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

Vol. 147 WASHINGTON, FRIDAY, JULY 20, 2001 No. 102 House of Representatives The House met at 9 a.m. up House Resolution 204 and ask for its serves credit for holding the line on The Chaplain, the Reverend Daniel P. immediate consideration. this one. Coughlin, offered the following prayer: The Clerk read the resolution, as fol- Our military needs our help. Without O Lord, down through the ages You lows: this bill and without the help from have taught us to seek Your kingdom. H. RES. 204 Congress, our Nation may fall short on In our search we will not lose our way Resolved, That upon adoption of this reso- its promise to provide adequate health if we approach You with the free aban- lution it shall be in order to consider the care for our men and women in uni- don of trust and the sheer delight of a conference report to accompany the bill form. So today we provide more than $1 child. (H.R. 2216) making supplemental appropria- billion for the defense health program. May pride not steel our hearts or ar- tions for the fiscal year ending September 30, At the same time, we are providing rogance distort our vision so that we 2001, and for other purposes. All points of more than $6 billion, largely to help order against the conference report and our military maintain its facilities and would go after things far beyond us. against its consideration are waived. The Rather, give peace to the soul of this conference report shall be considered as its topnotch training and equipment, Nation and the Members of this House. read. and we are helping the military deal Free us from any restlessness in silence The SPEAKER. The gentlewoman with the energy crisis, they have a problem with that like the rest of us that we may listen more deeply to from North Carolina (Mrs. MYRICK) is do, by providing $735 million just to Your word in human hearts. recognized for 1 hour. As a child takes rest in the wrapped Mrs. MYRICK. Mr. Speaker, for pur- deal with rising energy costs in the arms of a parent, may our trust in You, poses of debate only, I yield the cus- daily routine they have. We are not only taking care of the Lord, be full-weighted and lasting. tomary 30 minutes to the gentleman emergency needs of our military, O America, hope in the Lord both from Texas (Mr. FROST), pending which though. Several communities in the now and forever. I yield myself such time as I may con- Midwest have recently been devastated Amen. sume. During consideration of the reso- by floods and tornadoes, so we are giv- f lution, all time yielded is for purposes ing the Army Corps of Engineers THE JOURNAL of debate only. money to mitigate the damages from Yesterday, the Committee on Rules The SPEAKER. The Chair has exam- these natural disasters. met and granted a normal conference We are also helping low-income fami- ined the Journal of the last day’s pro- report rule for H.R. 2216, the fiscal year ceedings and announces to the House lies deal with high heating costs by 2001 Emergency Supplemental Appro- adding money to the LIHEAP program. his approval thereof. priations Act. The rule waives all Pursuant to clause 1, rule I, the Jour- That is the program that helps them points of order against the conference nal stands approved. with their energy bills. And we are giv- report and against its consideration. f ing the IRS additional resources so The rule also provides that the con- they can mail out the tax rebate PLEDGE OF ALLEGIANCE ference report shall be considered as checks this summer. I know everybody The SPEAKER. Will the gentleman read. is going to be glad to hear that. Mr. Speaker, this should not be a from Texas (Mr. FROST) come forward I urge my colleagues to support this and lead the House in the Pledge of Al- controversial rule. It is the type of rule normal conference report rule, and to legiance. that we grant for almost every con- support the underlying bill. This legis- Mr. FROST led the Pledge of Alle- ference report. Meanwhile, the under- lation is a strong step forward as we giance as follows: lying bill provides vital relief to our work to care for our military personnel Nation’s Armed Forces, and aid to I pledge allegiance to the Flag of the and to take care of all of those who are United States of America, and to the Repub- areas that have been devastated by hurting at home. lic for which it stands, one nation under God, natural disasters. It does all this with- Mr. Speaker, I reserve the balance of indivisible, with liberty and justice for all. out busting the budget caps by desig- my time. f nating pet projects as emergency Mr. FROST. Mr. Speaker, I yield my- spending. self such time as I may consume. CONFERENCE REPORT ON H.R. 2216, I cannot remember the last time we Mr. Speaker, in this bill, I think it is 2001 SUPPLEMENTAL APPROPRIA- passed an emergency supplemental bill appropriate to paraphrase the promise TIONS ACT through this House without resorting of the President and the Vice President Mrs. MYRICK. Mr. Speaker, by direc- to the ‘‘emergency spending’’ gimmick to our military and say that some help tion of the Committee on Rules, I call that we use, and the administration de- is on the way.

