne- such day if— (ii) the prohibition of, or limitation on the gotiations established under section 135 of (i) a reduction of 3 percent ad valorem or a imposition of, such barrier or other distor- the Trade Act of 1974 (19 U.S.C. 2155) of the reduction of one-tenth of the total reduction, tion. President’s decision to submit a report to whichever is greater, had taken effect on the (C) TIME PERIOD.—The President may enter the Congress under paragraph (2). The Advi- effective date of the first reduction pro- into a trade agreement under this paragraph sory Committee shall submit to the Congress claimed under paragraph (1) to carry out before— as soon as practicable, but not later than such agreement with respect to such article; (i) June 1, 2005; or May 1, 2005, a written report that contains— and (ii) June 1, 2007, if trade authorities proce- (i) its views regarding the progress that (ii) a reduction equal to the amount appli- dures are extended under subsection (c). has been made in negotiations to achieve the cable under clause (i) had taken effect at 1- (2) CONDITIONS.—A trade agreement may be purposes, policies, priorities, and objectives year intervals after the effective date of such entered into under this subsection only if of this division; and first reduction. such agreement makes progress in meeting (ii) a statement of its views, and the rea- (B) EXEMPTION FROM STAGING.—No staging the applicable objectives described in section sons therefor, regarding whether the exten- is required under subparagraph (A) with re- 1102 (a) and (b) and the President satisfies sion requested under paragraph (2) should be spect to a duty reduction that is proclaimed the conditions set forth in section 1104. approved or disapproved. under paragraph (1) for an article of a kind (3) BILLS QUALIFYING FOR TRADE AUTHORI- (B) REPORT BY ITC.—The President shall that is not produced in the United States. TIES PROCEDURES.— promptly inform the International Trade The United States International Trade Com- (A) APPLICATION OF EXPEDITED PROCE- Commission of the President’s decision to mission shall advise the President of the DURES.—The provisions of section 151 of the submit a report to the Congress under para- identity of articles that may be exempted Trade Act of 1974 (in this division referred to graph (2). The International Trade Commis- from staging under this subparagraph. as ‘‘trade authorities procedures’’) apply to a sion shall submit to the Congress as soon as (4) ROUNDING.—If the President determines bill of either House of Congress which con- practicable, but not later than May 1, 2005, a that such action will simplify the computa- tains provisions described in subparagraph written report that contains a review and tion of reductions under paragraph (3), the (B) to the same extent as such section 151 ap- analysis of the economic impact on the President may round an annual reduction by plies to implementing bills under that sec- United States of all trade agreements imple- an amount equal to the lesser of— tion. A bill to which this paragraph applies mented between the date of enactment of (A) the difference between the reduction shall hereafter in this division be referred to this Act and the date on which the President without regard to this paragraph and the as an ‘‘implementing bill’’. decides to seek an extension requested under next lower whole number; or (B) PROVISIONS DESCRIBED.—The provisions paragraph (2). (B) one-half of 1 percent ad valorem. referred to in subparagraph (A) are— (4) STATUS OF REPORTS.—The reports sub- (i) a provision approving a trade agreement mitted to the Congress under paragraphs (2) (5) OTHER LIMITATIONS.—A rate of duty re- duction that may not be proclaimed by rea- entered into under this subsection and ap- and (3), or any portion of such reports, may son of paragraph (2) may take effect only if proving the statement of administrative ac- be classified to the extent the President de- tion, if any, proposed to implement such termines appropriate. a provision authorizing such reduction is in- trade agreement; and (5) EXTENSION DISAPPROVAL RESOLUTIONS.— cluded within an implementing bill provided (ii) if changes in existing laws or new stat- (A) DEFINITION.—For purposes of paragraph for under section 1105 and that bill is enacted utory authority are required to implement (1), the term ‘‘extension disapproval resolu- into law. such trade agreement or agreements, provi- tion’’ means a resolution of either House of (6) OTHER TARIFF MODIFICATIONS.—Notwith- sions, necessary or appropriate to implement the Congress, the sole matter after the re- standing paragraphs (1)(B), (2)(A), (2)(C), and such trade agreement or agreements, either solving clause of which is as follows: ‘‘That (3) through (5), and subject to the consulta- repealing or amending existing laws or pro- the ll disapproves the request of the Presi- tion and layover requirements of section 115 viding new statutory authority. dent for the extension, under section of the Uruguay Round Agreements Act, the 1103(c)(1)(B)(i) of the Bipartisan Trade Pro- President may proclaim the modification of (c) EXTENSION DISAPPROVAL PROCESS FOR motion Authority Act of 2002, of the trade any duty or staged rate reduction of any CONGRESSIONAL TRADE AUTHORITIES PROCE- authorities procedures under that Act to any duty set forth in Schedule XX, as defined in DURES.— implementing bill submitted with respect to section 2(5) of that Act, if the United States (1) IN GENERAL.—Except as provided in sec- any trade agreement entered into under sec- agrees to such modification or staged rate tion 1105(b)— tion 1103(b) of that Act after June 30, 2005.’’, reduction in a negotiation for the reciprocal (A) the trade authorities procedures apply with the blank space being filled with the elimination or harmonization of duties under to implementing bills submitted with re- name of the resolving House of the Congress. the auspices of the World Trade Organiza- spect to trade agreements entered into under (B) INTRODUCTION.—Extension disapproval tion. subsection (b) before July 1, 2005; and resolutions— (7) AUTHORITY UNDER URUGUAY ROUND (B) the trade authorities procedures shall (i) may be introduced in either House of AGREEMENTS ACT NOT AFFECTED.—Nothing in be extended to implementing bills submitted the Congress by any member of such House; this subsection shall limit the authority pro- with respect to trade agreements entered and vided to the President under section 111(b) of into under subsection (b) after June 30, 2005, (ii) shall be referred, in the House of Rep- the Uruguay Round Agreements Act (19 and before July 1, 2007, if (and only if)— resentatives, to the Committee on Ways and U.S.C. 3521(b)). (i) the President requests such extension under paragraph (2); and Means and, in addition, to the Committee on (b) AGREEMENTS REGARDING TARIFF AND (ii) neither House of the Congress adopts Rules. NONTARIFF BARRIERS.— an extension disapproval resolution under (C) APPLICATION OF SECTION 152 OF THE (1) IN GENERAL.— paragraph (5) before June 1, 2005. TRADE ACT OF 1974.—The provisions of section (A) DETERMINATION BY PRESIDENT.—When- (2) REPORT TO CONGRESS BY THE PRESI- 152 (d) and (e) of the Trade Act of 1974 (19 ever the President determines that— DENT.—If the President is of the opinion that U.S.C. 2192 (d) and (e)) (relating to the floor (i) one or more existing duties or any other the trade authorities procedures should be consideration of certain resolutions in the import restriction of any foreign country or extended to implementing bills described in House and Senate) apply to extension dis- the United States or any other barrier to, or paragraph (1)(B), the President shall submit approval resolutions. other distortion of, international trade un- to the Congress, not later than March 1, 2005, (D) LIMITATIONS.—It is not in order for— duly burdens or restricts the foreign trade of a written report that contains a request for (i) the Senate to consider any extension the United States or adversely affects the such extension, together with— disapproval resolution not reported by the United States economy; or (A) a description of all trade agreements Committee on Finance; (ii) the imposition of any such barrier or that have been negotiated under subsection (ii) the House of Representatives to con- distortion is likely to result in such a bur- (b) and the anticipated schedule for submit- sider any extension disapproval resolution den, restriction, or effect; ting such agreements to the Congress for ap- not reported by the Committee on Ways and and that the purposes, policies, priorities, proval; Means and, in addition, by the Committee on and objectives of this division will be pro- (B) a description of the progress that has Rules; or moted thereby, the President may enter into been made in negotiations to achieve the (iii) either House of the Congress to con- a trade agreement described in subparagraph purposes, policies, priorities, and objectives sider an extension disapproval resolution (B) during the period described in subpara- of this division, and a statement that such after June 30, 2005. graph (C). progress justifies the continuation of nego- (d) COMMENCEMENT OF NEGOTIATIONS.—In (B) AGREEMENT TO REDUCE OR ELIMINATE tiations; and order to contribute to the continued eco- CERTAIN DISTORTION.—The President may (C) a statement of the reasons why the ex- nomic expansion of the United States, the enter into a trade agreement under subpara- tension is needed to complete the negotia- President shall commence negotiations cov- graph (A) with foreign countries providing tions. ering tariff and nontariff barriers affecting for— (3) OTHER REPORTS TO CONGRESS.— any industry, product, or service sector, and May 9, 2002 CONGRESSIONAL RECORD — SENATE S4171 expand existing sectoral agreements to coun- ucts subject to tariff reductions by the er the negotiation provides an opportunity tries that are not parties to those agree- United States as a result of the Uruguay to address any such disparity. The President ments, in cases where the President deter- Round Agreements, for which the rate of shall consult with the Committee on Ways mines that such negotiations are feasible duty was reduced on January 1, 1995, to a and Means of the House of Representatives and timely and would benefit the United rate which was not less than 97.5 percent of and the Committee on Finance of the Senate States. Such sectors include agriculture, the rate of duty that applied to such article concerning the results of the assessment, commercial services, intellectual property on December 31, 1994; whether it is appropriate for the United rights, industrial and capital goods, govern- (ii) consult with the Committee on Ways States to agree to further tariff reductions ment procurement, information technology and Means and the Committee on Agri- based on the conclusions reached in the as- products, environmental technology and culture of the House of Representatives and sessment, and how all applicable negotiating services, medical equipment and services, the Committee on Finance and the Com- objectives will be met. civil aircraft, and infrastructure products. In mittee on Agriculture, Nutrition, and For- (d) CONSULTATION WITH CONGRESS BEFORE so doing, the President shall take into ac- estry of the Senate concerning— AGREEMENTS ENTERED INTO.— count all of the principal negotiating objec- (I) whether any further tariff reductions on (1) CONSULTATION.—Before entering into tives set forth in section 1102(b). the products identified under clause (i) any trade agreement under section 1103(b), the President shall consult with— SEC. 1104. CONSULTATIONS AND ASSESSMENT. should be appropriate, taking into account the impact of any such tariff reduction on (A) the Committee on Ways and Means of (a) NOTICE AND CONSULTATION BEFORE NE- the House of Representatives and the Com- the United States industry producing the GOTIATION.—The President, with respect to mittee on Finance of the Senate; product concerned; any agreement that is subject to the provi- (B) each other committee of the House and (II) whether the products so identified face sions of section 1103(b), shall— the Senate, and each joint committee of the unjustified sanitary or phytosanitary re- (1) provide, at least 90 calendar days before Congress, which has jurisdiction over legisla- strictions, including those not based on sci- initiating negotiations, written notice to the tion involving subject matters which would entific principles in contravention of the Congress of the President’s intention to be affected by the trade agreement; and Uruguay Round Agreements; and enter into the negotiations and set forth (C) the Congressional Oversight Group con- (III) whether the countries participating in therein the date the President intends to ini- vened under section 1107. the negotiations maintain export subsidies tiate such negotiations, the specific United (2) SCOPE.—The consultation described in States objectives for the negotiations, and or other programs, policies, or practices that paragraph (1) shall include consultation with whether the President intends to seek an distort world trade in such products and the respect to— agreement, or changes to an existing agree- impact of such programs, policies, and prac- (A) the nature of the agreement; ment; tices on United States producers of the prod- (B) how and to what extent the agreement (2) before and after submission of the no- ucts; will achieve the applicable purposes, poli- tice, consult regarding the negotiations with (iii) request that the International Trade cies, priorities, and objectives of this divi- the Committee on Finance of the Senate and Commission prepare an assessment of the sion; and the Committee on Ways and Means of the probable economic effects of any such tariff (C) the implementation of the agreement House of Representatives, such other com- reduction on the United States industry pro- under section 1105, including the general ef- mittees of the House and Senate as the ducing the product concerned and on the fect of the agreement on existing laws. President deems appropriate, and the Con- United States economy as a whole; and (3) REPORT REGARDING UNITED STATES gressional Oversight group convened under (iv) upon complying with clauses (i), (ii), TRADE REMEDY LAWS.— section 1107; and and (iii), notify the Committee on Ways and (A) CHANGES IN CERTAIN TRADE LAWS.—The (3) upon the request of a majority of the Means and the Committee on Agriculture of President, at least 90 calendar days before members of the Congressional Oversight the House of Representatives and the Com- the day on which the President enters into a Group under section 1107(c), meet with the mittee on Finance and the Committee on Ag- trade agreement, shall notify the Committee Congressional Oversight Group before initi- riculture, Nutrition, and Forestry of the on Ways and Means of the House of Rep- ating the negotiations or at any other time Senate of those products identified under resentatives and the Committee on Finance concerning the negotiations. clause (i) for which the Trade Representative of the Senate in writing of any amendments (b) NEGOTIATIONS REGARDING AGRICULTURE intends to seek tariff liberalization in the to title VII of the Tariff Act of 1930 or chap- AND FISHING INDUSTRY.— negotiations and the reasons for seeking ter 1 of title II of the Trade Act of 1974 that (1) IN GENERAL.—Before initiating or con- such tariff liberalization. the President proposes to include in a bill tinuing negotiations the subject matter of (B) IDENTIFICATION OF ADDITIONAL AGRICUL- implementing such trade agreement. which is directly related to the subject mat- TURAL PRODUCTS.—If, after negotiations de- (B) EXPLANATION.—On the date that the ter under section 1102(b)(10)(A)(i) with any scribed in subparagraph (A) are President transmits the notification, the country, the President shall assess whether commenced— President also shall transmit to the Commit- United States tariffs on agricultural prod- (i) the United States Trade Representative tees a report explaining— ucts that were bound under the Uruguay identifies any additional agricultural prod- (i) the President’s reasons for believing Round Agreements are lower than the tariffs uct described in subparagraph (A)(i) for tariff that amendments to title VII of the Tariff bound by that country. In addition, the reductions which were not the subject of a Act of 1930 or to chapter 1 of title II of the President shall consider whether the tariff notification under subparagraph (A)(iv), or Trade Act of 1974 are necessary to implement levels bound and applied throughout the (ii) any additional agricultural product de- the trade agreement; and world with respect to imports from the scribed in subparagraph (A)(i) is the subject (ii) the President’s reasons for believing United States are higher than United States of a request for tariff reductions by a party that such amendments are consistent with tariffs and whether the negotiation provides to the negotiations, the purposes, policies, and objectives de- an opportunity to address any such dis- the Trade Representative shall, as soon as scribed in section 1102(c)(9). parity. The President shall consult with the practicable, notify the committees referred (C) REPORT TO HOUSE.—Not later than 60 Committee on Ways and Means and the Com- to in subparagraph (A)(iv) of those products calendar days after the date on which the mittee on Agriculture of the House of Rep- and the reasons for seeking such tariff reduc- President transmits the notification de- resentatives and the Committee on Finance tions. scribed in subparagraph (A), the Chairman and the Committee on Agriculture, Nutri- (3) NEGOTIATIONS REGARDING THE FISHING and ranking member of the Ways and Means tion, and Forestry of the Senate concerning INDUSTRY.—Before initiating, or continuing, Committee of the House of Representatives, the results of the assessment, whether it is negotiations which directly relate to fish or based on consultations with the members of appropriate for the United States to agree to shellfish trade with any country, the Presi- that Committee, shall issue to the House of further tariff reductions based on the conclu- dent shall consult with the Committee on Representatives a report stating whether the sions reached in the assessment, and how all Ways and Means and the Committee on Re- proposed amendments described in the Presi- applicable negotiating objectives will be sources of the House of Representatives, and dent’s notification are consistent with the met. the Committee on Finance and the Com- purposes, policies, and objectives described (2) SPECIAL CONSULTATIONS ON IMPORT SEN- mittee on Commerce, Science, and Transpor- in section 1102(c)(9). In the event that the SITIVE PRODUCTS.— tation of the Senate, and shall keep the Chairman and ranking member disagree with (A) IN GENERAL.—Before initiating negotia- Committees apprised of negotiations on an respect to one or more conclusions, the re- tions with regard to agriculture, and, with ongoing and timely basis. port shall contain the separate views of the respect to the Free Trade Area for the Amer- (c) NEGOTIATIONS REGARDING TEXTILES.— Chairman and ranking member. icas and negotiations with regard to agri- Before initiating or continuing negotiations (D) REPORT TO SENATE.—Not later than 60 culture under the auspices of the World the subject matter of which is directly re- calendar days after the date on which the Trade Organization, as soon as practicable lated to textiles and apparel products with President transmits the notification de- after the date of enactment of this Act, the any country, the President shall assess scribed in subparagraph (A), the Chairman United States Trade Representative shall— whether United States tariffs on textile and and ranking member of the Finance Com- (i) identify those agricultural products apparel products that were bound under the mittee of the Senate, based on consultations subject to tariff-rate quotas on the date of Uruguay Round Agreements are lower than with the members of that Committee, shall enactment of this Act, and agricultural prod- the tariffs bound by that country and wheth- issue to the Senate a report stating whether S4172 CONGRESSIONAL RECORD — SENATE May 9, 2002

the proposed amendments described in the United States into compliance with the (A) IN GENERAL.—The trade authorities President’s report are consistent with the agreement; procedures shall not apply to any imple- purposes, policies, and objectives described (C) after entering into the agreement, the menting bill submitted with respect to a in section 1102(c)(9). In the event that the President submits to the Congress, on a day trade agreement or trade agreements entered Chairman and ranking member disagree with on which both Houses of Congress are in ses- into under section 1103(b) if during the 60-day respect to one or more conclusions, the re- sion, a copy of the final legal text of the period beginning on the date that one House port shall contain the separate views of the agreement, together with— of Congress agrees to a procedural dis- Chairman and ranking member. (i) a draft of an implementing bill de- approval resolution for lack of notice or con- (e) ADVISORY COMMITTEE REPORTS.—The re- scribed in section 1103(b)(3); sultations with respect to such trade agree- port required under section 135(e)(1) of the (ii) a statement of any administrative ac- ment or agreements, the other House sepa- Trade Act of 1974 regarding any trade agree- tion proposed to implement the trade agree- rately agrees to a procedural disapproval res- ment entered into under section 1103 (a) or ment; and olution with respect to such trade agreement (b) of this division shall be provided to the (iii) the supporting information described or agreements. President, the Congress, and the United in paragraph (2); and (B) PROCEDURAL DISAPPROVAL RESOLU- States Trade Representative not later than (D) the implementing bill is enacted into TION.—(i) For purposes of this paragraph, the 30 days after the date on which the President law. term ‘‘procedural disapproval resolution’’ notifies the Congress under section 1103(a)(1) (2) SUPPORTING INFORMATION.—The sup- means a resolution of either House of Con- or 1105(a)(1)(A) of the President’s intention porting information required under para- gress, the sole matter after the resolving graph (1)(C)(iii) consists of— to enter into the agreement. clause of which is as follows: ‘‘That the (A) an explanation as to how the imple- (f) ITC ASSESSMENT.— President has failed or refused to notify or menting bill and proposed administrative ac- (1) IN GENERAL.—The President, at least 90 consult in accordance with the Bipartisan tion will change or affect existing law; and calendar days before the day on which the Trade Promotion Authority Act of 2002 on (B) a statement— President enters into a trade agreement negotiations with respect to and, (i) asserting that the agreement makes llllll under section 1103(b), shall provide the Inter- therefore, the trade authorities procedures progress in achieving the applicable pur- national Trade Commission (referred to in under that Act shall not apply to any imple- poses, policies, priorities, and objectives of this subsection as ‘‘the Commission’’) with menting bill submitted with respect to such the details of the agreement as it exists at this division; and (ii) setting forth the reasons of the Presi- trade agreement or agreements.’’, with the that time and request the Commission to blank space being filled with a description of prepare and submit an assessment of the dent regarding— (I) how and to what extent the agreement the trade agreement or agreements with re- agreement as described in paragraph (2). Be- makes progress in achieving the applicable spect to which the President is considered to tween the time the President makes the re- purposes, policies, and objectives referred to have failed or refused to notify or consult. quest under this paragraph and the time the in clause (i); (ii) For purposes of clause (i), the President Commission submits the assessment, the (II) whether and how the agreement has ‘‘failed or refused to notify or consult in President shall keep the Commission current changes provisions of an agreement pre- accordance with the Bipartisan Trade Pro- with respect to the details of the agreement. viously negotiated; motion Authority Act of 2002’’ on negotia- (2) ITC ASSESSMENT.—Not later than 90 cal- (III) how the agreement serves the inter- tions with respect to a trade agreement or endar days after the President enters into ests of United States commerce; trade agreements if— the agreement, the Commission shall submit (IV) how the implementing bill meets the (I) the President has failed or refused to to the President and the Congress a report standards set forth in section 1103(b)(3); consult (as the case may be) in accordance assessing the likely impact of the agreement (V) how and to what extent the agreement with section 1104 or 1105 with respect to the on the United States economy as a whole makes progress in achieving the applicable negotiations, agreement, or agreements; and on specific industry sectors, including purposes, policies, and objectives referred to (II) guidelines under section 1107(b) have the impact the agreement will have on the in section 1102(c) regarding the promotion of not been developed or met with respect to gross domestic product, exports and imports, certain priorities; and the negotiations, agreement, or agreements; aggregate employment and employment op- (VI) in the event that the reports described (III) the President has not met with the portunities, the production, employment, in section 1104(b)(3) (C) and (D) contain any Congressional Oversight Group pursuant to a and competitive position of industries likely findings that the proposed amendments are request made under section 1107(c) with re- to be significantly affected by the agree- inconsistent with the purposes, policies, and spect to the negotiations, agreement, or ment, and the interests of United States con- objectives described in section 1102(c)(9), an agreements; or sumers. explanation as to why the President believes (IV) the agreement or agreements fail to (3) REVIEW OF EMPIRICAL LITERATURE.—In such findings to be incorrect. make progress in achieving the purposes, preparing the assessment, the Commission (3) RECIPROCAL BENEFITS.—In order to en- policies, priorities, and objectives of this di- shall review available economic assessments sure that a foreign country that is not a vision. regarding the agreement, including lit- party to a trade agreement entered into (C) PROCEDURES FOR CONSIDERING RESOLU- erature regarding any substantially equiva- under section 1103(b) does not receive bene- TIONS.—(i) Procedural disapproval lent proposed agreement, and shall provide fits under the agreement unless the country resolutions— in its assessment a description of the anal- is also subject to the obligations under the (I) in the House of Representatives— yses used and conclusions drawn in such lit- agreement, the implementing bill submitted (aa) may be introduced by any Member of erature, and a discussion of areas of con- with respect to the agreement shall provide the House; sensus and divergence between the various that the benefits and obligations under the (bb) shall be referred to the Committee on analyses and conclusions, including those of agreement apply only to the parties to the Ways and Means and, in addition, to the the Commission regarding the agreement. agreement, if such application is consistent Committee on Rules; and SEC. 1105. IMPLEMENTATION OF TRADE AGREE- with the terms of the agreement. The imple- (cc) may not be amended by either Com- MENTS. menting bill may also provide that the bene- mittee; and (a) IN GENERAL.— fits and obligations under the agreement do (II) in the Senate— (1) NOTIFICATION AND SUBMISSION.—Any not apply uniformly to all parties to the (aa) may be introduced by any Member of agreement entered into under section 1103(b) agreement, if such application is consistent the Senate. shall enter into force with respect to the with the terms of the agreement. (bb) shall be referred to the Committee on United States if (and only if)— (4) DISCLOSURE OF COMMITMENTS.—Any Finance; and (A) the President, at least 90 calendar days agreement or other understanding with a (cc) may not be amended. before the day on which the President enters foreign government or governments (whether (ii) The provisions of section 152(d) and (e) into an agreement— oral or in writing) that— of the Trade Act of 1974 (19 U.S.C. 2192(d) and (i) notifies the House of Representatives (A) relates to a trade agreement with re- (e)) (relating to the floor consideration of and the Senate of the President’s intention spect to which Congress enacts imple- certain resolutions in the House and Senate) to enter into the agreement, and promptly menting legislation under trade authorities apply to a procedural disapproval resolution thereafter publishes notice of such intention procedures, and introduced with respect to a trade agreement in the Federal Register; and (B) is not disclosed to Congress before leg- if no other procedural disapproval resolution (ii) transmits to the Committee on Ways islation implementing that agreement is in- with respect to that trade agreement has and Means of the House of Representatives troduced in either House of Congress, previously been considered under such provi- and the Committee on Finance of the Senate shall not be considered to be part of the sions of section 152 of the Trade Act of 1974 the notification and report described in sec- agreement approved by Congress and shall in that House of Congress during that Con- tion 1104(d)(3) (A) and (B); have no force and effect under United States gress. (B) within 60 days after entering into the law or in any dispute settlement body. (iii) It is not in order for the House of Rep- agreement, the President submits to the (b) LIMITATIONS ON TRADE AUTHORITIES resentatives to consider any procedural dis- Congress a description of those changes to PROCEDURES.— approval resolution not reported by the Com- existing laws that the President considers (1) FOR LACK OF NOTICE OR CONSULTA- mittee on Ways and Means and, in addition, would be required in order to bring the TIONS.— by the Committee on Rules. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4173

(iv) It is not in order for the Senate to con- (2) MEMBERSHIP FROM THE HOUSE.—In each practicable after the Congressional Over- sider any procedural disapproval resolution Congress, the Congressional Oversight Group sight Group is convened, with more frequent not reported by the Committee on Finance. shall be comprised of the following Members briefings as trade negotiations enter the (2) FOR FAILURE TO MEET OTHER REQUIRE- of the House of Representatives: final stage; MENTS.—Prior to December 31, 2002, the Sec- (A) The chairman and ranking member of (B) access by members of the Congressional retary of Commerce shall transmit to Con- the Committee on Ways and Means, and 3 ad- Oversight Group, and staff with proper secu- gress a report setting forth the strategy of ditional members of such Committee (not rity clearances, to pertinent documents re- the United States for correcting instances in more than 2 of whom are members of the lating to the negotiations, including classi- which dispute settlement panels and the Ap- same political party). fied materials; pellate Body of the WTO have added to obli- (B) The chairman and ranking member, or (C) the closest practicable coordination be- gations or diminished rights of the United their designees, of the committees of the tween the Trade Representative and the Con- States, as described in section 1101(b)(3). House of Representatives which would have, gressional Oversight Group at all critical pe- Trade authorities procedures shall not apply under the Rules of the House of Representa- riods during the negotiations, including at to any implementing bill with respect to an tives, jurisdiction over provisions of law af- negotiation sites; agreement negotiated under the auspices of fected by a trade agreement negotiations for (D) after the applicable trade agreement is the WTO, unless the Secretary of Commerce which are conducted at any time during that concluded, consultation regarding ongoing has issued such report in a timely manner. Congress and to which this division would compliance and enforcement of negotiated (c) RULES OF HOUSE OF REPRESENTATIVES apply. commitments under the trade agreement; AND SENATE.—Subsection (b) of this section (3) MEMBERSHIP FROM THE SENATE.—In each and and section 1103(c) are enacted by the Congress, the Congressional Oversight Group (E) the time frame for submitting the re- Congress— shall also be comprised of the following port required under section 1102(c)(8). (1) as an exercise of the rulemaking power members of the Senate: (c) REQUEST FOR MEETING.—Upon the re- of the House of Representatives and the Sen- (A) The chairman and ranking Member of quest of a majority of the Congressional ate, respectively, and as such are deemed a the Committee on Finance and 3 additional Oversight Group, the President shall meet part of the rules of each House, respectively, members of such Committee (not more than with the Congressional Oversight Group be- and such procedures supersede other rules 2 of whom are members of the same political fore initiating negotiations with respect to a only to the extent that they are inconsistent party). trade agreement, or at any other time con- with such other rules; and (B) The chairman and ranking member, or cerning the negotiations. their designees, of the committees of the (2) with the full recognition of the con- SEC. 1108. ADDITIONAL IMPLEMENTATION AND stitutional right of either House to change Senate which would have, under the Rules of ENFORCEMENT REQUIREMENTS. the Senate, jurisdiction over provisions of the rules (so far as relating to the procedures (a) IN GENERAL.—At the time the President of that House) at any time, in the same man- law affected by a trade agreement negotia- submits to the Congress the final text of an tions for which are conducted at any time ner, and to the same extent as any other rule agreement pursuant to section 1105(a)(1)(C), during that Congress and to which this divi- of that House. the President shall also submit a plan for sion would apply. SEC. 1106. TREATMENT OF CERTAIN TRADE implementing and enforcing the agreement. (4) ACCREDITATION.—Each member of the AGREEMENTS FOR WHICH NEGOTIA- The implementation and enforcement plan Congressional Oversight Group described in TIONS HAVE ALREADY BEGUN. shall include the following: paragraph (2)(A) and (3)(A) shall be accred- (a) CERTAIN AGREEMENTS.—Notwith- (1) BORDER PERSONNEL REQUIREMENTS.—A ited by the United States Trade Representa- standing the prenegotiation notification and description of additional personnel required tive on behalf of the President as official ad- consultation requirement described in sec- at border entry points, including a list of ad- visers to the United States delegation in ne- tion 1104(a), if an agreement to which section ditional customs and agricultural inspectors. 1103(b) applies— gotiations for any trade agreement to which this division applies. Each member of the (2) AGENCY STAFFING REQUIREMENTS.—A de- (1) is entered into under the auspices of the scription of additional personnel required by World Trade Organization, Congressional Oversight Group described in paragraph (2)(B) and (3)(B) shall be accred- Federal agencies responsible for monitoring (2) is entered into with Chile, ited by the United States Trade Representa- and implementing the trade agreement, in- (3) is entered into with Singapore, or tive on behalf of the President as official ad- cluding personnel required by the Office of (4) establishes a Free Trade Area for the visers to the United States delegation in the the United States Trade Representative, the Americas, negotiations by reason of which the member Department of Commerce, the Department and results from negotiations that were com- is in the Congressional Oversight Group. The of Agriculture (including additional per- menced before the date of the enactment of Congressional Oversight Group shall consult sonnel required to implement sanitary and this Act, subsection (b) shall apply. with and provide advice to the Trade Rep- phytosanitary measures in order to obtain (b) TREATMENT OF AGREEMENTS.—In the resentative regarding the formulation of spe- market access for United States exports), case of any agreement to which subsection cific objectives, negotiating strategies and the Department of the Treasury, and such (a) applies— positions, the development of the applicable other agencies as may be necessary. (1) the applicability of the trade authori- trade agreement, and compliance and en- (3) CUSTOMS INFRASTRUCTURE REQUIRE- ties procedures to implementing bills shall forcement of the negotiated commitments MENTS.—A description of the additional be determined without regard to the require- under the trade agreement. equipment and facilities needed by the ments of section 1104(a) (relating only to 90 (5) CHAIR.—The Congressional Oversight United States Customs Service. days notice prior to initiating negotiations), Group shall be chaired by the Chairman of (4) IMPACT ON STATE AND LOCAL GOVERN- and any procedural disapproval resolution the Committee on Ways and Means of the MENTS.—A description of the impact the under section 1105(b)(1)(B) shall not be in House of Representatives and the Chairman trade agreement will have on State and local order on the basis of a failure or refusal to of the Committee on Finance of the Senate. governments as a result of increases in comply with the provisions of section 1104(a); (b) GUIDELINES.— trade. and (1) PURPOSE AND REVISION.—The United (5) COST ANALYSIS.—An analysis of the (2) the President shall, as soon as feasible States Trade Representative, in consultation costs associated with each of the items listed after the date of enactment of this Act— with the chairmen and ranking minority in paragraphs (1) through (4). (A) notify the Congress of the negotiations members of the Committee on Ways and (b) BUDGET SUBMISSION.—The President described in subsection (a), the specific Means of the House of Representatives and shall include a request for the resources nec- United States objectives in the negotiations, the Committee on Finance of the Senate— essary to support the plan described in sub- and whether the President is seeking a new (A) shall, within 120 days after the date of section (a) in the first budget that the Presi- agreement or changes to an existing agree- the enactment of this Act, develop written dent submits to the Congress after the sub- ment; and guidelines to facilitate the useful and timely mission of the plan. (B) before and after submission of the no- exchange of information between the Trade SEC. 1109. COMMITTEE STAFF. tice, consult regarding the negotiations with Representative and the Congressional Over- The grant of trade promotion authority the committees referred to in section sight Group established under this section; under this division is likely to increase the 1104(a)(2) and the Congressional Oversight and activities of the primary committees of ju- Group. (B) may make such revisions to the guide- risdiction in the area of international trade. SEC. 1107. CONGRESSIONAL OVERSIGHT GROUP. lines as may be necessary from time to time. In addition, the creation of the Congres- (a) MEMBERS AND FUNCTIONS.— (2) CONTENT.—The guidelines developed sional Oversight Group under section 1107 (1) IN GENERAL.—By not later than 60 days under paragraph (1) shall provide for, among will increase the participation of a broader after the date of the enactment of this Act, other things— number of Members of Congress in the for- and not later than 30 days after the con- (A) regular, detailed briefings of the Con- mulation of United States trade policy and vening of each Congress, the chairman of the gressional Oversight Group regarding negoti- oversight of the international trade agenda Committee on Ways and Means of the House ating objectives, including the promotion of for the United States. The primary commit- of Representatives and the chairman of the certain priorities referred to in section tees of jurisdiction should have adequate Committee on Finance of the Senate shall 1102(c), and positions and the status of the staff to accommodate these increases in ac- convene the Congressional Oversight Group. applicable negotiations, beginning as soon as tivities. S4174 CONGRESSIONAL RECORD — SENATE May 9, 2002