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.

H4355

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VerDate 11-MAY-2000 01:12 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A20JY7.000 pfrm04 PsN: H20PT1 H4356 CONGRESSIONAL RECORD — HOUSE July 20, 2001 Mr. Speaker, this is a good con- I believe it is time we provide real counterparts in the Senate did as well, ference agreement as far as it goes, help to the military, so that our dedi- and this conference report stays within since it provides $5.6 billion for the ur- cated personnel do not have to live in the $6.5 billion. gent needs of our Armed Forces. But substandard housing and they do not Most of the money is actually for na- frankly, Mr. Speaker, the administra- have to cannibalize equipment in order tional defense. The bill includes $5.6 tion is remiss for not requesting even to make something work. But we can- billion to address urgent defense needs more funds early in its term so that not do that if this Congress does not that include rising fuel costs, military the Congress might truly ensure that own up to what we have done by pass- health care programs, readiness and help is on the way. ing a $1.3 trillion tax cut. operation requirements, substandard I do have to take just a moment to That tax cut has already cost either housing for our troops, and disaster as- point out that this conference agree- the military, our education programs, sistance for damage sustained at mili- ment provides $735 million to address our energy assistance, or whatever pro- tary installations. the Pentagon’s rising energy costs. gram we want to name, $116 million. I would like to echo what my friend This allocation is critical, but it also And for what? That is what it costs to from Texas said during the discussion points to the fact that rising energy send out the letters saying that the on the rule; that this is more or less a costs hit home all over the country, check is in the mail, and then to send band-aid on our real needs. And I want and can in fact endanger our national the check in the mail. There is money to emphasize housing and quality of security. in this bill to cover those costs. life. There are so many needs in mili- That is true even here in Wash- Mr. Speaker, I urge Members to sup- tary housing that we should be ington, D.C. It is so true that part of port this rule and to support this sup- ashamed of the way we make some of the help that is on the way in this bill plemental appropriation for fiscal year our military personnel live. Some of is most likely going to the Vice Presi- 2001. We do need to send help, but we the facilities that they live in are just dent to help him pay his own rising en- could have done more. totally unacceptable. This bill takes a ergy bills at his residence. Mr. Speaker, I urge adoption of the little step towards correcting that This conference agreement contains rule, and I yield back the balance of problem, but we have a lot more to do a desperately needed additional $300 my time. and a long way to go. We were, how- million for LIHEAP for the remainder Mrs. MYRICK. Mr. Speaker, I yield ever, constrained to stay within the of the fiscal year to help those con- back the balance of my time, and I $6.5 billion and so we did that. I would also add that while this is a sumers who are facing power cutoffs move the previous question on the res- supplemental, there are no emergency because they have been unable to pay olution. designations. We did not declare any- for soaring energy costs. I am very The previous question was ordered. thing an emergency as a way to get happy to support that additional fund- The resolution was agreed to. over and above the $6.5 billion, so there ing, since I have cosponsored legisla- A motion to reconsider was laid on are no emergency declarations in this tion to increase the funding available the table. bill. for this most valuable program. Mr. YOUNG of Florida. Mr. Speaker, In addition to the funds for the mili- But it seems strange to me that the pursuant to House Resolution 204, I tary that I mentioned briefly we in- Vice President, who has been telling call up the conference report on the cluded an additional $92 million for the Californians to bite the bullet when it bill (H.R. 2216) making supplemental Coast Guard operational requirements. comes to their own soaring energy appropriations for the fiscal year end- The Coast Guard has been falling be- electricity costs, has to go begging to ing September 30, 2001, and for other hind in their infrastructure, and they the United States Navy to bail him out purposes. do such a tremendous job. When the of his own $186,000 electrical bill. The Clerk read the title of the bill. Coast Guard goes out for a search and So some help is indeed on the way. It The SPEAKER pro tempore (Mr. rescue, or when they go out for port se- is on the way in the form of additional HANSEN). Pursuant to House Resolu- curity, or drug interdiction, or the funds for readiness and operations re- tion 204, the conference report is con- many, many risky missions they take quirements for the military, to im- sidered as having been read. on, they sometimes are going with prove substandard housing, and to (For conference report and state- equipment that is not up to date. They avoid disruptions in military health ment, see proceedings of the House of also have a spare parts problem and care. It is also on the way for thou- Thursday, July 19, 2001, at page H4281). they have an operational expense prob- sands of Americans who need help pay- The SPEAKER pro tempore. The gen- lem that we tried to address in this bill ing their energy bills. tleman from Florida (Mr. YOUNG) and too. But like the other military uni- I am also encouraged that some help the gentleman from Wisconsin (Mr. formed services, the Coast Guard needs may be on the way to the people of OBEY) each will control 30 minutes. more money than this bill provides. It Houston, who suffered enormous losses The Chair recognizes the gentleman does provide, however, $92 million. after Allison hit in June. from Florida (Mr. YOUNG). There is $300 million funded for nat- When the House first considered this GENERAL LEAVE ural disaster assistance, including re- supplemental, the Committee on Ap- Mr. YOUNG of Florida. Mr. Speaker, lief to communities that were im- propriations had included rescissions in I ask unanimous consent that all Mem- pacted by recent floods and ice storms FEMA’s budget, an action many in this bers have 5 legislative days in which to in Illinois, Iowa, Minnesota, Wisconsin, body simply could not understand. I revise and extend their remarks on the New Mexico, Oklahoma, Texas, and the am happy to report the conference conference report to accompany H.R. Seattle earthquake, and for other nat- committee has eliminated those rescis- 2216, and that I may include tabular ural disasters. sions so there will be some funding and extraneous material. The President, in his supplemental available in the near term to help fam- The SPEAKER pro tempore. Is there request, asked for $150 million for the ilies and businesses get back on their objection to the request of the gen- Low Income Home and Energy Assist- feet. But, of course, this bill does not tleman from Florida? ance Program, LIHEAP, a program include the money that was being There was no objection. that is strongly supported by the Con- sought on an emergency basis specifi- gress. This bill includes $300 million, b 0915 cally for Houston, and we will deal double the amount requested by the with that in a later appropriation bill Mr. YOUNG of Florida. Mr. Speaker, President, and bringing the program to in the next week or two. I yield myself such time as I may con- the highest level in history. Mr. Speaker, I support this con- sume. An additional $100 million is provided ference agreement, but it is high time Actually, Mr. Speaker, during the for international bilateral assistance that this body faces up to the fact that discussion on the rule we had a pretty for HIV–AIDS through the child sur- there are pressing needs that must be good description of what this bill does. vival and disease program, and $161 addressed in this country, and we have But let me say first that we started out million is provided to implement last squandered the resources we need to do with a ceiling of $6.5 billion. We stayed year’s conference agreement on title I, it. within that number in the House, our education for the disadvantaged.

VerDate 11-MAY-2000 00:16 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.003 pfrm04 PsN: H20PT1 July 20, 2001 CONGRESSIONAL RECORD — HOUSE H4357 Mr. Speaker, I urge all of our col- need to expedite consideration of this Mr. Speaker, I thank my colleagues leagues to support this conference re- bill here and in the other body to get it for listening attentively, and I submit port. It is very timely. Our military to the President. for the RECORD a chart reflecting the services have already spent well into There is available a one-page table amounts allocated in the supple- their fourth quarter funding because of that lists most of the items that are in- mental. the rising fuel costs and the additional cluded in this bill, and that is available medical care expenses, and so we really for any Member who would like it.

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VerDate 11-MAY-2000 00:39 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.005 pfrm04 PsN: H20PT1 H4364 CONGRESSIONAL RECORD — HOUSE July 20, 2001 Mr. Speaker, I reserve the balance of viously appropriated funds to deal with So, in short, this bill has some short- my time. that problem. I welcome the fact that comings, but I think it is good that the Mr. OBEY. Mr. Speaker, I yield my- the Congress essentially decided in the committee moved as fast as it did to self 8 minutes. end to restore that money, but I do be- finish action on it. I think that we will Mr. Speaker, this is certainly a far lieve that there are still other needs to have broad support on both sides of the better bill than we had when it left the be met. aisle. I would urge support of the bill. House, and it is certainly a far more And I think it needs to be clearly un- Mr. Speaker, I reserve the balance of honest bill than was the case when it derstood this FEMA budget is adequate my time. left the House. only so long as Mother Nature sus- Mr. YOUNG of Florida. Mr. Speaker, The House will recall that at the pends her normal course of events in I yield such time as he may consume to time of going to conference we asked producing heavy storms over the sum- the gentleman from California (Mr. the House to consider doing three mer period. If we have one more storm, LEWIS), who is chairman of the Sub- things in our motion to instruct. The this budget will clearly be inadequate. committee on Defense of the Com- first was to ask the House to drop the And I think the administration knows mittee on Appropriations. rescission of $389 million in previously it, and I believe that the majority in Mr. LEWIS of California. Mr. Speak- appropriated disaster money for this House knows it. er, it is