SEC. 1110. CONFORMING AMENDMENTS. (6) TRANSMISSION OF AGREEMENTS TO CON- (A) the right of association; (a) IN GENERAL.—Title I of the Trade Act of GRESS.—Section 162(a) (19 U.S.C. 2212(a)) is (B) the right to organize and bargain col- 1974 (19 U.S.C. 2111 et seq.) is amended as fol- amended by striking ‘‘or under section 1102 lectively; lows: of the Omnibus Trade and Competitiveness (C) a prohibition on the use of any form of (1) IMPLEMENTING BILL.— Act of 1988’’ and inserting ‘‘or under section forced or compulsory labor; (A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is 1103 of the Bipartisan Trade Promotion Au- (D) a minimum age for the employment of amended by striking ‘‘section 1103(a)(1) of thority Act of 2002’’. children; and the Omnibus Trade and Competitiveness Act (b) APPLICATION OF CERTAIN PROVISIONS.— (E) acceptable conditions of work with re- of 1988, or section 282 of the Uruguay Round For purposes of applying sections 125, 126, spect to minimum wages, hours of work, and Agreements Act’’ and inserting ‘‘section 282 and 127 of the Trade Act of 1974 (19 U.S.C. occupational safety and health. of the Uruguay Round Agreements Act, or 2135, 2136(a), and 2137)— (3) GATT 1994.—The term ‘‘GATT 1994’’ has section 1105(a)(1) of the Bipartisan Trade (1) any trade agreement entered into under the meaning given that term in section 2 of Promotion Authority Act of 2002’’. section 1103 shall be treated as an agreement the Uruguay Round Agreements Act (19 (B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is entered into under section 101 or 102, as ap- U.S.C. 3501). amended by striking ‘‘or section 282 of the propriate, of the Trade Act of 1974 (19 U.S.C. (4) ILO.—The term ‘‘ILO’’ means the Inter- Uruguay Round Agreements Act’’ and insert- 2111 or 2112); and national Labor Organization. ing ‘‘, section 282 of the Uruguay Round (2) any proclamation or Executive order (5) UNITED STATES PERSON.—The term Agreements Act, or section 1105(a)(1) of the issued pursuant to a trade agreement en- ‘‘United States person’’ means— Bipartisan Trade Promotion Authority Act tered into under section 1103 shall be treated (A) a United States citizen; of 2002’’. as a proclamation or Executive order issued (B) a partnership, corporation, or other (2) ADVICE FROM INTERNATIONAL TRADE COM- pursuant to a trade agreement entered into legal entity organized under the laws of the MISSION.—Section 131 (19 U.S.C. 2151) is under section 102 of the Trade Act of 1974. United States; and amended— SEC. 1111. REPORT ON IMPACT OF TRADE PRO- (C) a partnership, corporation, or other (A) in subsection (a)— MOTION AUTHORITY. legal entity that is organized under the laws (i) in paragraph (1), by striking ‘‘section (a) IN GENERAL.—Not later than 1 year of a foreign country and is controlled by en- 123 of this Act or section 1102 (a) or (c) of the after the date of enactment of this Act, the tities described in subparagraph (B) or Omnibus Trade and Competitiveness Act of International Trade Commission shall report United States citizens, or both. 1988,’’ and inserting ‘‘section 123 of this Act to the Committee on Finance of the Senate (6) URUGUAY ROUND AGREEMENTS.—The or section 1103 (a) or (b) of the Bipartisan and the Committee on Ways and Means of term ‘‘Uruguay Round Agreements’’ has the Trade Promotion Authority Act of 2002,’’; the House of Representatives regarding the meaning given that term in section 2(7) of and economic impact on the United States of the the Uruguay Round Agreements Act (19 (ii) in paragraph (2), by striking ‘‘section trade agreements described in subsection (b). U.S.C. 3501(7)). 1102 (b) or (c) of the Omnibus Trade and Com- (b) AGREEMENTS.—The trade agreements (7) WORLD TRADE ORGANIZATION; WTO.—The petitiveness Act of 1988’’ and inserting ‘‘sec- described in this subsection are: terms ‘‘World Trade Organization’’ and tion 1103(b) of the Bipartisan Trade Pro- (1) The United States-Israel Free Trade ‘‘WTO’’ mean the organization established motion Authority Act of 2002’’; Agreement. pursuant to the WTO Agreement. (B) in subsection (b), by striking ‘‘section (2) The United States-Canada Free Trade (8) WTO AGREEMENT.—The term ‘‘WTO 1102(a)(3)(A)’’ and inserting ‘‘section Agreement. Agreement’’ means the Agreement Estab- 1103(a)(3)(A) of the Bipartisan Trade Pro- (3) The North American Free Trade Agree- lishing the World Trade Organization en- motion Authority Act of 2002’’; and ment. tered into on April 15, 1994. (C) in subsection (c), by striking ‘‘section (4) The Uruguay Round Agreements. 1102 of the Omnibus Trade and Competitive- DIVISION B—ANDEAN TRADE (5) The Tokyo Round of Multilateral Trade PREFERENCE ness Act of 1988,’’ and inserting ‘‘section 1103 Negotiations. TITLE XXI—ANDEAN TRADE PREFERENCE of the Bipartisan Trade Promotion Author- SEC. 1112. IDENTIFICATION OF SMALL BUSINESS ity Act of 2002,’’. ADVOCATE AT WTO. SEC. 2101. SHORT TITLE. (3) HEARINGS AND ADVICE.—Sections 132, (a) IN GENERAL.—The United States Trade This division may be cited as the ‘‘Andean 133(a), and 134(a) (19 U.S.C. 2152, 2153(a), and Representative shall pursue the identifica- Trade Preference Expansion Act’’. 2154(a)) are each amended by striking ‘‘sec- tion of a small business advocate at the SEC. 2102. FINDINGS. tion 1102 of the Omnibus Trade and Competi- World Trade Organization Secretariat to ex- Congress makes the following findings: tiveness Act of 1988,’’ each place it appears amine the impact of WTO agreements on the (1) Since the Andean Trade Preference Act and inserting ‘‘section 1103 of the Bipartisan interests of small- and medium-sized enter- was enacted in 1991, it has had a positive im- Trade Promotion Authority Act of 2002,’’. prises, address the concerns of small- and pact on United States trade with Bolivia, Co- (4) PREREQUISITES FOR OFFERS.—Section medium-sized enterprises, and recommend lombia, Ecuador, and Peru. Two-way trade 134(b) (19 U.S.C. 2154(b)) is amended by strik- ways to address those interests in trade ne- has doubled, with the United States serving ing ‘‘section 1102 of the Omnibus Trade and gotiations involving the World Trade Organi- as the leading source of imports and leading Competitiveness Act of 1988’’ and inserting zation. export market for each of the Andean bene- ‘‘section 1103 of the Bipartisan Trade Pro- (b) ASSISTANT TRADE REPRESENTATIVE.— ficiary countries. This has resulted in in- motion Authority Act of 2002’’. The Assistant United States Trade Rep- creased jobs and expanded export opportuni- (5) ADVICE FROM PRIVATE AND PUBLIC SEC- resentative for Industry and Telecommuni- ties in both the United States and the Ande- TORS.—Section 135 (19 U.S.C. 2155) is cations shall be responsible for ensuring that an region. amended— the interests of small business are considered (2) The Andean Trade Preference Act has (A) in subsection (a)(1)(A), by striking in all trade negotiations in accordance with been a key element in the United States ‘‘section 1102 of the Omnibus Trade and Com- the objective described in section 1102(a)(8). counternarcotics strategy in the Andean re- petitiveness Act of 1988’’ and inserting ‘‘sec- It is the sense of Congress that the small gion, promoting export diversification and tion 1103 of the Bipartisan Trade Promotion business functions should be reflected in the broad-based economic development that pro- Authority Act of 2002’’; title of the Assistant United States Trade vides sustainable economic alternatives to (B) in subsection (e)(1)— Representative assigned the responsibility drug-crop production, strengthening the le- (i) by striking ‘‘section 1102 of the Omnibus for small business. gitimate economies of Andean countries and Trade and Competitiveness Act of 1988’’ each (c) REPORT.—Not later than 1 year after creating viable alternatives to illicit trade place it appears and inserting ‘‘section 1103 the date of enactment of this Act, and annu- in coca. of the Bipartisan Trade Promotion Author- ally thereafter, the United States Trade Rep- (3) Notwithstanding the success of the An- ity Act of 2002’’; and resentative shall prepare and submit a report dean Trade Preference Act, the Andean re- (ii) by striking ‘‘not later than the date on to the Committee on Finance of the Senate gion remains threatened by political and which the President notifies the Congress and the Committee on Ways and Means of economic instability and fragility, vulner- under section 1103(a)(1)(A) of such Act of 1988 the House of Representatives on the steps able to the consequences of the drug war and of his intention to enter into that agree- taken by the United States Trade Represent- fierce global competition for its legitimate ment’’ and inserting ‘‘not later than the date ative to pursue the identification of a small trade. that is 30 days after the date on which the business advocate at the World Trade Orga- (4) The continuing instability in the Ande- President notifies the Congress under section nization. an region poses a threat to the security in- 1105(a)(1)(A) of the Bipartisan Trade Pro- SEC. 1113. DEFINITIONS. terests of the United States and the world. motion Authority Act of 2002 of the Presi- In this division: This problem has been partially addressed dent’s intention to enter into that agree- (1) AGREEMENT ON AGRICULTURE.—The term through foreign aid, such as Plan Colombia, ment’’; and ‘‘Agreement on Agriculture’’ means the enacted by Congress in 2000. However, for- (C) in subsection (e)(2), by striking ‘‘sec- agreement referred to in section 101(d)(2) of eign aid alone is not sufficient. Enhance- tion 1101 of the Omnibus Trade and Competi- the Uruguay Round Agreements Act (19 ment of legitimate trade with the United tiveness Act of 1988’’ and inserting ‘‘section U.S.C. 3511(d)(2)). States provides an alternative means for re- 1102 of the Bipartisan Trade Promotion Au- (2) CORE LABOR STANDARDS.—The term viving and stabilizing the economies in the thority Act of 2002’’. ‘‘core labor standards’’ means— Andean region. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4175 (5) The Andean Trade Preference Act con- in the United States and fabric components are entered during the preceding 1-year pe- stitutes a tangible commitment by the knit-to-shape in 1 or more ATPEA bene- riod. United States to the promotion of pros- ficiary countries from yarns wholly formed ‘‘(v) APPAREL ARTICLES ASSEMBLED FROM perity, stability, and democracy in the bene- in the United States. FABRICS OR YARN NOT WIDELY AVAILABLE IN ficiary countries. ‘‘(III) Fabrics or fabric components formed COMMERCIAL QUANTITIES.—At the request of (6) Renewal and enhancement of the Ande- or components knit-to-shape, in 1 or more any interested party, the President is au- an Trade Preference Act will bolster the con- ATPEA beneficiary countries, from yarns thorized to proclaim additional fabrics and fidence of domestic private enterprise and wholly formed in 1 or more ATPEA bene- yarn as eligible for preferential treatment foreign investors in the economic prospects ficiary countries, if such fabrics (including under clause (i)(IV) if— of the region, ensuring that legitimate pri- fabrics not formed from yarns, if such fabrics ‘‘(I) the President determines that such vate enterprise can be the engine of eco- are classifiable under heading 5602 or 5603 of fabrics or yarn cannot be supplied by the do- nomic development and political stability in the HTS and are formed in 1 or more ATPEA mestic industry in commercial quantities in the region. beneficiary countries) or components are in a timely manner; (7) Each of the Andean beneficiary coun- chief weight of llama, alpaca, or vicuna. ‘‘(II) the President has obtained advice re- tries is committed to conclude negotiation ‘‘(IV) Fabrics or yarns that are not formed garding the proposed action from the appro- of a Free Trade Area of the Americas by the in the United States or in 1 or more ATPEA priate advisory committee established under year 2005, as a means of enhancing the eco- beneficiary countries, to the extent that ap- section 135 of the Trade Act of 1974 (19 U.S.C. nomic security of the region. parel articles of such fabrics or yarns would 2155) and the United States International Trade Commission; (8) Temporarily enhancing trade benefits be eligible for preferential treatment, with- ‘‘(III) within 60 days after the request, the for Andean beneficiaries countries will pro- out regard to the source of the fabrics or President has submitted a report to the mote the growth of free enterprise and eco- yarns, under Annex 401 of the NAFTA. Committee on Ways and Means of the House nomic opportunity in these countries and ‘‘(ii) KNIT-TO-SHAPE APPAREL ARTICLES.— of Representatives and the Committee on Fi- serve the security interests of the United Apparel articles knit-to-shape (other than nance of the Senate that sets forth the ac- States, the region, and the world. socks provided for in heading 6115 of the tion proposed to be proclaimed and the rea- SEC. 2103. TEMPORARY PROVISIONS. HTS) in 1 or more ATPEA beneficiary coun- sons for such actions, and the advice ob- (a) IN GENERAL.—Section 204(b) of the An- tries from yarns wholly formed in the United tained under subclause (II); dean Trade Preference Act (19 U.S.C. 3203(b)) States. ‘‘(IV) a period of 60 calendar days, begin- is amended to read as follows: ‘‘(iii) REGIONAL FABRIC.— ning with the first day on which the Presi- ‘‘(b) IMPORT-SENSITIVE ARTICLES.— ‘‘(I) GENERAL RULE.—Knit apparel articles dent has met the requirements of subclause ‘‘(1) IN GENERAL.—Subject to paragraphs (2) wholly assembled in 1 or more ATPEA bene- (III), has expired; and through (5), the duty-free treatment pro- ficiary countries exclusively from fabric ‘‘(V) the President has consulted with such vided under this title does not apply to— formed, or fabric components formed, or committees regarding the proposed action ‘‘(A) textile and apparel articles which components knit-to-shape, or any combina- during the period referred to in subclause were not eligible articles for purposes of this tion thereof, in 1 or more ATPEA beneficiary (III). title on January 1, 1994, as this title was in countries from yarns wholly formed in the ‘‘(vi) HANDLOOMED, HANDMADE, AND FOLK- effect on that date; United States, in an amount not exceeding LORE ARTICLES.—A handloomed, handmade, ‘‘(B) footwear not designated at the time of the amount set forth in subclause (II). or folklore article of an ATPEA beneficiary the effective date of this title as eligible ar- ‘‘(II) LIMITATION.—The amount referred to country identified under subparagraph (C) ticles for the purpose of the generalized sys- in subclause (I) is 70,000,000 square meter that is certified as such by the competent tem of preferences under title V of the Trade equivalents during the 1-year period begin- authority of such beneficiary country. Act of 1974; ning on March 1, 2002, increased by 16 per- ‘‘(vii) SPECIAL RULES.— ‘‘(C) tuna, prepared or preserved in any cent, compounded annually, in each suc- ‘‘(I) EXCEPTION FOR FINDINGS AND TRIM- manner, in airtight containers; ceeding 1-year period through February 28, MINGS.—(aa) An article otherwise eligible for ‘‘(D) petroleum, or any product derived 2006. preferential treatment under this paragraph from petroleum, provided for in headings 2709 ‘‘(iv) CERTAIN OTHER APPAREL ARTICLES.— shall not be ineligible for such treatment be- and 2710 of the HTS; ‘‘(I) GENERAL RULE.—Subject to subclause cause the article contains findings or trim- ‘‘(E) watches and watch parts (including (II), any apparel article classifiable under mings of foreign origin, if such findings and cases, bracelets, and straps), of whatever subheading 6212.10 of the HTS, if the article trimmings do not exceed 25 percent of the type including, but not limited to, mechan- is both cut and sewn or otherwise assembled cost of the components of the assembled ical, quartz digital, or quartz analog, if such in the United States, or one or more of the product. Examples of findings and trimmings watches or watch parts contain any material ATPEA beneficiary countries, or both. are sewing thread, hooks and eyes, snaps, which is the product of any country with re- ‘‘(II) LIMITATION.—During the 1-year period buttons, ‘bow buds’, decorative lace, trim, spect to which HTS column 2 rates of duty beginning on March 1, 2003, and during each elastic strips, zippers, including zipper tapes apply; of the 2 succeeding 1-year periods, apparel and labels, and other similar products. Elas- ‘‘(F) articles to which reduced rates of articles described in subclause (I) of a pro- tic strips are considered findings or trim- duty apply under subsection (c); ducer or an entity controlling production mings only if they are each less than 1 inch ‘‘(G) sugars, syrups, and sugar containing shall be eligible for preferential treatment in width and are used in the production of products subject to tariff-rate quotas; or under subparagraph (B) only if the aggregate brassieres. ‘‘(H) rum and tafia classified in subheading cost of fabric components formed in the ‘‘(bb) In the case of an article described in 2208.40 of the HTS. United States that are used in the produc- clause (i)(I) of this subparagraph, sewing ‘‘(2) TRANSITION PERIOD TREATMENT OF CER- tion of all such articles of that producer or thread shall not be treated as findings or TAIN TEXTILE AND APPAREL ARTICLES.— entity that are entered during the preceding trimmings under this subclause. ‘‘(A) ARTICLES COVERED.—During the tran- 1-year period is at least 75 percent of the ag- ‘‘(II) CERTAIN INTERLININGS.—(aa) An arti- sition period, the preferential treatment de- gregate declared customs value of the fabric cle otherwise eligible for preferential treat- scribed in subparagraph (B) shall apply to contained in all such articles of that pro- ment under this paragraph shall not be ineli- the following articles: ducer or entity that are entered during the gible for such treatment because the article ‘‘(i) APPAREL ARTICLES ASSEMBLED FROM preceding 1-year period. contains certain interlinings of foreign ori- PRODUCTS OF THE UNITED STATES AND ATPEA ‘‘(III) DEVELOPMENT OF PROCEDURE TO EN- gin, if the value of such interlinings (and any BENEFICIARY COUNTRIES OR PRODUCTS NOT SURE COMPLIANCE.—The United States Cus- findings and trimmings) does not exceed 25 AVAILABLE IN COMMERCIAL QUANTITIES.—Ap- toms Service shall develop and implement percent of the cost of the components of the parel articles sewn or otherwise assembled in methods and procedures to ensure ongoing assembled article. 1 or more ATPEA beneficiary countries, or compliance with the requirement set forth in ‘‘(bb) Interlinings eligible for the treat- the United States, or both, exclusively from subclause (II). If the Customs Service finds ment described in division (aa) include only any one or any combination of the following: that a producer or an entity controlling pro- a chest type plate, ‘hymo’ piece, or ‘sleeve ‘‘(I) Fabrics or fabric components formed, duction has not satisfied such requirement header’, of woven or weft-inserted warp knit or components knit-to-shape, in the United in a 1-year period, then apparel articles de- construction and of coarse animal hair or States, from yarns wholly formed in the scribed in subclause (I) of that producer or man-made filaments. United States (including fabrics not formed entity shall be ineligible for preferential ‘‘(cc) The treatment described in this sub- from yarns, if such fabrics are classifiable treatment under subparagraph (B) during clause shall terminate if the President under heading 5602 or 5603 of the HTS and are any succeeding 1-year period until the aggre- makes a determination that United States formed in the United States), provided that gate cost of fabric components formed in the manufacturers are producing such inter- apparel articles sewn or otherwise assembled United States used in the production of such linings in the United States in commercial from materials described in this subclause articles of that producer or entity that are quantities. are assembled with thread formed in the entered during the preceding 1-year period is ‘‘(III) DE MINIMIS RULE.—An article that United States. at least 85 percent of the aggregate declared would otherwise be ineligible for preferential ‘‘(II) Fabric components knit-to-shape in customs value of the fabric contained in all treatment under this paragraph because the the United States from yarns wholly formed such articles of that producer or entity that article contains yarns not wholly formed in S4176 CONGRESSIONAL RECORD — SENATE May 9, 2002

the United States or in 1 or more ATPEA ‘‘(iii) TRANSSHIPMENT DESCRIBED.—Trans- treatment under this Act shall not be ex- beneficiary countries shall not be ineligible shipment within the meaning of this sub- tended to sugars, syrups, and sugar-con- for such treatment if the total weight of all paragraph has occurred when preferential taining products subject to over-quota duty such yarns is not more than 7 percent of the treatment under subparagraph (B) has been rates under applicable tariff-rate quotas. total weight of the good. Notwithstanding claimed for a textile or apparel article on ‘‘(D) SPECIAL RULE FOR CERTAIN TUNA PROD- the preceding sentence, an apparel article the basis of material false information con- UCTS.— containing elastomeric yarns shall be eligi- cerning the country of origin, manufacture, ‘‘(i) IN GENERAL.—The President may pro- ble for preferential treatment under this processing, or assembly of the article or any claim duty-free treatment under this Act for paragraph only if such yarns are wholly of its components. For purposes of this tuna that is harvested by United States ves- formed in the United States. clause, false information is material if dis- sels or ATPEA beneficiary country vessels, ‘‘(IV) SPECIAL ORIGIN RULE.—An article closure of the true information would mean and is prepared or preserved in any manner, otherwise eligible for preferential treatment or would have meant that the article is or in airtight containers in an ATPEA bene- under clause (i) of this subparagraph shall was ineligible for preferential treatment ficiary country. Such duty-free treatment not be ineligible for such treatment because under subparagraph (B). may be proclaimed in any calendar year for the article contains nylon filament yarn ‘‘(E) BILATERAL EMERGENCY ACTIONS.— a quantity of such tuna that does not exceed (other than elastomeric yarn) that is classi- ‘‘(i) IN GENERAL.—The President may take 20 percent of the domestic United States fiable under subheading 5402.10.30, 5402.10.60, bilateral emergency tariff actions of a kind tuna pack in the preceding calendar year. As 5402.31.30, 5402.31.60, 5402.32.30, 5402.32.60, described in section 4 of the Annex with re- used in the preceding sentence, the term spect to any apparel article imported from ‘tuna pack’ means tuna pack as defined by 5402.41.10, 5402.41.90, 5402.51.00, or 5402.61.00 of an ATPEA beneficiary country if the appli- the National Marine Fisheries Service of the the HTS duty-free from a country that is a cation of tariff treatment under subpara- United States Department of Commerce for party to an agreement with the United graph (B) to such article results in condi- purposes of subheading 1604.14.20 of the HTS States establishing a free trade area, which tions that would be cause for the taking of as in effect on the date of enactment of the entered into force before January 1, 1995. such actions under such section 4 with re- Andean Trade Preference Expansion Act. ‘‘(V) CLARIFICATION OF CERTAIN KNIT AP- spect to a like article described in the same ‘‘(ii) UNITED STATES VESSEL.—For purposes PAREL ARTICLES.—Notwithstanding any other 8-digit subheading of the HTS that is im- of this subparagraph, a ‘United States vessel’ provision of law, an article otherwise eligible ported from Mexico. is a vessel having a certificate of documenta- for preferential treatment under clause ‘‘(ii) RULES RELATING TO BILATERAL EMER- tion with a fishery endorsement under chap- (iii)(I) of this subparagraph, shall not be in- GENCY ACTION.—For purposes of applying bi- ter 121 of title 46, United States Code. eligible for such treatment because the arti- lateral emergency action under this ‘‘(iii) ATPEA VESSEL.—For purposes of this cle, or a component thereof, contains fabric subparagraph— subparagraph, an ‘ATPEA vessel’ is a formed in the United States from yarns ‘‘(I) the requirements of paragraph (5) of vessel— wholly formed in the United States. section 4 of the Annex (relating to providing ‘‘(I) which is registered or recorded in an ‘‘(viii) TEXTILE LUGGAGE.—Textile compensation) shall not apply; ATPEA beneficiary country; luggage— ‘‘(II) the term ‘transition period’ in section ‘‘(II) which sails under the flag of an ‘‘(I) assembled in an ATPEA beneficiary 4 of the Annex shall have the meaning given ATPEA beneficiary country; country from fabric wholly formed and cut that term in paragraph (5)(D) of this sub- ‘‘(III) which is at least 75 percent owned by in the United States, from yarns wholly section; and nationals of an ATPEA beneficiary country formed in the United States, that is entered ‘‘(III) the requirements to consult specified or by a company having its principal place of under subheading 9802.00.80 of the HTS; or in section 4 of the Annex shall be treated as business in an ATPEA beneficiary country, ‘‘(II) assembled from fabric cut in an satisfied if the President requests consulta- of which the manager or managers, chairman ATPEA beneficiary country from fabric tions with the ATPEA beneficiary country in of the board of directors or of the super- wholly formed in the United States from question and the country does not agree to visory board, and the majority of the mem- yarns wholly formed in the United States. consult within the time period specified bers of such boards are nationals of an ‘‘(B) PREFERENTIAL TREATMENT.—Except as under section 4. ATPEA beneficiary country and of which, in provided in subparagraph (E), during the ‘‘(3) TRANSITION PERIOD TREATMENT OF CER- the case of a company, at least 50 percent of transition period, the articles to which sub- TAIN OTHER ARTICLES ORIGINATING IN BENE- the capital is owned by an ATPEA bene- paragraph (A) applies shall enter the United FICIARY COUNTRIES.— ficiary country or by public bodies or nation- States free of duty and free of any quan- ‘‘(A) EQUIVALENT TARIFF TREATMENT.— als of an ATPEA beneficiary country; titative restrictions, limitations, or con- ‘‘(i) IN GENERAL.—Subject to clause (ii), the ‘‘(IV) of which the master and officers are sultation levels. tariff treatment accorded at any time during nationals of an ATPEA beneficiary country; ‘‘(C) HANDLOOMED, HANDMADE, AND FOLK- the transition period to any article referred and LORE ARTICLES.—For purposes of subpara- to in any of subparagraphs (B), (D) through ‘‘(V) of which at least 75 percent of the graph (A)(vi), the President shall consult (F), or (H) of paragraph (1) that is an ATPEA crew are nationals of an ATPEA beneficiary with representatives of the ATPEA bene- originating good, imported directly into the country. ficiary countries concerned for the purpose customs territory of the United States from ‘‘(4) CUSTOMS PROCEDURES.— of identifying particular textile and apparel an ATPEA beneficiary country, shall be ‘‘(A) IN GENERAL.— goods that are mutually agreed upon as identical to the tariff treatment that is ac- ‘‘(i) REGULATIONS.—Any importer that being handloomed, handmade, or folklore corded at such time under Annex 302.2 of the claims preferential treatment under para- goods of a kind described in section 2.3(a), NAFTA to an article described in the same 8- graph (2) or (3) shall comply with customs (b), or (c) of the Annex or Appendix 3.1.B.11 digit subheading of the HTS that is a good of procedures similar in all material respects to of the Annex. Mexico and is imported into the United the requirements of Article 502(1) of the ‘‘(D) PENALTIES FOR TRANSSHIPMENTS.— States. NAFTA as implemented pursuant to United ‘‘(i) PENALTIES FOR EXPORTERS.—If the ‘‘(ii) EXCEPTION.—Clause (i) does not apply States law, in accordance with regulations President determines, based on sufficient to— promulgated by the Secretary of the Treas- evidence, that an exporter has engaged in ‘‘(I) any article accorded duty-free treat- ury. transshipment with respect to textile or ap- ment under U.S. Note 2(b) to subchapter II of ‘‘(ii) DETERMINATION.— parel articles from an ATPEA beneficiary chapter 98 of the HTS; or ‘‘(I) IN GENERAL.—In order to qualify for country, then the President shall deny all ‘‘(II) any article described in subheading the preferential treatment under paragraph benefits under this title to such exporter, 6401.10.00, 6401.91.00, 6401.92.90, 6401.99.30, (2) or (3) and for a Certificate of Origin to be and any successor of such exporter, for a pe- 6401.99.60, 6401.99.90, 6402.30.50, 6402.30.70, valid with respect to any article for which riod of 2 years. 6402.30.80, 6402.91.50, 6402.91.80, 6402.91.90, such treatment is claimed, there shall be in ‘‘(ii) PENALTIES FOR COUNTRIES.—Whenever 6402.99.20, 6402.99.30, 6402.99.80, 6402.99.90, effect a determination by the President that the President finds, based on sufficient evi- 6403.91.60, 6404.11.50, 6404.11.60, 6404.11.70, each country described in subclause (II)— dence, that transshipment has occurred, the 6404.11.80, 6404.11.90, 6404.19.20, 6404.19.35, ‘‘(aa) has implemented and follows; or President shall request that the ATPEA ben- 6404.19.50, or 6404.19.70 of the HTS. ‘‘(bb) is making substantial progress to- eficiary country or countries through whose ‘‘(B) RELATIONSHIP TO SUBSECTION (C) DUTY ward implementing and following, proce- territory the transshipment has occurred REDUCTIONS.—If at any time during the tran- dures and requirements similar in all mate- take all necessary and appropriate actions to sition period the rate of duty that would (but rial respects to the relevant procedures and prevent such transshipment. If the President for action taken under subparagraph (A)(i) in requirements under chapter 5 of the NAFTA. determines that a country is not taking such regard to such period) apply with respect to ‘‘(II) COUNTRY DESCRIBED.—A country is de- actions, the President shall reduce the quan- any article under subsection (c) is a rate of scribed in this subclause if it is an ATPEA tities of textile and apparel articles that duty that is lower than the rate of duty re- beneficiary country— may be imported into the United States from sulting from such action, then such lower ‘‘(aa) from which the article is exported; or such country by the quantity of the trans- rate of duty shall be applied for the purposes ‘‘(bb) in which materials used in the pro- shipped articles multiplied by 3, to the ex- of implementing such action. duction of the article originate or in which tent consistent with the obligations of the ‘‘(C) SPECIAL RULE FOR SUGARS, SYRUPS, the article or such materials undergo pro- United States under the WTO. AND SUGAR CONTAINING PRODUCTS.—Duty-free duction that contributes to a claim that the May 9, 2002 CONGRESSIONAL RECORD — SENATE S4177 article is eligible for preferential treatment ‘‘(V) acceptable conditions of work with re- tion 204(b) (2) and (3) to any article of any under paragraph (2) or (3). spect to minimum wages, hours of work, and country, ‘‘(B) CERTIFICATE OF ORIGIN.—The Certifi- occupational safety and health; if, after such designation, the President de- cate of Origin that otherwise would be re- ‘‘(iv) Whether the country has imple- termines that, as a result of changed cir- quired pursuant to the provisions of subpara- mented its commitments to eliminate the cumstances, the performance of such coun- graph (A) shall not be required in the case of worst forms of child labor, as defined in sec- try is not satisfactory under the criteria set an article imported under paragraph (2) or (3) tion 507(6) of the Trade Act of 1974. forth in section 204(b)(5)(B).’’; and if such Certificate of Origin would not be re- ‘‘(v) The extent to which the country has (2) by adding after paragraph (2) the fol- quired under Article 503 of the NAFTA (as met the counter-narcotics certification cri- lowing new paragraph: implemented pursuant to United States law), teria set forth in section 490 of the Foreign ‘‘(3) If preferential treatment under section if the article were imported from Mexico. Assistance Act of 1961 (22 U.S.C. 2291j) for eli- 204(b) (2) and (3) is withdrawn, suspended, or ‘‘(C) REPORT BY USTR ON COOPERATION OF gibility for United States assistance. limited with respect to an ATPEA bene- OTHER COUNTRIES CONCERNING CIRCUMVEN- ‘‘(vi) The extent to which the country has ficiary country, such country shall not be TION.—The United States Commissioner of taken steps to become a party to and imple- deemed to be a ‘party’ for the purposes of ap- Customs shall conduct a study analyzing the ments the Inter-American Convention plying section 204(b)(5)(C) to imports of arti- extent to which each ATPEA beneficiary Against Corruption. cles for which preferential treatment has country— ‘‘(vii) The extent to which the country— been withdrawn, suspended, or limited with ‘‘(i) has cooperated fully with the United ‘‘(I) applies transparent, nondiscrim- respect to such country.’’. States, consistent with its domestic laws and inatory, and competitive procedures in gov- (c) REPORTING REQUIREMENTS.—Section procedures, in instances of circumvention or ernment procurement equivalent to those 203(f ) of the Andean Trade Preference Act (19 alleged circumvention of existing quotas on contained in the Agreement on Government U.S.C. 3202(f )) is amended to read as follows: imports of textile and apparel goods, to es- Procurement described in section 101(d)(17) ‘‘(f ) REPORTING REQUIREMENTS.— tablish necessary relevant facts in the places of the Uruguay Round Agreements Act; and ‘‘(1) IN GENERAL.—Not later than December of import, export, and, where applicable, ‘‘(II) contributes to efforts in international 31, 2002, and every 2 years thereafter during transshipment, including investigation of fora to develop and implement international the period this title is in effect, the United circumvention practices, exchanges of docu- rules in transparency in government pro- States Trade Representative shall submit to ments, correspondence, reports, and other curement. Congress a report regarding the operation of relevant information, to the extent such in- ‘‘(C) ATPEA ORIGINATING GOOD.— this title, including— formation is available; ‘‘(i) IN GENERAL.—The term ‘ATPEA origi- ‘‘(A) with respect to subsections (c) and (d), ‘‘(ii) has taken appropriate measures, con- nating good’ means a good that meets the the results of a general review of beneficiary sistent with its domestic laws and proce- rules of origin for a good set forth in chapter countries based on the considerations de- dures, against exporters and importers in- 4 of the NAFTA as implemented pursuant to scribed in such subsections; and volved in instances of false declaration con- United States law. ‘‘(B) the performance of each beneficiary cerning fiber content, quantities, descrip- ‘‘(ii) APPLICATION OF CHAPTER 4.—In apply- country or ATPEA beneficiary country, as tion, classification, or origin of textile and ing chapter 4 of the NAFTA with respect to the case may be, under the criteria set forth apparel goods; and an ATPEA beneficiary country for purposes in section 204(b)(5)(B). of this subsection— ‘‘(iii) has penalized the individuals and en- ‘‘(2) PUBLIC COMMENT.—Before submitting ‘‘(I) no country other than the United tities involved in any such circumvention, the report described in paragraph (1), the States and an ATPEA beneficiary country consistent with its domestic laws and proce- United States Trade Representative shall may be treated as being a party to the dures, and has worked closely to seek the co- publish a notice in the Federal Register re- NAFTA; operation of any third country to prevent questing public comments on whether bene- ‘‘(II) any reference to trade between the such circumvention from taking place in ficiary countries are meeting the criteria United States and Mexico shall be deemed to that third country. listed in section 204(b)(5)(B).’’. refer to trade between the United States and (d) CONFORMING AMENDMENTS.— The Trade Representative shall submit to an ATPEA beneficiary country; (1) IN GENERAL.— Congress, not later than October 1, 2002, a re- ‘‘(III) any reference to a party shall be (A) Section 202 of the Andean Trade Pref- port on the study conducted under this sub- deemed to refer to an ATPEA beneficiary erence Act (19 U.S.C. 3201) is amended by in- paragraph. country or the United States; and serting ‘‘(or other preferential treatment)’’ ‘‘(5) DEFINITIONS AND SPECIAL RULES.—For ‘‘(IV) any reference to parties shall be after ‘‘treatment’’. purposes of this subsection— deemed to refer to any combination of (B) Section 204(a)(1) of the Andean Trade ‘‘(A) ANNEX.—The term ‘the Annex’ means ATPEA beneficiary countries or to the Preference Act (19 U.S.C. 3203(a)(1)) is Annex 300–B of the NAFTA. United States and one or more ATPEA bene- amended by inserting ‘‘(or otherwise pro- ‘‘(B) ATPEA BENEFICIARY COUNTRY.—The ficiary countries (or any combination there- vided for)’’ after ‘‘eligibility’’. term ‘ATPEA beneficiary country’ means of ). (C) Section 204(a)(1) of the Andean Trade any ‘beneficiary country’, as defined in sec- ‘‘(D) TRANSITION PERIOD.—The term ‘transi- Preference Act (19 U.S.C. 3203(a)(1)) is tion 203(a)(1) of this title, which the Presi- tion period’ means, with respect to an amended by inserting ‘‘(or preferential treat- dent designates as an ATPEA beneficiary ATPEA beneficiary country, the period that ment)’’ after ‘‘duty-free treatment’’. country, taking into account the criteria begins on the date of enactment, and ends on (2) DEFINITIONS.—Section 203(a) of the An- contained in subsections (c) and (d) of sec- the earlier of— dean Trade Preference Act (19 U.S.C. 3202(a)) tion 203 and other appropriate criteria, in- ‘‘(i) February 28, 2006; or is amended by adding at the end the fol- cluding the following: ‘‘(ii) the date on which the FTAA or an- lowing new paragraphs: ‘‘(i) Whether the beneficiary country has other free trade agreement that makes sub- ‘‘(4) The term ‘‘NAFTA’’ means the North demonstrated a commitment to— stantial progress in achieving the negoti- American Free Trade Agreement entered ‘‘(I) undertake its obligations under the ating objectives set forth in section 108(b)(5) into between the United States, Mexico, and WTO, including those agreements listed in of Public Law 103–182 (19 U.S.C. 3317(b)(5)) en- Canada on December 17, 1992. section 101(d) of the Uruguay Round Agree- ters into force with respect to the United ‘‘(5) The terms ‘WTO’ and ‘WTO member’ ments Act, on or ahead of schedule; and States and the ATPEA beneficiary country. have the meanings given those terms in sec- ‘‘(II) participate in negotiations toward the ‘‘(E) ATPEA.—The term ‘ATPEA’ means tion 2 of the Uruguay Round Agreements Act completion of the FTAA or another free the Andean Trade Preference Expansion Act. (19 U.S.C. 3501).’’. trade agreement. ‘‘(F) FTAA.—The term ‘FTAA’ means the SEC. 2104. TERMINATION. ‘‘(ii) The extent to which the country pro- Free Trade Area of the Americas.’’. (a) IN GENERAL.—Section 208(b) of the An- vides protection of intellectual property (b) DETERMINATION REGARDING RETENTION dean Trade Preference Act (19 U.S.C. 3206(b)) rights consistent with or greater than the OF DESIGNATION.—Section 203(e) of the Ande- is amended to read as follows: protection afforded under the Agreement on an Trade Preference Act (19 U.S.C. 3202(e)) is ‘‘(b) TERMINATION OF PREFERENTIAL TREAT- Trade-Related Aspects of Intellectual Prop- amended— MENT.—No preferential duty treatment ex- erty Rights described in section 101(d)(15) of (1) in paragraph (1)— tended to beneficiary countries under this the Uruguay Round Agreements Act. (A) by redesignating subparagraphs (A) and Act shall remain in effect after February 28, ‘‘(iii) The extent to which the country pro- (B) as clauses (i) and (ii), respectively; 2006.’’. vides internationally recognized worker (B) by inserting ‘‘(A)’’ after ‘‘(1)’’; and (b) RETROACTIVE APPLICATION FOR CERTAIN rights, including— (C) by adding at the end the following: LIQUIDATIONS AND RELIQUIDATIONS.— ‘‘(I) the right of association; ‘‘(B) The President may, after the require- (1) IN GENERAL.—Notwithstanding section ‘‘(II) the right to organize and bargain col- ments of paragraph (2) have been met— 514 of the Tariff Act of 1930 or any other pro- lectively; ‘‘(i) withdraw or suspend the designation of vision of law, and subject to paragraph (3), ‘‘(III) a prohibition on the use of any form any country as an ATPEA beneficiary coun- the entry— of forced or compulsory labor; try; or (A) of any article to which duty-free treat- ‘‘(IV) a minimum age for the employment ‘‘(ii) withdraw, suspend, or limit the appli- ment (or preferential treatment) under the of children; and cation of preferential treatment under sec- Andean Trade Preference Act (19 U.S.C. 3201 S4178 CONGRESSIONAL RECORD — SENATE May 9, 2002

et seq.) would have applied if the entry had ‘‘(2) NONIMPORTING MANUFACTURERS.—For ‘‘(3) MANUFACTURERS OF WOOL YARN OR been made on December 4, 2001, each of the calendar years 2001 and 2002, any WOOL FABRIC OF IMPORTED WOOL FIBER OR (B) that was made after December 4, 2001, other manufacturer of wool yarn or wool fab- WOOL TOP.— and before the date of the enactment of this ric of imported wool fiber or wool top of the ‘‘(A) IMPORTING MANUFACTURERS.—Each an- Act, and kind described in heading 9902.51.14 of the nual payment to an importing manufacturer (C) to which duty-free treatment (or pref- Harmonized Tariff Schedule of the United described in subsection (c)(1) shall be in an erential treatment) under the Andean Trade States shall be eligible for a payment equal amount equal to one-third of the amount de- Preference Act did not apply, to an amount determined pursuant to sub- termined by multiplying $1,522,000 by a shall be liquidated or reliquidated as if such section (d)(3).’’. fraction— duty-free treatment (or preferential treat- (D) Section 505 is further amended by ‘‘(i) the numerator of which is the amount ment) applied, and the Secretary of the striking subsection (d) and inserting the fol- attributable to the duties paid on eligible Treasury shall refund any duty paid with re- lowing new subsections: wool products imported in calendar year 1999 ‘‘(d) AMOUNT OF ANNUAL PAYMENTS TO spect to such entry. by the importing manufacturer making the MANUFACTURERS.— claim, and (2) ENTRY.—As used in this subsection, the ‘‘(1) MANUFACTURERS OF MEN’S SUITS, ETC. term ‘‘entry’’ includes a withdrawal from ‘‘(ii) the denominator of which is the total OF IMPORTED WORSTED WOOL FABRICS.— warehouse for consumption. amount attributable to the duties paid on el- ‘‘(A) ELIGIBLE TO RECEIVE MORE THAN igible wool products imported in calendar (3) REQUESTS.—Liquidation or reliquida- $5,000.—Each annual payment to manufactur- year 1999 by all the importing manufacturers tion may be made under paragraph (1) with ers described in subsection (a) who, accord- described in subsection (c)(1). respect to an entry only if a request therefor ing to the records of the Customs Service as ‘‘(B) ELIGIBLE WOOL PRODUCTS.—For pur- is filed with the Customs Service, within 180 of September 11, 2001, are eligible to receive poses of subparagraph (A), the term ‘eligible days after the date of the enactment of this more than $5,000 for each of the calendar wool products’ refers to imported wool fiber Act, that contains sufficient information to years 2000, 2001, and 2002, shall be in an or wool top described in subsection (c)(1). enable the Customs Service— amount equal to one-third of the amount de- ‘‘(C) NONIMPORTING MANUFACTURERS.—Each (A) to locate the entry; or termined by multiplying $30,124,000 by a annual payment to a nonimporting manufac- (B) to reconstruct the entry if it cannot be fraction— turer described in subsection (c)(2) shall be located. ‘‘(i) the numerator of which is the amount in an amount equal to one-half of the (4) PAYMENT.—No more than 75 percent of attributable to the duties paid on eligible amount determined by multiplying $597,000 the amount due as a result of a liquidation wool products imported in calendar year 1999 by a fraction— or reliquidation filed under this subsection by the manufacturer making the claim, and ‘‘(i) the numerator of which is the amount shall be paid in fiscal year 2002. ‘‘(ii) the denominator of which is the total attributable to the purchases of imported el- TITLE XXII—MISCELLANEOUS TRADE amount attributable to the duties paid on el- igible wool products in calendar year 1999 by PROVISIONS igible wool products imported in calendar the nonimporting manufacturer making the SEC. 2201. WOOL PROVISIONS. year 1999 by all the manufacturers described claim, and (a) SHORT TITLE.—This section may be in subsection (a) who, according to the ‘‘(ii) the denominator of which is the cited as the ‘‘Wool Manufacturer Payment records of the Customs Service as of Sep- amount attributable to the purchases of im- Clarification and Technical Corrections tember 11, 2001, are eligible to receive more ported eligible wool products in calendar Act’’. than $5,000 for each such calendar year under year 1999 by all the nonimporting manufac- (b) CLARIFICATION OF TEMPORARY DUTY this section as it was in effect on that date. turers described in subsection (c)(2). SUSPENSION.—Heading 9902.51.13 of the Har- ‘‘(B) ELIGIBLE WOOL PRODUCTS.—For pur- ‘‘(4) LETTERS OF INTENT.—Except for the monized Tariff Schedule of the United States poses of subparagraph (A), the term ‘eligible nonimporting manufacturers described in is amended by inserting ‘‘average’’ before wool products’ refers to imported worsted subsections (b)(2) and (c)(2) who may make ‘‘diameters’’. wool fabrics described in subsection (a). claims under this section by virtue of the en- (c) PAYMENTS TO MANUFACTURERS OF CER- ‘‘(C) OTHERS.—All manufacturers described actment of the Wool Manufacturer Payment TAIN WOOL PRODUCTS.— in subsection (a), other than the manufactur- Clarification and Technical Corrections Act, (1) PAYMENTS.—Section 505 of the Trade er’s to which subparagraph (A) applies, shall only manufacturers who, according to the and Development Act of 2000 (Public Law each receive an annual payment in an records of the Customs Service, filed with 106–200; 114 Stat. 303) is amended as follows: amount equal to one-third of the amount de- the Customs Service before September 11, (A) Subsection (a) is amended— termined by dividing $1,665,000 by the num- 2001, letters of intent to establish eligibility (i) by striking ‘‘In each of the calendar ber of all such other manufacturers. to be claimants are eligible to make a claim years’’ and inserting ‘‘For each of the cal- ‘‘(2) MANUFACTURERS OF WORSTED WOOL for a payment under this section. endar years’’; and FABRICS OF IMPORTED WOOL YARN.— ‘‘(5) AMOUNT ATTRIBUTABLE TO PURCHASES (ii) by striking ‘‘for a refund of duties’’ and ‘‘(A) IMPORTING MANUFACTURERS.—Each an- BY NONIMPORTING MANUFACTURERS.— all that follows through the end of the sub- nual payment to an importing manufacturer ‘‘(A) AMOUNT ATTRIBUTABLE.—For purposes section and inserting ‘‘for a payment equal described in subsection (b)(1) shall be in an of paragraphs (2)(C) and (3)(C), the amount to an amount determined pursuant to sub- amount equal to one-third of the amount de- attributable to the purchases of imported el- section (d)(1).’’. termined by multiplying $2,202,000 by a igible wool products in calendar year 1999 by (B) Subsection (b) is amended to read as fraction— a nonimporting manufacturer shall be the follows: ‘‘(i) the numerator of which is the amount amount the nonimporting manufacturer paid ‘‘(b) WOOL YARN.— attributable to the duties paid on eligible for eligible wool products in calendar year ‘‘(1) IMPORTING MANUFACTURERS.—For each wool products imported in calendar year 1999 1999, as evidenced by invoices. The non- of the calendar years 2000, 2001, and 2002, a by the importing manufacturer making the importing manufacturer shall make such manufacturer of worsted wool fabrics who claim, and calculation and submit the resulting amount imports wool yarn of the kind described in ‘‘(ii) the denominator of which is the total to the Customs Service, within 45 days after heading 9902.51.13 of the Harmonized Tariff amount attributable to the duties paid on el- the date of enactment of the Wool Manufac- Schedule of the United States shall be eligi- igible wool products imported in calendar turer Payment Clarification and Technical ble for a payment equal to an amount deter- year 1999 by all the importing manufacturers Corrections Act, in a signed affidavit that mined pursuant to subsection (d)(2). described in subsection (b)(1). attests that the information contained ‘‘(2) NONIMPORTING MANUFACTURERS.—For ‘‘(B) ELIGIBLE WOOL PRODUCTS.—For pur- therein is true and accurate to the best of each of the calendar years 2001 and 2002, any poses of subparagraph (A), the term ‘eligible the affiant’s belief and knowledge. The non- other manufacturer of worsted wool fabrics wool products’ refers to imported wool yarn importing manufacturer shall retain the of imported wool yarn of the kind described described in subsection (b)(1). records upon which the calculation is based in heading 9902.51.13 of the Harmonized Tariff ‘‘(C) NONIMPORTING MANUFACTURERS.—Each for a period of five years beginning on the Schedule of the United States shall be eligi- annual payment to a nonimporting manufac- date the affidavit is submitted to the Cus- ble for a payment equal to an amount deter- turer described in subsection (b)(2) shall be toms Service. mined pursuant to subsection (d)(2).’’. in an amount equal to one-half of the ‘‘(B) ELIGIBLE WOOL PRODUCT.—For pur- (C) Subsection (c) is amended to read as amount determined by multiplying $141,000 poses of subparagraph (A)— follows: by a fraction— ‘‘(i) the eligible wool product for non- ‘‘(c) WOOL FIBER AND WOOL TOP.— ‘‘(i) the numerator of which is the amount importing manufacturers of worsted wool ‘‘(1) IMPORTING MANUFACTURERS.—For each attributable to the purchases of imported el- fabrics is wool yarn of the kind described in of the calendar years 2000, 2001, and 2002, a igible wool products in calendar year 1999 by heading 9902.51.13 of the Harmonized Tariff manufacturer of wool yarn or wool fabric the nonimporting manufacturer making the Schedule of the United States purchased in who imports wool fiber or wool top of the claim, and calendar year 1999; and kind described in heading 9902.51.14 of the ‘‘(ii) the denominator of which is the total ‘‘(ii) the eligible wool products for non- Harmonized Tariff Schedule of the United amount attributable to the purchases of im- importing manufacturers of wool yarn or States shall be eligible for a payment equal ported eligible wool products in calendar wool fabric are wool fiber or wool top of the to an amount determined pursuant to sub- year 1999 by all the nonimporting manufac- kind described in heading 9902.51.14 of such section (d)(3). turers described in subsection (b)(2). Schedule purchased in calendar year 1999. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4179

‘‘(6) AMOUNT ATTRIBUTABLE TO DUTIES ‘‘(3) imported wool fiber or wool top, of the amount of tax specified at the time of the de- PAID.—For purposes of paragraphs (1), (2)(A), kind described in heading 9902.51.14 of such posit as the taxpayer’s reasonable estimate and (3)(A), the amount attributable to the Schedule, at the time the wool fiber or wool of the maximum amount of any tax attrib- duties paid by a manufacturer shall be the top is processed in the United States into utable to disputable items. amount shown on the records of the Customs wool yarn.’’. ‘‘(B) SAFE HARBOR BASED ON 30-DAY LET- Service as of September 11, 2001, under this (2) FUNDING.—There is authorized to be ap- TER.—In the case of a taxpayer who has been section as then in effect. propriated such sums as are necessary to issued a 30-day letter, the maximum amount ‘‘(7) SCHEDULE OF PAYMENTS; REALLOCA- carry out the amendments made by para- of tax under subparagraph (A) shall not be TIONS.— graph (1). less than the amount of the proposed defi- ‘‘(A) SCHEDULE.—Of the payments de- SEC. 2202. CEILING FANS. ciency specified in such letter. scribed in paragraphs (1), (2)(A), and (3)(A), (a) IN GENERAL.—Notwithstanding any ‘‘(3) OTHER DEFINITIONS.—For purposes of the Customs Service shall make the first in- other provision of law, ceiling fans classified paragraph (2)— stallment on or before December 31, 2001, the under subheading 8414.51.00 of the Har- ‘‘(A) DISPUTABLE ITEM.—The term ‘disput- second installment on or before April 15, monized Tariff Schedule of the United States able item’ means any item of income, gain, 2002, and the third installment on or before imported from Thailand shall enter duty-free loss, deduction, or credit if the taxpayer— April 15, 2003. Of the payments described in and without any quantitative limitations, if ‘‘(i) has a reasonable basis for its treat- paragraphs (2)(C) and (3)(C), the Customs duty-free treatment under title V of the ment of such item, and Service shall make the first installment on Trade Act of 1974 (19 U.S.C. 2461 et seq.) ‘‘(ii) reasonably believes that the Sec- or before April 15, 2002, and the second in- would have applied to such entry had the retary also has a reasonable basis for dis- stallment on or before April 15, 2003. competitive need limitation been waived allowing the taxpayer’s treatment of such ‘‘(B) REALLOCATIONS.—In the event that a under section 503(d) of such Act. item. manufacturer that would have received pay- (b) APPLICABILITY.—The provisions of this ‘‘(B) 30-DAY LETTER.—The term ‘30-day let- ment under subparagraph (A) or (C) of para- section shall apply to ceiling fans described ter’ means the first letter of proposed defi- graph (1), (2), or (3) ceases to be qualified for in subsection (a) that are entered, or with- ciency which allows the taxpayer an oppor- such payment as such a manufacturer, the drawn from warehouse for consumption— tunity for administrative review in the In- amounts otherwise payable to the remaining (1) on or after the date that is 15 days after ternal Revenue Service Office of Appeals. manufacturers under such subparagraph the date of enactment of this Act; and ‘‘(4) RATE OF INTEREST.—The rate of inter- shall be increased on a pro rata basis by the (2) before July 30, 2002. est allowable under this subsection shall be amount of the payment such manufacturer SEC. 2203. CERTAIN STEAM OR OTHER VAPOR the Federal short-term rate determined would have received. GENERATING BOILERS USED IN NU- under section 6621(b), compounded daily. ‘‘(8) REFERENCE.—For purposes of para- CLEAR FACILITIES. ‘‘(e) USE OF DEPOSITS.— graphs (1)(A) and (6), the ‘records of the Cus- (a) IN GENERAL.—Subheading 9902.84.02 of ‘‘(1) PAYMENT OF TAX.—Except as otherwise toms Service as of September 11, 2001’ are the Harmonized Tariff Schedule of the provided by the taxpayer, deposits shall be the records of the Wool Duty Unit of the Cus- United States is amended— treated as used for the payment of tax in the toms Service on September 11, 2001, as ad- (1) by striking ‘‘4.9%’’ and inserting order deposited. justed by the Customs Service to the extent ‘‘Free’’; and ‘‘(B) RETURNS OF DEPOSITS.—Deposits shall necessary to carry out this section. The (2) by striking ‘‘12/31/2003’’ and inserting be treated as returned to the taxpayer on a amounts so adjusted are not subject to ad- ‘‘12/31/2006’’. last-in, first-out basis.’’. ministrative or judicial review. (b) EFFECTIVE DATE.—The amendments (2) CLERICAL AMENDMENT.—The table of ‘‘(e) AFFIDAVITS BY MANUFACTURERS.— made by subsection (a) shall apply to goods sections for subchapter A of chapter 67 of ‘‘(1) AFFIDAVIT REQUIRED.—A manufacturer entered, or withdrawn from warehouse for such Code is amended by adding at the end may not receive a payment under this sec- consumption, on or after January 1, 2002. the following new item: tion for calendar year 2000, 2001, or 2002, as SEC. 2204. REVENUE PROVISIONS. ‘‘Sec. 6603. Deposits made to suspend running the case may be, unless that manufacturer (a) DEPOSITS MADE TO SUSPEND RUNNING OF of interest on potential under- has submitted to the Customs Service for INTEREST ON POTENTIAL UNDERPAYMENTS.— payments, etc.’’. that calendar year a signed affidavit that at- (1) IN GENERAL.—Subchapter A of chapter (3) EFFECTIVE DATE.— tests that, during that calendar year, the af- 67 of the Internal Revenue Code of 1986 (re- (A) IN GENERAL.—The amendments made fiant was a manufacturer in the United lating to interest on underpayments) is by this subsection shall apply to deposits States described in subsection (a), (b), or (c). amended by adding at the end the following made after the date of the enactment of this ‘‘(2) TIMING.—An affidavit under paragraph new section: Act. (1) shall be valid— ‘‘SEC. 6603. DEPOSITS MADE TO SUSPEND RUN- (B) COORDINATION WITH DEPOSITS MADE ‘‘(A) in the case of a manufacturer de- NING OF INTEREST ON POTENTIAL UNDER REVENUE PROCEDURE 84–58.—In the case scribed in paragraph (1), (2)(A), or (3)(A) of UNDERPAYMENTS, ETC. of an amount held by the Secretary of the subsection (d) filing a claim for a payment ‘‘(a) AUTHORITY TO MAKE DEPOSITS OTHER Treasury or his delegate on the date of the for calendar year 2000, only if the affidavit is THAN AS PAYMENT OF TAX.—A taxpayer may enactment of this Act as a deposit in the na- postmarked no later than 15 days after the make a cash deposit with the Secretary ture of a cash bond deposit pursuant to Rev- date of enactment of the Wool Manufacturer which may be used by the Secretary to pay enue Procedure 84–58, the date that the tax- Payment Clarification and Technical Correc- any tax imposed under subtitle A or B or payer identifies such amount as a deposit tions Act; and chapter 41, 42, 43, or 44 which has not been made pursuant to section 6603 of the Internal ‘‘(B) in the case of a claim for a payment assessed at the time of the deposit. Such a Revenue Code (as added by this Act) shall be for calendar year 2001 or 2002, only if the affi- deposit shall be made in such manner as the treated as the date such amount is deposited davit is postmarked no later than March 1, Secretary shall prescribe. for purposes of such section 6603. 2002, or March 1, 2003, respectively. ‘‘(b) NO INTEREST IMPOSED.—To the extent (b) PARTIAL PAYMENT OF TAX LIABILITY IN ‘‘(f) OFFSETS.—Notwithstanding any other that such deposit is used by the Secretary to INSTALLMENT AGREEMENTS.— provision of this section, any amount other- pay tax, for purposes of section 6601 (relating (1) IN GENERAL.— wise payable under subsection (d) to a manu- to interest on underpayments), the tax shall (A) Section 6159(a) of the Internal Revenue facturer in calendar year 2001 and, where ap- be treated as paid when the deposit is made. Code of 1986 (relating to authorization of plicable, in calendar years 2002 and 2003, ‘‘(c) RETURN OF DEPOSIT.—Except in a case agreements) is amended— shall be reduced by the amount of any pay- where the Secretary determines that collec- (i) by striking ‘‘satisfy liability for pay- ment received by that manufacturer under tion of tax is in jeopardy, the Secretary shall ment of’’ and inserting ‘‘make payment on’’, this section before the enactment of the return to the taxpayer any amount of the de- and Wool Manufacturer Payment Clarification posit (to the extent not used for a payment (ii) by inserting ‘‘full or partial’’ after ‘‘fa- and Technical Corrections Act. of tax) which the taxpayer requests in writ- cilitate’’. ‘‘(g) DEFINITION.—For purposes of this sec- ing. (B) Section 6159(c) of such Code (relating to tion, the manufacturer is the party that ‘‘(d) PAYMENT OF INTEREST.— Secretary required to enter into installment owns— ‘‘(1) IN GENERAL.—For purposes of section agreements in certain cases) is amended in ‘‘(1) imported worsted wool fabric, of the 6611 (relating to interest on overpayments), a the matter preceding paragraph (1) by insert- kind described in heading 9902.51.11 or deposit which is returned to a taxpayer shall ing ‘‘full’’ before ‘‘payment’’. 9902.51.12 of the Harmonized Tariff Schedule be treated as a payment of tax for any period (2) REQUIREMENT TO REVIEW PARTIAL PAY- of the United States, at the time the fabric to the extent (and only to the extent) attrib- MENT AGREEMENTS EVERY TWO YEARS.—Sec- is cut and sewn in the United States into utable to a disputable tax for such period. tion 6159 of such Code is amended by redesig- men’s or boys’ suits, suit-type jackets, or Under regulations prescribed by the Sec- nating subsections (d) and (e) as subsections trousers; retary, rules similar to the rules of section (e) and (f), respectively, and inserting after ‘‘(2) imported wool yarn, of the kind de- 6611(b)(2) shall apply. subsection (c) the following new subsection: scribed in heading 9902.51.13 of such Sched- ‘‘(2) DISPUTABLE TAX.— ‘‘(d) SECRETARY REQUIRED TO REVIEW IN- ule, at the time the yarn is processed in the ‘‘(A) IN GENERAL.—For purposes of this sec- STALLMENT AGREEMENTS FOR PARTIAL COL- United States into worsted wool fabric; or tion, the term ‘disputable tax’ means the LECTION EVERY TWO YEARS.—In the case of S4180 CONGRESSIONAL RECORD — SENATE May 9, 2002 an agreement entered into by the Secretary ‘‘SEC. 225. NOTIFICATION BY INTERNATIONAL ‘‘SEC. 294. NOTIFICATION BY INTERNATIONAL under subsection (a) for partial collection of TRADE COMMISSION. TRADE COMMISSION. a tax liability, the Secretary shall review ‘‘(a) NOTIFICATION OF INVESTIGATION.— ‘‘(a) NOTIFICATION OF INVESTIGATION.— the agreement at least once every 2 years.’’. Whenever the International Trade Commis- Whenever the International Trade Commis- (3) EFFECTIVE DATE.—The amendments sion begins an investigation under section sion (in this chapter referred to as the ‘Com- made by this subsection shall apply to agree- 202 with respect to an industry, the Commis- mission’) begins an investigation under sec- ments entered into on or after the date of sion shall immediately notify the Secretary tion 202 with respect to an agricultural com- the enactment of this Act. of that investigation. modity, the Commission shall immediately (c) EXTENSION OF INTERNAL REVENUE SERV- ‘‘(b) NOTIFICATION OF AFFIRMATIVE FIND- notify the Secretary of the investigation. ICE USER FEES.— ING.—Whenever the International Trade ‘‘(b) NOTIFICATION OF AFFIRMATIVE DETER- (1) IN GENERAL.—Chapter 77 of the Internal Commission makes a report under section MINATION.—Whenever the Commission makes Revenue Code of 1986 (relating to miscella- 202(f) containing an affirmative finding re- a report under section 202(f) containing an neous provisions) is amended by adding at garding serious injury, or the threat thereof, affirmative finding regarding serious injury, the end the following new section: to a domestic industry, the Commission or the threat thereof, to a domestic industry ‘‘SEC. 7527. INTERNAL REVENUE SERVICE USER shall immediately notify the Secretary of producing an agricultural commodity, the FEES. that finding. Commission shall immediately notify the ‘‘(a) GENERAL RULE.—The Secretary shall On page A–45, between lines 16 and 17, in- Secretary of that finding. establish a program requiring the payment Beginning on page A–136, line 3, strike all of user fees for— sert the following: ‘‘(2) INDUSTRY-WIDE CERTIFICATION.—If the through page A–137, line 2, and insert the fol- ‘‘(1) requests to the Internal Revenue Serv- lowing: ice for ruling letters, opinion letters, and de- Secretary receives a petition under sub- section (b)(2)(E) on behalf of all workers in a ‘‘SEC. 299C. NOTIFICATION BY INTERNATIONAL termination letters, and TRADE COMMISSION. ‘‘(2) other similar requests. domestic industry producing an article or re- ‘‘(a) NOTIFICATION OF INVESTIGATION.— ‘‘(b) PROGRAM CRITERIA.— ceives 3 or more petitions under subsection Whenever the International Trade Commis- ‘‘(1) IN GENERAL.—The fees charged under (b)(2) within a 180-day period on behalf of the program required by subsection (a)— groups of workers producing the same arti- sion (in this chapter referred to as the ‘Com- ‘‘(A) shall vary according to categories (or cle, the Secretary shall make a determina- mission’) begins an investigation under sec- subcategories) established by the Secretary, tion under subsections (a)(1) and (c)(1) of this tion 202 with respect to fish or a class of fish, ‘‘(B) shall be determined after taking into section with respect to the domestic indus- the Commission shall immediately notify account the average time for (and difficulty try as a whole in which the workers are or the Secretary of the investigation. of) complying with requests in each category were employed. ‘‘(b) NOTIFICATION OF AFFIRMATIVE DETER- (and subcategory), and On page A–45, line 15, strike ‘‘(2)’’ and in- MINATION.—Whenever the Commission makes ‘‘(C) shall be payable in advance. sert ‘‘(3)’’. a report under section 202(f) containing an ‘‘(2) EXEMPTIONS, ETC.— On page A–45, line 20, strike ‘‘(3)’’ and in- affirmative finding regarding serious injury, ‘‘(A) IN GENERAL.—The Secretary shall pro- sert ‘‘(4)’’. or the threat thereof, to a domestic industry producing fish or a class of fish, the Commis- vide for such exemptions (and reduced fees) On page A–46, line 1, strike ‘‘(4)’’ and insert sion shall immediately notify the Secretary under such program as the Secretary deter- ‘‘(5)’’. of that finding. mines to be appropriate. On page A–95, between lines 5 and 6, insert ‘‘(B) EXEMPTION FOR CERTAIN REQUESTS RE- the following: f GARDING PENSION PLANS.—No fee shall be im- posed under this section for any request to SEC. 113. COORDINATION WITH OTHER TRADE AUTHORITY FOR COMMITTEES TO PROVISIONS. which section 620(a) of the Economic Growth MEET and Tax Relief Reconciliation Act of 2001 ap- (a) RECOMMENDATIONS BY ITC.— plies. (1) Section 202(e)(2)(D) of the Trade Act of COMMITTEE ON ARMED SERVICES ‘‘(3) AVERAGE FEE REQUIREMENT.—The aver- 1974 (19 U.S.C. 2252(e)(2)(D)) is amended by Mr. REID. Mr. President, I ask unan- age fee charged under the program required striking ‘‘, including the provision of trade imous consent that the Committee on by subsection (a) shall not be less than the adjustment assistance under chapter 2’’. Armed Services be authorized to meet (2) Section 203(a)(3)(D) of the Trade Act of amount determined under the following during the session of the Senate on table: 1974 (19 U.S.C. 2252(a)(3)(D)) is amended by striking ‘‘, including the provision of trade Thursday, May 9, 2002, at 9:30 a.m., in Average closed session to mark up the Depart- ‘‘Category Fee adjustment assistance under chapter 2’’. Employee plan ruling and opinion .. $250 (b) ASSISTANCE FOR WORKERS.—Section ment of Defense Authorization Act for Exempt organization ruling ...... $350 203(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. Fiscal Year 2003. Employee plan determination ...... $300 2252(a)(1)(A)) is amended to read as follows: The PRESIDING OFFICER. Without Exempt organization determina- $275 ‘‘(A) After receiving a report under section objection, it is so ordered. tion. 202(f) containing an affirmative finding re- COMMITTEE ON FINANCE Chief counsel ruling ...... $200. garding serious injury, or the threat thereof, ‘‘(c) TERMINATION.—No fee shall be imposed to a domestic industry— Mr. REID. Mr. President, I ask unan- under this section with respect to requests ‘‘(i) the President shall take all appro- imous consent that the Committee on made after September 30, 2005.’’ priate and feasible action within his power; Finance be authorized to meet during (2) CONFORMING AMENDMENTS.— and (A) The table of sections for chapter 77 of the session of the Senate on Thursday, ‘‘(ii) the Secretary of Labor, the Secretary such Code is amended by adding at the end May 9, 2002, at 9:30 a.m., to hear testi- of Agriculture, or the Secretary of Com- the following new item: mony on revenue issues related to the merce, as appropriate, shall certify as eligi- Highway Trust Fund. ‘‘Sec. 7527. Internal Revenue Service user ble for trade adjustment assistance under fees.’’ section 231(a), 292, or 299B, workers, farmers, The PRESIDING OFFICER. Without objection, it is so ordered. (B) Section 10511 of the Revenue Act of 1987 or fishermen who are or were employed in is repealed. the domestic industry defined by the Com- COMMITTEE ON THE JUDICIARY (3) EFFECTIVE DATE.—The amendments mission if such workers, farmers, or fisher- Mr. REID. Mr. President, I ask unan- made by this subsection shall apply to re- men become totally or partially separated, imous consent that the Committee on quests made after the date of the enactment or are threatened to become totally or par- the Judiciary be authorized to meet to of this Act. tially separated not more than 1 year before or not more than 1 year after the date on conduct a hearing on ‘‘judicial nomina- SA 3400. Mr. BAYH (for himself, Mr. which the Commission made its report to the tions’’ on Thursday, May 9, 2002, in the DURBIN, Mr. DAYTON, Ms. MIKULSKI, President under section 202(f).’’. Dirksen Room 226 at 2 p.m. and Mr. ROCKEFELLER) submitted an (c) SPECIAL LOOK-BACK RULE.—Section Witness List amendment intended to be proposed to 203(a)(1)(A) of the Trade Act of 1974 shall amendment SA 3386 proposed by Mr. apply to a worker, farmer, or fisherman if Panel I: The Honorable Daniel K. not more than 1 year before the date of en- DASCHLE to the bill (H.R. 3009) to ex- Inouye; the Honorable Arlen Specter; actment of the Trade Adjustment Assistance the Honorable Daniel Akaka; the Hon- tend the Andean Trade Preference Act, Reform Act of 2002 the Commission notified to grant additional trade benefits orable Rick Santorum; the Honorable the President of an affirmative determina- Christopher Cox; the Honorable Tim under that Act, and for other purposes; tion under section 202(f) of such Act with re- which was ordered to lie on the table; spect the domestic industry in which such Holden; and the Honorable Melissa as follows: worker, farmer, or fisherman was employed. Hart. Beginning on page A–35, line 1, strike all Beginning on page A–120, line 7, strike all Panel II: Richard R. Clifton to be a through page A–36, line 3, and insert the fol- through page A–121, line 9, and insert the fol- U.S. Circuit Court Judge for the 9th lowing: lowing: Circuit. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4181 Panel III: Christopher C. Conner to EXPORT-IMPORT BANK SEC. 4. ADMINISTRATIVE EXPENSES. be a U.S. District Court Judge for the REAUTHORIZATION ACT OF 2002 (a) LIMITATIONS ON AUTHORIZATION OF AP- PROPRIATIONS.—Section 3 of the Export-Import Middle District of Pennsylvania; Joy Mr. REID. Mr. President, I ask the Flowers Conti to be a U.S. District Bank Act of 1945 (12 U.S.C. 635a) is amended by Chair to lay before the Senate a mes- adding at the end the following: Court Judge for the Western District of sage from the House of Representatives ‘‘(f) LIMITATIONS ON AUTHORIZATION OF AP- Pennsylvania; and John E. Jones, III to with respect to S. 1372. PROPRIATIONS FOR ADMINISTRATIVE EXPENSES.— be a U.S. District Court Judge for the The Presiding Officer laid before the ‘‘(1) IN GENERAL.—For administrative expenses Middle District of Pennsylvania. Senate a message from the House, as incurred by the Bank, including technology-re- lated expenses to carry out section 2(b)(1)(E)(x), The PRESIDING OFFICER. Without follows: objection, it is so ordered. there are authorized to be appropriated to the Resolved, That the bill from the Senate (S. Bank not more than— SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT 1372) entitled ‘‘An Act to reauthorize the Ex- ‘‘(A) for fiscal year 2002, $80,000,000; and AND THE COURTS port-Import Bank of the United States’’, do ‘‘(B) for each of fiscal years 2003 through Mr. REID. Mr. President, I ask unan- pass with the following amendment: 2005, the amount authorized by this paragraph imous consent that the Committee on Strike out all after the enacting clause and to be appropriated for the then preceding fiscal the Judiciary Subcommittee on Ad- insert: year, increased by the inflation percentage (as ministrative Oversight and the Courts SECTION 1. SHORT TITLE; TABLE OF CONTENTS. defined in section 6(a)(2)(B)) applicable to the be authorized to meet to conduct a (a) SHORT TITLE.—This Act may be cited as then current fiscal year. ‘‘(2) OUTREACH TO SMALL BUSINESSES WITH hearing on ‘‘Ghosts of Nominations the ‘‘Export-Import Bank Reauthorization Act of 2002’’. FEWER THAN 100 EMPLOYEES.—Of the amount ap- Past: Setting the Record Straight’’ on (b) TABLE OF CONTENTS.—The table of con- propriated pursuant to paragraph (1), there Thursday, May 9, 2002, at 10 a.m., in tents of this Act is as follows: shall be available for outreach to small business Dirksen 226. Sec. 1. Short title; table of contents. concerns (as defined under section 3 of the Small Business Act) employing fewer than 100 Witness List Sec. 2. Clarification that purposes include United States employment. employees, not more than— Panel I: The Honorable Jorge Rangel, Sec. 3. Extension of authority. ‘‘(A) $2,000,000 for fiscal year 2002; and the Rangel Law Firm, Corpus Christi, Sec. 4. Administrative expenses. ‘‘(B) for each of fiscal years 2003 through 2005, the amount required by this paragraph to Texas; Kent Markus, Esq., Director, Sec. 5. Increase in aggregate loan, guarantee, and insurance authority. be made available for the then preceding fiscal Dave Thomas Center for Adoption Law, year, increased by the inflation percentage (as Capital University Law School, Colum- Sec. 6. Activities relating to Africa. Sec. 7. Small business. defined in section 6(a)(2)(B)) applicable to the bus, Ohio; Enrique Moreno, Esq., Law Sec. 8. Technology. then current fiscal year.’’. Offices of Enrique Moreno, EL Paso, Sec. 9. Tied Aid Credit Fund. (b) REQUIRED BUDGET SUBCATEGORIES.—Sec- Texas; and Bonnie Campbell, Esq., Sec. 10. Expansion of authority to use Tied Aid tion 1105(a) of title 31, United States Code, is Former Attorney General of Iowa, Credit Fund. amended by adding at the end the following: Washington, DC. Sec. 11. Renaming of Tied Aid Credit Program ‘‘(34) with respect to the amount of appropria- tions requested for use by the Export-Import Panel II: The Honorable C. Boyden and Fund as Export Competitive- ness Program and Fund. Bank of the United States, a separate statement Gray, Former White House Counsel, of the amount requested for its program budget, Washington, DC, and the Honorable Sec. 12. Annual competitiveness report. Sec. 13. Renewable energy sources. the amount requested for its administrative ex- Carlos Bea, Superior Court, San Fran- Sec. 14. GAO reports. penses, and of the amount requested for its ad- cisco, CA. Sec. 15. Human rights. ministrative expenses, the amount requested for The PRESIDING OFFICER. Without Sec. 16. Steel. technology expenses and the amount requested objection, it is so ordered. Sec. 17. Correction of references. for expenses for outreach to small business con- cerns (as defined under section 3 of the Small SUBCOMMITTE ON OCEANS, ATMOSPHERE, AND Sec. 18. Authority to deny application for as- sistance based on fraud or corrup- Business Act) employing fewer than 100 employ- FISHERIES ees.’’. Mr. REID. Mr. President, I ask unan- tion by the applicant. Sec. 19. Consideration of foreign country help- (c) SENSE OF THE CONGRESS ON THE IMPOR- imous consent that the Subcommittee fulness in efforts to eradicate ter- TANCE OF TECHNOLOGY IMPROVEMENTS.— (1) FINDINGS.—The Congress finds that— on Oceans, Atmosphere and Fisheries rorism. (A) the Export-Import Bank of the United be authorized to meet on Thursday, Sec. 20. Outstanding orders and preliminary in- States is in great need of technology improve- May 9, 2002, at 9:30 a.m., on oversight of jury determinations. ments; Sec. 21. Sense of the Congress relating to re- management issues at the National (B) part of the amount budgeted for adminis- newable energy targets. Marine Fisheries Service. trative expenses of the Export-Import Bank is Sec. 22. Requirement that applicants for assist- The PRESIDING OFFICER. Without used for technology initiatives and systems up- ance disclose whether they have objection, it is so ordered. grades for computer hardware and software violated the Foreign Corrupt purchases; f Practices Act; maintenance of list (C) the Export-Import Bank is falling behind of violators. its foreign competitor export credit agencies’ UNANIMOUS CONSENT AGREE- Sec. 23. Sense of the Congress. proactive technology improvements; MENT—EXECUTIVE CALENDAR SEC. 2. CLARIFICATION THAT PURPOSES IN- (D) small businesses disproportionately benefit Mr. REID. Mr. President, I ask unan- CLUDE UNITED STATES EMPLOY- from improvements in technology; MENT. (E) small businesses need Export-Import Bank imous consent that on Monday, May 13, Section 2(a)(1) of the Export-Import Bank Act at 4 p.m., the Senate proceed to execu- technology improvements in order to export of 1945 (12 U.S.C. 635(a)(1)) is amended by strik- transactions quickly, with as great paper ease tive session to consider the following ing the 2nd sentence and inserting the fol- as possible, and with a quick Bank turn-around nomination: Calendar No. 815, Paul lowing: ‘‘The objects and purposes of the Bank time that does not overstrain the tight resources Cassell, to be a United States District shall be to aid in financing and to facilitate ex- of such businesses; Judge; that there be 2 hours for debate ports of goods and services, imports, and the ex- (F) the Export-Import Bank intends to de- on the nomination equally divided be- change of commodities and services between the velop a number of e-commerce initiatives aimed United States or any of its territories or insular at improving customer service, including web- tween the chairman and the ranking possessions and any foreign country or the member of the Judiciary Committee or based application and claim filing procedures agencies or nationals of any such country, and which would reduce processing time, speed pay- their designees; that at 6 p.m., on Mon- in so doing to contribute to the employment of ment of claims, and increase staff efficiency; day, the Senate vote on confirmation United States workers. To further meet the ob- (G) the Export-Import Bank is beginning the of the nomination; the motion to re- jective set forth in the preceding sentence, the process of moving insurance applications from consider be laid upon the table; the Bank shall ensure that its loans, guarantees, in- an outdated mainframe system to a modern, President be immediately notified of surance, and credits are contributing to main- web-enabled database, with new functionality the Senate’s action; any statements taining or increasing employment of United including credit scoring, portfolio management, States workers.’’. thereon be printed in the RECORD; and work flow and e-commerce features to be added; the Senate return to legislative ses- SEC. 3. EXTENSION OF AUTHORITY. and Section 7 of the Export-Import Bank Act of (H) the Export-Import Bank wants to con- sion, without any intervening action or 1945 (12 U.S.C. 635f) and section 1(c) of Public tinue its e-commerce strategy, including web site debate. Law 103–428 (12 U.S.C. 635 note; 108 Stat. 4376) development, expanding online applications and The PRESIDING OFFICER. Without are each amended by striking ‘‘2001’’ and insert- establishing a public/private sector technology objection, it is so ordered. ing ‘‘2005’’. partnership. S4182 CONGRESSIONAL RECORD — SENATE May 9, 2002

(2) SENSE OF THE CONGRESS.—The Congress made available for small business concerns em- ‘‘(A) IN GENERAL.—The Secretary and the emphasizes the importance of technology im- ploying fewer than 100 employees’’ before the Bank jointly shall develop a process for, and the provements for the Export-Import Bank of the period. principles and standards to be used in, deter- United States, which are of particular impor- (b) OUTREACH TO BUSINESSES OWNED BY SO- mining how the amounts in the Tied Aid Credit tance for small businesses. CIALLY DISADVANTAGED INDIVIDUALS OR Fund could be used most effectively and effi- SEC. 5. INCREASE IN AGGREGATE LOAN, GUAR- WOMEN.—Section 2(b)(1)(E)(iii)(II) of such Act ciently to carry out the purposes of subsection ANTEE, AND INSURANCE AUTHOR- (12 U.S.C. 635(b)(1)(E)(iii)(II)) is amended by in- (a)(6). ITY. serting after ‘‘Bank’’ the following: ‘‘, with par- ‘‘(B) CONTENT OF PRINCIPLES, PROCESS, AND Section 6(a) of the Export-Import Bank Act of ticular emphasis on conducting outreach and STANDARDS.— 1945 (12 U.S.C. 635e(a)) is amended to read as increasing loans to businesses not less than 51 ‘‘(i) CONSIDERATION OF CERTAIN PRINCIPLES follows: percent of which are directly and uncondition- AND STANDARDS.—In developing the principles ‘‘(a) LIMITATION ON OUTSTANDING AMOUNTS.— ally owned by 1 or more socially disadvantaged and standards referred to in subparagraph (A), ‘‘(1) IN GENERAL.—The Export-Import Bank of individuals (as defined in section 8(a)(5) of the the Secretary and the Bank shall consider ad- the United States shall not have outstanding at Small Business Act) or women,’’. ministering the Tied Aid Credit Fund in accord- any one time loans, guarantees, and insurance (c) OFFICE FOR SMALL BUSINESS EXPORTERS.— ance with the following principles and stand- in an aggregate amount in excess of the applica- Section 3 of such Act (12 U.S.C. 635a) is further ards: ble amount. amended by adding at the end the following: ‘‘(I) The Tied Aid Credit Fund should be used ‘‘(2) APPLICABLE AMOUNT.— ‘‘(h) OFFICE FOR SMALL BUSINESS EXPORT- to leverage multilateral negotiations to restrict ‘‘(A) IN GENERAL.—In paragraph (1), the term ERS.— the scope for aid-financed trade distortions ‘applicable amount’ means— ‘‘(1) ESTABLISHMENT.—There is established in through new multilateral rules, and to police ex- ‘‘(i) during fiscal year 2002, $100,000,000,000, the Bank an Office for Small Business Export- isting rules. increased by the inflation percentage applicable ers. ‘‘(II) The Tied Aid Credit Fund will be used to to fiscal year 2002; ‘‘(2) FUNCTION.—The Office for Small Busi- counter a foreign tied aid credit confronted by a ‘‘(ii) during fiscal year 2003, $110,000,000,000, ness Exporters shall focus on increasing Bank United States exporter when bidding for a cap- increased by the inflation percentage applicable activities to enhance small business exports and ital project. to fiscal year 2003; to meet the unique trade finance needs of small ‘‘(III) Credible information about an offer of ‘‘(iii) during fiscal year 2004, $120,000,000,000, business exporters. foreign tied aid will be required before the Tied increased by the inflation percentage applicable ‘‘(3) REPORTS.—The Office for Small Business Aid Credit Fund is used to offer specific terms to to fiscal year 2004; and Exporters shall, from time to time not less than match such an offer. ‘‘(iv) during fiscal year 2005, $130,000,000,000, annually, report to the Board on the how the ‘‘(IV) The Tied Aid Credit Fund will be used increased by the inflation percentage applicable Office for Small Business Exporters is achieving to enable a competitive United States exporter to to fiscal year 2005. the goals as described in paragraph (2). pursue further market opportunities on commer- ‘‘(B) INFLATION PERCENTAGE.—For purposes of ‘‘(4) SENSE OF CONGRESS.—It is the sense of cial terms made possible by the use of the Fund. subparagraph (A) of this paragraph, the infla- the Congress that the Bank should redirect and ‘‘(V) Each use of the Tied Aid Credit Fund tion percentage applicable to any fiscal year is prioritize existing resources and personnel to es- will be in accordance with the Arrangement un- the percentage (if any) by which— tablish the Office for Small Business Export- less a breach of the Arrangement has been com- ‘‘(i) the average of the Consumer Price Index ers.’’. mitted by a foreign export credit agency. (as defined in section 1(f)(5) of the Internal Rev- ‘‘(VI) The Tied Aid Credit Fund may only be SEC. 8. TECHNOLOGY. enue Code of 1986) for the 12-month period end- used to defend potential sales by United States (a) SMALL BUSINESS.—Section 2(b)(1)(E) of the ing on December 31 of the immediately preceding companies to a project that is environmentally Export-Import Bank Act of 1945 (12 U.S.C. fiscal year; exceeds sound. ‘‘(ii) the average of the Consumer Price Index 635(b)(1)(E)) is amended by adding at the end ‘‘(VII) The Tied Aid Credit Fund may be used (as so defined) for the 12-month period ending the following: to preemptively counter potential foreign tied on December 31 of the 2nd preceding fiscal year. ‘‘(x) The Bank shall implement technology im- aid offers without triggering foreign tied aid ‘‘(3) SUBJECT TO APPROPRIATIONS.—All spend- provements which are designed to improve small use. ing and credit authority provided under this Act business outreach, including allowing customers ‘‘(ii) LIMITATION.—The principles, process and shall be effective for any fiscal year only to to use the Internet to apply for all Bank pro- standards referred to in subparagraph (A) shall such extent or in such amounts as are provided grams.’’. not result in the Secretary having the authority in appropriation Acts.’’. (b) ELECTRONIC TRACKING OF PENDING TRANS- to veto a specific deal. SEC. 6. ACTIVITIES RELATING TO AFRICA. ACTIONS.—Section 2(b)(1) of such Act (12 U.S.C. ‘‘(C) INITIAL PRINCIPLES, PROCESS, AND STAND- (a) EXTENSION OF ADVISORY COMMITTEE FOR 635(b)(1)) is amended by adding at the end the ARDS.—As soon as is practicable but not later SUB-SAHARAN AFRICA.—Section 2(b)(9)(B)(iii) of following: than 6 months after the date of the enactment the Export-Import Bank Act of 1945 (12 U.S.C. ‘‘(J) The Bank shall implement an electronic of this paragraph, the Secretary and the Bank 635(b)(9)(B)(iii)) is amended by striking ‘‘4 years system designed to track all pending trans- shall submit to the Committee on Financial after the date of enactment of this subpara- actions of the Bank.’’. Services of the House of Representatives and the graph’’ and inserting ‘‘on September 30, 2005’’. (c) REPORTS.— Committee on Banking, Housing, and Urban Af- (b) COORDINATION OF AFRICA ACTIVITIES.— (1) IN GENERAL.—During each of fiscal years fairs of the Senate a copy of the principles, Section 2(b)(9)(A) of the Export-Import Bank 2002 through 2005, the Export-Import Bank of process, and standards developed pursuant to Act of 1945 (12 U.S.C. 635(b)(9)(A)) is amended the United States shall submit to the Committees subparagraph (A). by inserting ‘‘, in consultation with the Depart- on Financial Services and on Appropriations of ‘‘(D) TRANSITIONAL PRINCIPLES AND STAND- ment of Commerce and the Trade Promotion Co- the House of Representatives and the Commit- ARDS.—The principles and standards set forth in ordinating Council,’’ after ‘‘shall’’. tees on Banking, Housing, and Urban Affairs subparagraph (B)(i) shall govern the use of the (c) CONTINUED REPORTS TO THE CONGRESS.— and on Appropriations of the Senate an interim Tied Aid Credit Fund until the principles, proc- Section 7(b) of the Export-Import Bank Reau- report and a final report on the efforts made by ess, and standards required by subparagraph thorization Act of 1997 (12 U.S.C. 635 note) is the Bank to carry out subsections (E)(x) and (J) (C) are submitted. amended by striking ‘‘4’’ and inserting ‘‘8’’. of section 2(b)(1) of the Export-Import Bank Act ‘‘(E) UPDATE AND REVISION.—The Secretary (d) CREATION OF OFFICE ON AFRICA.—Section of 1945, and on how the efforts are assisting and the bank jointly should update and revise, 3 of the Export-Import Bank Act of 1945 (12 small businesses. as needed, the principles, process, and stand- U.S.C. 635a) is further amended by adding at (2) TIMING.—The interim report required by ards developed pursuant to subparagraph (A), the end the following: paragraph (1) for a fiscal year shall be sub- and, on doing so, shall submit to the Committee ‘‘(g) OFFICE ON AFRICA.— mitted April 30 of the fiscal year, and the final on Financial Services of the House of Represent- ‘‘(1) ESTABLISHMENT.—There is established in report so required for a fiscal year shall be sub- atives and the Committee on Banking, Housing, the Bank an Office on Africa. mitted on November 1 of the succeeding fiscal and Urban Affairs of the Senate a copy of the ‘‘(2) FUNCTION.—The Office on Africa shall year. principles, process, and standards so updated focus on increasing Bank activities in Africa SEC. 9. TIED AID CREDIT FUND. and revised.’’. and increasing visibility among United States (a) PRINCIPLES, PROCESS, AND STANDARDS.— (b) RECONSIDERATION OF BOARD DECISIONS ON companies of African markets for exports. Section 10(b) of the Export-Import Bank Act of USE OF FUND.—Section 10(b) of such Act (12 ‘‘(3) REPORTS.—The Office on Africa shall, 1945 (12 U.S.C. 635i–3(b)) is amended— U.S.C. 635i–3(b)) is further amended by adding from time to time not less than annually, report (1) in paragraph (2), by striking subparagraph at the end the following: to the Board on the matters described in para- (A) and inserting the following: ‘‘(6) RECONSIDERATION OF DECISIONS.— graph (2).’’. ‘‘(A) in consultation with the Secretary and ‘‘(A) IN GENERAL.—Taking into consideration SEC. 7. SMALL BUSINESS. in accordance with the principles, process, and the time sensitivity of transactions, the Board of (a) IN GENERAL.—Section 2(b)(1)(E)(v) of the standards developed pursuant to paragraph (5) Directors of the Bank shall expeditiously pursu- Export-Import Bank Act of 1945 (12 U.S.C. of this subsection and the purposes described in ant to paragraph (2) reconsider a decision of the 635(b)(1)(E)(v)) is amended— subsection (a)(5);’’; and Board to deny an application of the use of the (1) by striking ‘‘10’’ and inserting ‘‘20’’; and (2) by adding at the end the following: Tied Aid Credit Fund if the applicant submits (2) by inserting ‘‘, and from such amount, not ‘‘(5) PRINCIPLES, PROCESS, AND STANDARDS the request for reconsideration within 3 months less than 8 percent of such authority shall be GOVERNING USE OF THE FUND.— of the denial. May 9, 2002 CONGRESSIONAL RECORD — SENATE S4183

‘‘(B) PROCEDURAL RULES.—In any such recon- tion) that claims to operate on a commercial U.S.C. 635(b)(1)(A)) is further amended by add- sideration, the applicant may be required to, basis while benefiting directly or indirectly from ing at the end the following: ‘‘The Bank shall provide new information on the application.’’. some level of government support.’’. include in the annual report a description of SEC. 10. EXPANSION OF AUTHORITY TO USE TIED SEC. 11. RENAMING OF TIED AID CREDIT PRO- outreach efforts made by the Bank to any busi- AID CREDIT FUND. GRAM AND FUND AS EXPORT COM- ness not less than 51 percent of which is directly (a) UNTIED AID.— PETITIVENESS PROGRAM AND FUND. and unconditionally owned by 1 or more so- (1) NEGOTIATIONS.—The Secretary of the Section 10 of the Export-Import Bank Act of cially disadvantaged individuals (as defined in Treasury shall seek to negotiate an OECD Ar- 1945 (12 U.S.C. 635i–3) is further amended— section 8(a)(5) of the Small Business Act) or rangement on Untied Aid. In the negotiations, (1) by striking all that precedes paragraph (1) women, and any data on the results of such ef- the Secretary should seek agreement on sub- of subsection (a) and inserting the following: forts.’’. jecting untied aid to the rules governing the Ar- ‘‘SEC. 10. EXPORT COMPETITIVENESS FUND. SEC. 13. RENEWABLE ENERGY SOURCES. rangement, including the rules governing disclo- ‘‘(a) FINDINGS.—The Congress finds that—’’; (a) PROMOTION.—Section 2(b)(1) of the Ex- sure. (2) in subsection (a)(6) (as so redesignated by port-Import Bank Act of 1945 (12 U.S.C. (2) REPORT TO THE CONGRESS.—Within 1 year section 9(c)(1)(D) of this Act), by striking ‘‘tied 635(b)(1)), as amended by section 8(b) of this after the date of the enactment of this Act, the aid program’’ and inserting ‘‘export competitive- Act, is amended by adding at the end the fol- Secretary of the Treasury shall submit to the ness program’’; lowing: Committee on Financial Services of the House of (3) in the heading of subsection (b), by strik- ‘‘(K) The Bank shall promote the export of Representatives and the Committee on Banking, ing ‘‘TIED AID CREDIT’’ and inserting ‘‘EXPORT goods and services related to renewable energy Housing, and Urban Affairs of the Senate a re- COMPETITIVENESS’’; sources.’’. port on the successes, failures, and obstacles in (4) in subsection (b)(1)— (b) DESCRIPTION OF EFFORTS TO BE INCLUDED initiating negotiations, and if negotiations were (A) by striking ‘‘tied aid credit program’’ and IN ANNUAL COMPETITIVENESS REPORT.—Section initiated, in reaching the agreement described in inserting ‘‘export competitiveness program’’; and 2(b)(1)(A) of such Act (12 U.S.C. 635(b)(1)(A)) is paragraph (1). (B) by striking ‘‘Tied Aid Credit fund’’ and further amended by adding at the end the fol- (b) MARKET WINDOWS.— inserting ‘‘Export Competitiveness Fund’’; lowing: ‘‘The Bank shall include in the annual (1) NEGOTIATIONS.—The Secretary of the (5) in subsection (b)(2), by striking ‘‘tied aid report a description of the efforts undertaken Treasury shall seek to negotiate an OECD Ar- credit program’’ and inserting ‘‘export competi- under subparagraph (K).’’. rangement on Market Windows. In the negotia- tiveness program’’; SEC. 14. GAO REPORTS. tions, the Secretary should seek agreement on (6) in subsection (b)(3)— (a) POTENTIAL OF WTO TO REMEDY UNTIED subjecting market windows to the rules gov- (A) by striking ‘‘tied aid credit program’’ and AID AND MARKET WINDOWS.—Within 1 year erning the Arrangement, including the rules inserting ‘‘export competitiveness program’’; and after the date of the enactment of this Act, the governing disclosure. (B) by striking ‘‘Tied Aid Credit Fund’’ and Comptroller General of the United States shall (2) REPORT TO THE CONGRESS.—Within 2 years inserting ‘‘Export Competitiveness Fund’’; submit to the Committee on Financial Services after the date of the enactment of this Act, the (7) in subsection (b)(5) (as added by section of the House of Representatives and the Com- Secretary of the Treasury shall submit to the 9(a)(2) of this Act), by striking ‘‘Tied Aid Credit mittee on Banking, Housing, and Urban Affairs Committee on Financial Services of the House of Fund’’ each place it appears and inserting ‘‘Ex- of the Senate a report that examines— Representatives and the Committee on Banking, port Competitiveness Fund’’; (1) whether a case could be brought by the Housing, and Urban Affairs of the Senate a re- (8) in subsection (b)(6) (as added by section United States in the World Trade Organization port on the successes, failures, and obstacles in 9(b) of this Act), by striking ‘‘Tied Aid Credit seeking relief against untied aid and market initiating negotiations, and if negotiations were Fund’’ and inserting ‘‘Export Competitiveness windows, and if so, the kinds of relief that initiated, in reaching the agreement described in Fund’’; would be available if the United States were to paragraph (1). (9) in subsection (c)— prevail in such a case; and (c) USE OF TIED AID CREDIT FUND TO COMBAT (A) in the subsection heading, by striking (2) the scope of penalty tariffs that the United UNTIED AID.—Section 10 of the Export-Import ‘‘TIED AID CREDIT’’ and inserting ‘‘EXPORT States could impose against imports from a Bank Act of 1945 (12 U.S.C. 635i–3) is amended COMPETITIVENESS’’; and country that uses untied aid or market win- in subsection (a)— (B) in paragraph (1), by striking ‘‘Tied Aid dows. (A) in paragraph (4), by striking ‘‘and’’ at the Credit’’ and inserting ‘‘Export Competitive- (b) COMPARATIVE RESERVE PRACTICES OF EX- end; ness’’; PORT CREDIT AGENCIES AND PRIVATE BANKS.— (B) in paragraph (5), by inserting ‘‘, or untied (10) in subsection (d), by striking ‘‘tied aid Within 1 year after the date of the enactment of aid,’’ before ‘‘for commercial’’ the 1st and 3rd credit’’ and inserting ‘‘export competitiveness’’; this Act, the Comptroller General of the United places it appears; and and States shall submit to the Committee on Finan- (C) by redesignating paragraph (5) as para- (11) in subsection (g)(2)(C), by striking ‘‘Tied cial Services of the House of Representatives graph (6) and inserting after paragraph (4) the Aid Credit’’ and inserting ‘‘Export Competitive- and the Committee on Banking, Housing, and following: ness’’. Urban Affairs of the Senate a report that exam- ‘‘(5) the Bank has, at a minimum, the fol- SEC. 12. ANNUAL COMPETITIVENESS REPORT. ines the reserve ratios of the Export-Import lowing two tasks: Bank of the United States as compared with the ‘‘(A)(i) First, the Bank should match, and (a) TIMING.— reserve practices of private banks and foreign even overmatch, foreign export credit agencies (1) IN GENERAL.—Section 2(b)(1)(A) of the Ex- export credit agencies. and aid agencies when they engage in tied aid port-Import Bank Act of 1945 (12 U.S.C. outside the confines of the Arrangement and 635(b)(1)(A)) is amended in the 4th sentence by SEC. 15. HUMAN RIGHTS. when they exploit loopholes, such as untied aid; striking ‘‘on an annual basis’’ and inserting Section 2(b)(1)(B) of the Export-Import Bank ‘‘(ii) such matching and overmatching is need- ‘‘on June 30 of each year’’. Act of 1945 (12 U.S.C. 635(b)(1)(B)) is amended ed to provide the United States with leverage in (2) APPLICABILITY.—The amendment made by by inserting ‘‘(as provided in the Universal Dec- efforts at the OECD to reduce the overall level paragraph (1) shall apply to reports for cal- laration of Human Rights adopted by the of export subsidies; endar years after calendar year 2000. United Nations General Assembly on December ‘‘(iii) only through matching or bettering for- (b) ADDITIONAL MATTERS TO BE AD- 10, 1948)’’ after ‘‘human rights’’. eign export credit offers can the Bank buttress DRESSED.—Section 2(b)(1)(A) of such Act (12 SEC. 16. STEEL. United States negotiators in their efforts to U.S.C. 635(b)(1)(A)) is amended by adding at the (a) REEVALUATION.—The Export-Import Bank bring these loopholes within the disciplines of end the following: ‘‘The Bank shall include in of the United States shall re-assess the effects of the Arrangement; and the annual report a description of the volume of the approval by the Bank of an $18,000,000 me- ‘‘(iv) in order to bring untied aid within the financing provided by each foreign export credit dium-term guarantee to support the sale of com- discipline of the Arrangement, the Bank should agency, and a description of all Bank trans- puter software, control systems, and main drive sometimes initiate highly competitive financial actions which shall be classified according to power supplies to Benxi Iron & Steel Company, support when the Bank learns that foreign un- their principal purpose, such as to correct a in Benxi, Liaoning, China, for the purpose of tied aid offers will be made; and market failure or to provide matching support.’’. evaluating whether the adverse impact test of ‘‘(B) Second, the Bank should support United (c) NUMBER OF SMALL BUSINESS SUPPLIERS OF the Bank sufficiently takes account of the inter- States exporters when the exporters face foreign BANK USERS.—Section 2(b)(1)(A) of such Act (12 ests of United States industries. competition that is consistent with the letter U.S.C. 635(b)(1)(A)) is further amended by add- (b) REPORT TO THE CONGRESS.—Within 1 year and spirit of the Arrangement and the Subsidies ing at the end the following: ‘‘The Bank shall after the date of the enactment of this Act, the Code of the World Trade Organization, but estimate on the basis of an annual survey or Export-Import Bank of the United States shall which nonetheless is more generous than the tabulation the number of entities that are sup- submit to the Committee on Financial Services terms available from the private financial mar- pliers of users of the Bank and that are small of the House of Representatives and the Com- ket; and’’. business concerns (as defined under section 3 of mittee on Banking, Housing, and Urban Affairs (d) DEFINITION OF MARKET WINDOW.—Section the Small Business Act) located in the United of the Senate a report on the re-assessment re- 10(h) of such Act (12 U.S.C. 635i–3(h)) is amend- States, and shall include the estimate in the an- quired by subsection (a). ed by adding at the end the following: nual report.’’. SEC. 17. CORRECTION OF REFERENCES. ‘‘(7) MARKET WINDOW.—The term ‘market win- (d) OUTREACH TO BUSINESSES OWNED BY SO- (a) Section 2(b)(1)(B) of the Export-Import dow’ means the provision of export financing CIALLY DISADVANTAGED INDIVIDUALS OR BY Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) is through an institution (or a part of an institu- WOMEN.—Section 2(b)(1)(A) of such Act (12 amended by striking ‘‘Banking and’’. S4184 CONGRESSIONAL RECORD — SENATE May 9, 2002 (b) Each of the following provisions of the Ex- sult in a significant increase in imports of sub- The PRESIDING OFFICER. Without port-Import Bank Act of 1945 is amended by stantially the same product covered by the pre- objection, it is so ordered. striking ‘‘Banking, Finance and Urban Affairs’’ liminary determination and are likely to not and inserting ‘‘Financial Services’’: have a significant adverse impact on the domes- f (1) Section 2(b)(6)(D)(i)(III) (12 U.S.C. tic industry. The Bank shall report to the Com- 635(b)(6)(D)(i)(III)). mittee on Financial Services of the House of MEASURE READ THE FIRST (2) Section 2(b)(6)(H) (12 U.S.C. 635(b)(6)(H)). Representatives and the Committee on Banking, TIME—H.R. 4560 (3) Section 2(b)(6)(I)(i)(II) (12 U.S.C. Housing, and Urban Affairs of the Senate on Mr. REID. Mr. President, it is my un- 635(b)(6)(I)(i)(II)). the implementation of these procedures. derstanding that H.R. 4560 has been re- (4) Section 2(b)(6)(I)(iiii) (12 U.S.C. ‘‘(C) COMMENT PERIOD.—The Bank shall es- ceived from the House and is at the 635(b)(6)(I)(iii)). tablish procedures under which the Bank shall (5) Section 10(g)(1) (12 U.S.C. 635i–3(g)(1)). notify interested parties and provide a comment desk. I ask for its first reading. The PRESIDING OFFICER. The SEC. 18. AUTHORITY TO DENY APPLICATION FOR period with regard to loans or guarantees re- ASSISTANCE BASED ON FRAUD OR viewed pursuant to subparagraph (B).’’. clerk will report the bill by title. CORRUPTION BY THE APPLICANT. SEC. 21. SENSE OF THE CONGRESS RELATING TO The senior assistant bill clerk read as Section 2 of the Export-Import Bank Act of RENEWABLE ENERGY TARGETS. follows: 1945 (12 U.S.C. 635) is amended by adding at the (a) ALLOCATION OF ASSISTANCE AMONG EN- A bill (H.R. 4560) to eliminate the deadlines end the following: ERGY PROJECTS.—It is the sense of the Congress for spectrum auctions of spectrum pre- ‘‘(f) AUTHORITY TO DENY APPLICATION FOR that, of the total amount available to the Ex- viously allocated to television broadcasting. ASSISTANCE BASED ON FRAUD OR CORRUPTION BY port-Import Bank of the United States for the PARTY TO THE TRANSACTION.—In addition to extension of credit for transactions related to Mr. REID. Mr. President, I now ask any other authority of the Bank, the Bank may energy projects, the Bank should, not later than for its second reading and object to my deny an application for assistance with respect the beginning of fiscal year 2006, use— own request. to a transaction if the Bank has substantial (1) not more than 95 percent for transactions The PRESIDING OFFICER. Objec- credible evidence that any party to the trans- related to fossil fuel projects; and tion is heard. action has committed an act of fraud or corrup- (2) not less than 5 percent for transactions re- The bill will receive its second read- tion in connection with a transaction involving lated to renewable energy and energy efficiency ing on the next legislative day. a good or service that is the same as, or substan- projects. tially similar to, a good or service the export of (b) DEFINITION OF RENEWABLE ENERGY.—In f which is the subject of the application.’’. this section, the term ‘‘renewable energy’’ means SEC. 19. CONSIDERATION OF FOREIGN COUNTRY projects related to solar, wind, biomass, fuel ORDERS FOR FRIDAY, MAY 10, 2002 HELPFULNESS IN EFFORTS TO cell, landfill gas, or geothermal energy sources. Mr. REID. Mr. President, I ask unan- ERADICATE TERRORISM. SEC. 22. REQUIREMENT THAT APPLICANTS FOR imous consent that when the Senate Section 2(b)(1) of the Export-Import Bank Act ASSISTANCE DISCLOSE WHETHER completes its business today, it recess of 1945 (12 U.S.C. 635(b)(1)) is further amended THEY HAVE VIOLATED THE FOREIGN by adding at the end the following: CORRUPT PRACTICES ACT; MAINTE- until 10 a.m., Friday, May 10; that fol- ‘‘(L) It is further the policy of the United NANCE OF LIST OF VIOLATORS. lowing the prayer and the pledge, the States that, in considering whether to guar- Section 2(b)(1) of the Export-Import Bank Act time for the two leaders be reserved for antee, insure, or extend credit, or participate in of 1945 (12 U.S.C. 635(b)(1)) is further amended their use later in the day, and the Sen- the extension of credit in connection with the by adding at the end the following: ate be in a period of morning business purchase of any product, technical data, or in- ‘‘(M) The Bank shall require an applicant for until 11 a.m., with Senators permitted formation by a national or agency of any na- assistance from the Bank to disclose whether to speak for up to 10 minutes each, the applicant has been found by a court of the tion, the Bank shall take into account the ex- with the time equally divided between tent to which the nation has been helpful or United States to have violated the Foreign Cor- unhelpful in efforts to eradicate terrorism. The rupt Practices Act, and shall maintain a list of the majority leader and the Republican Bank shall consult with the Department of persons so found to have violated such Act.’’. leader or their designees; further, at 11 State to determine the degreee to which each rel- SEC. 23. SENSE OF THE CONGRESS. a.m., the Senate resume consideration evant nation has been helpful or unhelpful in It is the sense of the Congress that, when con- of the trade bill. efforts to eradicate terrorism.’’. sidering a proposal for assistance for a project The PRESIDING OFFICER. Without SEC. 20. OUTSTANDING ORDERS AND PRELIMI- that is worth $10,000,000 or more, the manage- objection, it is so ordered. NARY INJURY DETERMINATIONS. ment of the Export-Import Bank of the United Section 2(e) of the Export-Import Bank Act of States should have available for review a de- f 1945 (12 U.S.C. 635(e)) is amended— tailed assessment of the potential human rights RECESS UNTIL 10 A.M. TOMORROW (1) in paragraph (2), by striking ‘‘Paragraph impact of the proposed project. (1)’’ and inserting ‘‘Paragraphs (1) and (2)’’; Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, if there is and imous consent that the Senate disagree no further business to come before the (2) by redesignating paragraphs (2) and (3) as Senate, I ask unanimous consent the paragraphs (3) and (4) and by inserting after to the House amendment, agree to the request for a conference on the dis- Senate stand in recess under the pre- paragraph (1) the following: vious order. ‘‘(2) OUTSTANDING ORDERS AND PRELIMINARY agreeing votes of the two Houses, and There being no objection, the Senate, INJURY DETERMINATIONS.— that the Chair be authorized to appoint at 6:28 p.m., recessed until Friday, May ‘‘(A) ORDERS.—The Bank shall not provide conferees on the part of the Senate, any loan or guarantee to an entity for the re- without intervening action or debate. 10, 2002, at 10 a.m. sulting production of substantially the same The PRESIDING OFFICER. Without f product that is the subject of— objection, it is so ordered. ‘‘(i) a countervailing duty or antidumping CONFIRMATIONS order under title VII of the Tariff Act of 1930; or The PRESIDING OFFICER (Mr. ‘‘(ii) a determination under title II of the WELLSTONE) appointed Mr. SARBANES, Executive nominations confirmed by Trade Act of 1974. Mr. DODD, Mr. JOHNSON, Mr. BAYH, Mr. the Senate May 9, 2002: ‘‘(B) AFFIRMATIVE DETERMINATION.—Within GRAMM, Mr. SHELBY, and Mr. HAGEL THE JUDICIARY 60 days after the date of the enactment of this conferees on the part of the Senate. LEONARD E. DAVIS, OF TEXAS, TO BE UNITED STATES Act, the Bank shall establish procedures regard- DISTRICT JUDGE FOR THE EASTERN DISTRICT OF TEXAS. ing loans or guarantees provided to any entity f ANDREW S. HANEN, OF TEXAS, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF that is subject to a preliminary determination of STAR PRINT—S. 2430 TEXAS. a reasonable indication of material injury to an SAMUEL H. MAYS, JR., OF TENNESSEE, TO BE UNITED industry under title VII of the Tariff Act of Mr. REID. Mr. President, I ask unan- STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT imous consent that S. 2430 be star OF TENNESSEE. 1930. The procedures shall help to ensure that THOMAS M. ROSE, OF OHIO, TO BE UNITED STATES DIS- these loans and guarantees are likely to not re- printed with the changes at the desk. TRICT JUDGE FOR THE SOUTHERN DISTRICT OF OHIO. Thursday, May 9, 2002 Daily Digest

HIGHLIGHTS The House passed H.R. 4546, Bob Stump National Defense Authoriza- tion Act for FY 2003. Senate Export-Import Bank Authorization: Senate dis- Chamber Action agreed to the House amendment to S. 1372, to reau- Routine Proceedings, pages S4085–S4184 thorize the Export-Import Bank of the United States, Measures Introduced: Sixteen bills and one resolu- agreed to the House request for a conference, and the tion were introduced, as follows: S. 2487–2502, and Chair was authorized to appoint the following con- ferees on the part of the Senate: Senators Sarbanes, S. Con. Res. 109. Pages S4145–46 Dodd, Johnson, Bayh, Gramm, Shelby, and Hagel. Measures Reported: Pages S4181–84 Report to accompany S. 625, to provide Federal Messages From the President: Senate received the assistance to States and local jurisdictions to pros- following messages from the President of the United ecute hate crimes. (S. Rept. No. 107–147) States during the adjournment of the Senate on May Page S4145 3, 2002: Andean Trade Preference Expansion Act: Senate Transmitting, pursuant to law, a report to restore continued consideration of H.R. 3009, to extend the nondiscriminatory trade treatment (normal trade re- Andean Trade Preference Act, and to grant addi- lations treatment) to the products of Afghanistan; to tional trade benefits under that Act, taking action on the Committee on Finance. (PM–83) Page S4143 the following amendments proposed thereto: Transmitting, pursuant to law, a report relative to Pages S4125, S4137, S4137 two deferrals of budget authority, totaling $2 Bil- Withdrawn: lion; referred jointly, pursuant to the order of Janu- Lott Amendment No. 3399 (to Amendment No. ary 30, 1975 as modified by the order of April 11, 3386), of a perfecting nature with respect to trade 1986; to the Committees on Appropriations; the promotion authority. Page S4125 Budget; and Foreign Relations. (PM–84) Page S4143 Pending: Nominations Confirmed: Senate confirmed the fol- Daschle Amendment No. 3386, in the nature of lowing nominations: a substitute. Page S4125 By unanimous vote of 97 yeas (Vote No. EX. A motion was entered to close further debate on 104), Leonard E. Davis, of Texas, to be United Lott Amendment No. 3399 (to Amendment No. States District Judge for the Eastern District of 3386), listed above. Page S4125 Texas. Pages S4089–S4102, S4184 Subsequently, the cloture motion was withdrawn. By unanimous vote of 97 yeas (Vote No. EX. Page S4125 105), Andrew S. Hanen, of Texas, to be United A unanimous-consent agreement was reached pro- States District Judge for the Southern District of viding for further consideration of the bill at 11 Texas. Pages S4089–S4103, S4184 By unanimous vote of 97 yeas (Vote No. EX. a.m., on Friday, May 10, 2002. Page S4184 106), Samuel H. Mays, Jr., of Tennessee, to be Nominations—Agreement: A unanimous-consent- United States District Judge for the Western Dis- time agreement was reached providing for consider- trict of Tennessee. Pages S4089–S4103, S4184 ation of Paul G. Cassell, to be United States District By unanimous vote of 97 yeas (Vote No. EX. Judge for the District of Utah, at 4 p.m. on Mon- 107), Thomas M. Rose, of Ohio, to be United States day, May 13, 2002, with a vote on confirmation of District Judge for the Southern District of Ohio. the nomination to occur at 6 p.m. Page S4181 Pages S4089–S4103, S4184 D462

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Messages From the House: Page S4143 PUBLIC LANDS AND FORESTS Measures Referred: Page S4143 Committee on Energy and Natural Resources: Sub- Measures Placed on Calendar: Page S4143 committee on Public Lands and Forests concluded hearings on S. 454, to provide permanent funding Measures Read First Time: Page S4143 for the Bureau of Land Management Payment in Executive Communications: Pages S4143–45 Lieu of Taxes program, S. 1139, to direct the Sec- Additional Cosponsors: Pages S4146–47 retary of Agriculture to convey certain land to Land- Statements on Introduced Bills/Resolutions: er County, Nevada, and the Secretary of the Interior Pages S4147–66 to convey certain land to Eureka County, Nevada, for continued use as cemeteries, S. 1325, to ratify an Additional Statements: Pages S4141–43 agreement between the Aleut Corporation and the Amendments Submitted: Pages S4166–80 United States of America to exchange land rights re- Authority for Committees to Meet: Pages S4180–81 ceived under the Alaska Native Claims Settlement Act for certain land interests on Adak Island, S. Record Votes: Four record votes were taken today. 1497/H.R. 2385, to convey certain property to the (Total—107) Pages S4102–03 city of St. George, Utah, in order to provide for the Adjournment: Senate met at 10 a.m., and ad- protection and preservation of certain rare paleon- journed at 6:28 p.m., until 10 a.m., on Friday, May tological resources on that property, S. 1711/H.R. 10, 2002. 1576, to designate the James Peak Wilderness and the James Peak Protection Area in the State of Colo- Committee Meetings rado, and S. 1907, to direct the Secretary of the In- terior to convey certain land to the city of Haines, (Committees not listed did not meet) Oregon, after receiving testimony from Senator AUTHORIZATION—DEFENSE Hatch; Representative Udall; H.T. Johnson, Assist- Committee on Armed Services: Committee continued in ant Secretary of the Navy for Installations and Envi- evening session to mark up proposed legislation au- ronment; Randal Bowman, Special Assistant to the thorizing funds for fiscal year 2003 for military ac- Assistant Secretary for Fish, Wildlife, and Parks, tivities of the Department of Defense. Chris Kearney, Deputy Assistant Secretary for Policy and International Affairs, and Larry Finfer, Assistant BUSINESS MEETING Director for Communications, Bureau of Land Man- Committee on Commerce, Science, and Transportation: agement, all of the Department of the Interior; Glo- Committee met and approved the issuance of a sub- ria Manning, Associate Deputy Chief, National For- poena to compel the testimony of certain witnesses. est System, Forest Service, Department of Agri- NATIONAL MARINE FISHERIES SERVICE culture; and Janet S. Porter, Catron County Office of the Treasurer, Reserve, New Mexico, on behalf of the Committee on Commerce, Science, and Transportation: Sub- committee on Oceans, Atmosphere, and Fisheries National Association of Counties. held oversight hearings to examine management issues at the National Marine Fisheries Services, re- HIGHWAY TRUST FUND ceiving testimony from William T. Hogarth, Assist- Committee on Finance: Committee held hearings to ex- ant Administrator for Fisheries, National Oceanic amine revenue issues related to the Highway Trust and Atmospheric Administration, Department of Fund, including improving projection and tax esti- Commerce; Ray Kammer, Boyd, Maryland, former mation efficiency and accuracy, highway program Deputy Under Secretary of Commerce for the Na- size accommodation, and enhancing tax collection to tional Oceanic and Atmospheric Administration; accommodate a growing program, receiving testi- David Benton, North Pacific Fishery Management mony from Andrew Lyon, Deputy Assistant Secretary Council, Anchorage, Alaska, on behalf of the North of the Treasury for Tax Analysis; JayEtta Z. Hecker, Pacific Research Board; Penelope D. Dalton, Consor- Director, Physical Infrastructure Issues, General Ac- tium for Oceanographic Research and Education, counting Office; and Kim P. Cawley, Chief, Natural Washington, D.C.; Richard E. Gutting, Jr., National and Physical Resources Cost Estimates Unit, Con- Fisheries Institute, Arlington, Virginia; and Suzanne gressional Budget Office. Iudicello, Rapid City, South Dakota. Hearings recessed subject to call. Hearings recessed subject to call.

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CONSOLIDATED STUDENT LOAN of Hawaii, to be United States Circuit Judge for the INTEREST RATES Ninth Circuit, Christopher C. Conner, to be United Committee on Health, Education, Labor, and Pensions: States District Judge for the Middle District of Committee began hearings to examine Federal stu- Pennsylvania, Joy Flowers Conti, to be United States dent aid programs, receiving testimony from Wil- District Judge for the Western District of Pennsyl- liam D. Hansen, Deputy Secretary of Education. vania, and John E. Jones III, to be United States Hearings recessed subject to call. District Judge for the Middle District of Pennsyl- NOMINATION PROCESS vania, after the nominees testified and answered questions in their own behalf. Mr. Clifton was intro- Committee on the Judiciary: Subcommittee on Admin- duced by Senators Inouye and Akaka, Mr. Conner istrative Oversight and the Courts concluded hear- was introduced by Senators Santorum and Specter, ings to examine the federal judicial selection and Ms. Conti was introduced by Senators Santorum and confirmation of nominations process, after receiving Specter, and Representative Hart, and Mr. Jones was testimony from Bonnie J. Campbell, former Counsel to the U.S. Attorney General, and former Attorney introduced by Senators Santorum and Specter, and General of Iowa, and C. Boyden Gray, former White Representative Cox. House Counsel, both of Washington, D.C.; Judge Carlos Bea, California Superior Court, San Francisco; INTELLIGENCE AUTHORIZATION Jorge C. Rangel, Rangel Law Firm, Corpus Christi, Select Committee on Intelligence: On Wednesday, May 8, Texas; Kent Markus, Capital University Law School Committee ordered favorably reported an original Dave Thomas Center for Adoption Law, Columbus, bill to authorize appropriations for fiscal year 2003 Ohio; and Enrique Moreno, Law Offices of Enrique for intelligence and intelligence-related activities of Moreno, El Paso, Texas. the United States Government, the Community NOMINATIONS Management Account, and the Central Intelligence Agency Retirement and Disability System. Committee on the Judiciary: Committee concluded hearings on the nominations of Richard R. Clifton, h House of Representatives quently agreed that the proceedings had during the Chamber Action recess be printed in today’s Congressional Record. Measures Introduced: 26 public bills, H.R. Pages H2237–45 4687–4712; 1 private bill, H.R. 4713; and 2 resolu- Recess: The House recessed at 9:06 a.m. and recon- tions, H. Con. Res. 401 and H. Res. 416, were in- vened at 10:41 a.m. Pages H2237, H2245 troduced. Pages H2354–55 Motions to Adjourn: Rejected the Taylor of Mis- Reports Filed: Reports were filed today as follows: sissippi motions to adjourn by a yea-and-nay vote of H.R. 1462, to require the Secretary of the Interior 44 yeas to 366 nays, Roll No. 134 and by a re- to establish a program to provide assistance through corded vote of 35 ayes to 375 nays, Roll No. 137. States to eligible weed management entities to con- Pages H2248–49, H2264–65 trol or eradicate harmful, nonnative weeds on public and private land, amended (H. Rept. 107–451, Pt. Bob Stump National Defense Authorization Act: 1). Page H2354 The House passed H.R. 4546, to authorize appro- priations for fiscal year 2003 for military activities Guest Chaplain: The prayer was offered by the of the Department of Defense, and for military con- guest Chaplain, Rev. Samuel P. Warner, First Pres- struction, to prescribe military personnel strengths byterian Church of Lumberton, North Carolina. for fiscal year 2003 by a recorded vote of 359 ayes Page H2237 to 58 noes, Roll No. 158. The title was amended so Annual Meeting of the Former Members of Con- as to read: ‘‘A bill to authorize appropriations for fis- gress: Pursuant to the order of the House of Thurs- cal year 2003 for military activities of the Depart- day, May 2, the House recessed to receive former ment of Defense, for military construction, and for Members of Congress in the House Chamber. Subse- defense activities of the Department of Energy, to

VerDate 11-MAY-2000 07:53 May 10, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09MY2.REC pfrm12 PsN: D09MY2 May 9, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D465 prescribe personnel strengths for such fiscal year for Spratt amendment numbered 5, printed in part A the Armed Forces, and for other purposes.’’. of H. Rept. 107–450, as amended by Hunter sub- Pages H2265 (continued next issue) stitute amendment numbered 6, printed in part A of Rejected the Spratt motion that sought to recom- H. Rept. 107–450 that allocates additional funding mit the bill to the Committee on Armed Forces of $65 million for 24 additional PAC–3 missiles and with instructions to report it back to the House additional funding of $70 million for the Israeili forthwith with an amendment that prohibits the use Arrow Ballistic Missile System program to be de- of funds to develop or deploy a nuclear-tipped bal- rived from amounts available to the Missile Defense listic missile interceptor by a recorded vote of 193 Agency; Pages H2349–52 ayes to 223 noes, Roll No. 157. (See next issue.) Goode amendment numbered 8, printed in part A Agreed to the Committee on Armed Services of H. Rept. 107–450, that authorizes the assignment amendment in the nature of a substitute now print- of military personnel to assist the INS and Customs ed in the bill (H. Rept. 107–436) and made in order Service at the request of the Attorney General or the by the rule as an original bill for the purpose of Secretary of the Treasury (agreed to by a recorded amendment. Page H2282 vote of 232 ayes to 183 noes, Roll No. 154); Agreed To: (See next issue.) Stump en bloc amendments numbered 11, 12, 13, Paul amendment numbered 9, printed in part A 14, 16, 17, 18, 19, 20, 22 (Snyder), 23, 24, and 22 of H. Rept. 107–450, that expresses the sense of Congress that no funds should be used to cooperate (Tiahrt) and printed in Part B of H. Rept. 107–450 with or support the International Criminal Court that allows the use of DNA samples maintained by (agreed to by a recorded vote of 264 ayes to 152 DOD for law enforcement purposes; expresses the noes, Roll No. 155); (See next issue.) sense of Congress that no less than 12 Navy aircraft Bereuter amendment numbered 10 printed in Part carriers should be in active service and commends B of H. Rept. 107–450 that authorizes funding for carrier crews; establishes a National Foreign Lan- the National Guard to participate in qualifying ath- guage Skills Registry; extends base contract for letic or small arms competitions (agreed to by a re- Navy-Marine Corps intranet to seven years; renews corded vote of 412 ayes to 2 noes, Roll No. 156); certain procurement technical assistance cooperative and (See next issue.) agreements at funding levels to support existing pro- Smith of New Jersey amendment numbered 21 grams; prohibits Navy procurement of T–5 fuel printed in Part B of H. Rept. 107–450 that estab- tankers unless specifically authorized; conveys assets lishes the Department of Defense-Department of at Fort Monmouth, New Jersey to build or rehabili- Veterans Affairs Health Resources Sharing and Per- tate military housing; requires a report on the con- formance Improvement act to share and coordinate tract award for the lead design agent for the DD(X) resources. (See next issue.) ship program by March 31, 2003; authorizes three Rejected: Navy pilot projects for the acquisition of military Markey amendment numbered 3, printed in part unaccompanied housing; authorizes gifts to the Na- A of H. Rept. 107–450 that sought to prohibit the tional Defense University; authorizes professional research and development of a nuclear earth pene- certification standards for accounting positions; re- trator weapon (rejected by a recorded vote of 172 allocates Air Force Reserve F–16 funding for 36 ayes to 243 noes, Roll No. 141); Pages H2339–43 Litening II modernization upgrade kits; and limits Tierney amendment numbered 4, printed in part future Department of Defense reporting require- A of H. Rept. 107–450 that sought to prohibit any ments to five years; Pages H2328–33 funding for a space-based national missile defense Weldon of Pennsylvania amendment numbered 1, program (rejected by a recorded vote of 159 ayes to printed in part A of H. Rept. 107–450, as modified, 253 noes, Roll No. 145); and Pages H2344–49 that provides a statement of policy with regard to Sanchez amendment numbered 7, printed in part enhanced cooperation between the United States and A of H. Rept. 107–450 that sought to permit abor- Russian Federation to promote mutual security tions at overseas military hospitals (rejected by a re- (agreed to by a recorded vote of 362 ayes to 53 noes, corded vote of 202 ayes to 215 noes, Roll No. 153). Roll No. 142); Pages H2333–38, H2348–49 Pages H2353 (continued next issue) Tauscher amendment numbered 2, printed in part Rejected the Roemer motion to strike all after the A of H. Rept. 107–450 that requires a report on op- enacting clause by voice vote. (See next issue.) tions for achieving, prior to 2012, a level of from Rejected the Taylor of Mississippi motions to rise 1,700 to 2,200 operationally deployed nuclear war- by a recorded vote of 51 ayes to 356 noes, Roll No. heads as outlined in the Nuclear Posture Review; 138, by a recorded vote of 49 ayes to 352 noes, Roll Pages H2338–39 No. 139, by a recorded vote of 51 ayes to 360 noes,

VerDate 11-MAY-2000 07:53 May 10, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D09MY2.REC pfrm12 PsN: D09MY2 D466 CONGRESSIONAL RECORD — DAILY DIGEST May 9, 2002 Roll No. 140, by a recorded vote of 46 ayes to 356 PROTECTION OF LAWFUL COMMERCE IN noes, Roll No. 143, by a recorded vote of 48 ayes ARMS ACT to 356 noes, Roll No. 144, by a recorded vote of 55 Committee on Energy and Commerce: Subcommittee on ayes to 336 noes with 1 voting ‘‘present’’, Roll No. Commerce, Trade, and Consumer Protection ap- 146, by a recorded vote of 55 ayes to 339 noes, Roll proved for full Committee action, as amended, H.R. No. 147, by a recorded vote of 58 ayes to 325 noes 2037, Protection of Lawful Commerce in Arms Act. with 1 voting ‘‘present,’’ Roll No. 148, by a re- corded vote of 75 ayes to 319 noes with 1 voting RECOVERING DICTATORS’ PLUNDER ‘‘present,’’ Roll No. 149, by a recorded vote of 83 Committee on Financial Services: Subcommittee on Fi- ayes to 312 noes, Roll No. 150, by a recorded vote nancial Institutions and Consumer Credit held a of 154 ayes to 249 noes, Roll No. 151, and by a hearing on Recovering Dictators’ Plunder. Testi- recorded vote of 168 ayes to 241 noes, Roll No. mony was heard from public witnesses. 152. Pages H2334, H2337, H2342, H2342–43, H2344–45, H2348, H2350–51, H2352–53 (continued next issue) OVERSIGHT—OFFICE OF WORKERS’ The Clerk was authorized to make technical cor- COMPENSATION MANAGEMENT rections and conforming changes in the engrossment PRACTICES of the bill. (See next issue.) Committee on Government Reform: Subcommittee on The House agreed to H. Res. 415, the rule that Government Efficiency, Financial Management and provided for consideration of the bill by a recorded Intergovernmental Relations held a hearing on vote of 216 ayes to 200 noes, Roll No. 136. Agreed ‘‘Oversight of the Management Practices of the Of- to order the previous question by a yea-and-nay vote fice of Workers’ Compensation: Are the Complaints of 215 yeas to 202 nays, Roll No. 135. Justified?’’ Testimony was heard from the following Pages H2245–48, H2249–64 officials of the GAO: George Stalcup, Director, Stra- Meeting Hour—Tuesday, May 14: Agreed that tegic Issues; and Bernard Unger, Director, Physical when the House adjourns on Friday, May 10, it ad- Infrastructure; the following officials of the Depart- journ to meet at 12:30 p.m. on Tuesday, May 14 for ment of Labor: Shelby Hallmark, Director, Workers’ morning hour debate. (See next issue.) Compensation Program; and Gordon S. Heddell, In- spector General; and the following officials of the Calendar Wednesday: Agreed to dispense with the U.S. Postal Service: Ronald E. Henderson, Manager, Calendar Wednesday business of Wednesday, May Health and Resource Management; and Karla W. 15. (See next issue.) Corcoran, Inspector General. Senate Messages: Message received from the Senate CONSTITUTIONAL AMENDMENT— today appears on page H2245. PROTECTING RIGHTS OF CRIME VICTIMS Quorum Calls Votes: Two yea-and-nay votes and Committee on the Judiciary: Subcommittee on the Con- twenty-three recorded votes developed during the stitution held a hearing on H.J. Res. 91, proposing proceedings of the House today and appear on pages an amendment to the Constitution of the United H2249, H2263–64, H2264, H2264–65, H2334, States to protect the rights of crime victims. Testi- H2337, H2342, H2342–43, H2343, H2345, mony was heard from public witnesses H2348, H2348–49, H2350–51, H2352–53 (contin- ued next issue). There were no quorum calls. MISCELLANEOUS MEASURES Adjournment: The House met at 9 a.m. and ad- Committee on the Judiciary: Subcommittee on Crime, journed at 1:50 a.m. on Friday, May 10. Terrorism, and Homeland Security approved for full Committee action the following bills: H.R. 4623, Committee Meetings amended, Child Obscenity and Pornography Preven- tion Act of 2002; and H.R. 4477, Sex Tourism Pro- SUPPLEMENTAL APPROPRIATIONS hibition Improvement Act of 2002. Committee on Appropriations: Began markup of the Prior to this action, the Subcommittee held a supplemental appropriations for fiscal year 2002. hearing on these measures. Testimony was heard Will continue on May 14. Daniel P. Collins, Associate Deputy Attorney Gen- LABOR, HHS, AND EDUCATION eral, Department of Justice. APPROPRIATIONS FEDERAL BUDGET ESTIMATING— Committee on Appropriations: Subcommittee on Labor, ASSESSING ACCURACY Health and Human Services, and Education contin- Committee on Rules: Subcommittee on Legislation and ued appropriation hearings. Testimony was heard Budget Process continued hearings on ‘‘Assessing the from public witnesses. Accuracy of Federal Budget Estimating,’’ Part II.

VerDate 11-MAY-2000 07:53 May 10, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D09MY2.REC pfrm12 PsN: D09MY2 May 9, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D467 Testimony was heard from Representatives Cox, Stenholm, Matsui and Ryan of Wisconsin; Daniel L. Joint Meetings Crippen, Director, CBO; and R. Glenn Hubbard, WAR ON TERRORISM Chairman, Council of Economic Advisors. Commission on Security and Cooperation in Europe (Hel- sinki Commission): On Wednesday, May 8, Commis- TECHNOLOGY TALENT ACT; NSF sion concluded hearings to examine efforts of the Or- REAUTHORIZATION ganization for Security and Cooperation in Europe Committee on Science: Subcommittee on Research ap- (OSCE) to coordinate counter-terrorism activities proved for full Committee action, as amended, the among its participating States and the level to which following bills: H.R. 3130, Technology Talent Act these States are fulfilling their commitments to co- of 2001; and H.R. 4664, National Science Founda- operate in this endeavor, as well as diplomatic and tion Reauthorization Act of 2002. financial dimensions of the war and the role of the Prior to this action, the Subcommittee held a European Union, after receiving testimony from hearing on H.R. 4664, National Science Foundation James Gurule, Under Secretary of the Treasury for Reauthorization Act of 2002. Testimony was heard Enforcement; Mark F. Wong, Principal Deputy Co- from public witnesses. ordinator for Counter-Terrorism, Department of State; Portuguese Foreign Minister Antonio Martins NASA’S SCIENCE PRIORITIES da Cruz, Chairman-in-Office, OSCE, Lisbon; and Javier Ruperez, Ambassador of Spain to the United Committee on Science: Subcommittee on Space and Aer- States, Madrid. onautics held a hearing on NASA’s Science Prior- ities. Testimony was heard from the following offi- RUSSIAN-CHECHEN WAR cials of NASA: Edward Weiler, Associate Adminis- Commission on Security and Cooperation in Europe (Hel- trator, Space Science; Ghassem Asrar, Associate Ad- sinki Commission): Commission concluded hearings to ministrator, Earth Science; and Mary Kicza, Asso- examine developments in the conflict in Chechnya, ciate Administrator, Biological and Physical Re- after receiving testimony from Steven Pifer, Deputy search. Assistant Secretary of State for European and Eur- asian Affairs; Andrei Babitsky, Radio Liberty, VETERANS’ LEGISLATION Prague, Czechoslovakia Republic; Anatol Lieven, Carnegie Endowment for International Peace, Wash- Committee on Veterans’ Affairs: Ordered reported, as ington, D.C.; and Aset Chadaeva, New York, New amended, the following bills: H.R. 4015, Jobs for York. Veterans Act; H.R. 4085, Veterans’ and Survivors’ Benefits Expansion Act of 2002; H.R. 4514, Vet- f erans Major Medical Facilities Construction Act of COMMITTEE MEETINGS FOR FRIDAY, 2002; H.R. 3253, Department of Veterans Affairs MAY 10, 2002 Emergency Preparedness Research, Education, and (Committee meetings are open unless otherwise indicated) Bio-Terrorism Prevention Act of 2002, and H.R. 4608, to name the Department of Veterans Affairs Senate medical center in Wichita, Kansas, as the ‘‘Robert J. Committee on Indian Affairs: to hold hearings on pro- Dole Department of Veterans Affairs Medical Cen- posed legislation authorizing funds for the implementa- ter.’’ tion of the Personal Responsibility and Work Oppor- tunity Reconciliation Act of 1996, 10 a.m., SR–485. EXTRATERRITORIAL INCOME REGIME House Committee on Ways and Means: Subcommittee on Se- Committee on Government Reform, Subcommittee on Tech- lect Revenue Measures continued hearings on the nology and Procurement, hearing on ‘‘Intellectual Prop- Extraterritorial Income (ETI) Regime. Testimony erty and Government R&D for Homeland Security,’’ 10 was heard from public witnesses. a.m., 2154 Rayburn.

VerDate 11-MAY-2000 07:53 May 10, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D09MY2.REC pfrm12 PsN: D09MY2 D468 CONGRESSIONAL RECORD — DAILY DIGEST May 9, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, May 10 10 a.m., Friday, May 10

Senate Chamber House Chamber Program for Friday: After the transaction of any morn- Program for Friday: Pro forma session. ing business (not to extend beyond 11 a.m.), Senate will continue consideration of H.R. 3009, Andean Trade Pref- erence Expansion Act.

(House proceedings for today will be continued in the next issue of the Record.)

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