not my intention to take any FEMA. The majority at that time de- I would also point out that the state significant amount of time, for the clined to support that motion. But this of military readiness that will be en- work that has been done by our very conference, in fact, did adopt that posi- abled by this bill is what is required to fine staff on both sides of the aisle has tion, and I think that was the correct meet world conditions provided that expedited this process. position to take. nothing significant happens in the I really wanted to rise for just a cou- We also asked the House at that time world between now and the end of the ple of reasons. First, to bring to the at- to provide additional funding for the fiscal year. If it does, we are going to tention of our ranking member, the victims of radiation related sickness, need additional funding mighty quick. gentleman from Wisconsin (Mr. OBEY), because many of them were in fact the And lastly, I think it is also clear that the last time we were here on the victims of the conduct of their own that if we have the usual round of for- floor with this bill he was suffering government. This is an important issue est fires in the west, that this bill will from laryngitis and it helped us a lot in out west. And while, again, the major- be clearly inadequate. I hope that we expediting the process. I want to con- ity did not support the motion to re- get lucky, but I am not convinced that gratulate him on the progress he has commit, we are happy that in the end we will. made between now and then. they did provide a recognition that I am also pleased that the bill did But I really also wanted to point out these people are entitled to this com- provide clarifying authority to make one other item to him, and that is that pensation, and I am happy that the certain that the Department of Agri- it was not so long ago that it was my matter was addressed in conference. culture understands that they do have privilege to be chairman of the sub- We also asked in that motion that the authority to provide reimburse- committee that deals with FEMA fund- the House support direct funding to en- ment to the various private groups who ing, and the gentleman may recall that able the Department of Agriculture to are helping to carry out the global food this Member certainly did not stand by deal with the twin threats of foot and initiative. and allow too much rescission of FEMA mouth disease and mad cow disease. I also must say, going back to the funding. Indeed, the challenges of The conferees there did provide $5 mil- FEMA issue, I find this bill on this sub- emergencies across the country are an lion of direct funding and they pro- ject somewhat disingenuous. The ad- item that I recognize very clearly. vided support for $30 million in indirect ministration, in my judgment, fully From there, I believe the work of the funding. So I think on those three recognizes that this account is prob- committee, relative to the amount of items certainly this bill is a much bet- ably short. Certainly the FEMA agency money in the bill reflecting the prob- ter bill than we had when the bill first itself, in their conversations with me, lem of the caps we are dealing with in left the House. have indicated that they expect that in this budget process, is as far as we can I should make some other points. the end they will probably need at go. This bill will have broad bipartisan least $.5 billion more, and perhaps as I am very, very pleased with the ex- support, but there are certainly a num- much as $1 billion more. pression of concern on both sides of the ber of other areas where this bill And I would say that I found inter- aisle about the need for more adequate should have acted but chose not to. esting the St. Paul conversion on the funding for our national security. In- I also wish that this bill had been road to Damascus of the distinguished deed, bear with me, for as we move to- passed faster. Certainly the commit- majority whip. As my colleagues will wards September, I am certain we are tees in both Houses moved the bill as recall, he, on three occasions, insisted going to be able to have a very healthy quickly as they got it, but the adminis- that we support the rescission of the discussion about just how far we should tration chose to withhold their request funds for FEMA. We welcome the fact go in connection with making sure the of these funds until after the tax bill that he has walked away from that po- troops are taken care of and we are was passed. And in my view, one of the sition, to the extent that now he is rec- prepared for whatever emergencies reasons they did that was to hide from ognizing that there is probably going might be out there. the House’s view the implications of to be a need for $1.3 billion in addi- that tax bill for some of the critical tional funds for FEMA. items in this bill. And I think some of The strangeness in this whole episode b 0930 the inadequacies in this bill were pur- is demonstrated by the fact that while Mr. OBEY. Mr. Speaker, I yield 3 posely withheld from the House until the administration has said in public minutes to the gentleman from North after the tax bill was passed so that comment, in newspapers, that we prob- Carolina (Mr. PRICE). people’s views of those inadequacies ably will need more money, they have Mr. PRICE of North Carolina. Mr. would not get in the way of passing the declined to ask for that money. This Speaker, I want to thank the chairman kind of tax bill the administration committee has made quite clear, at and the ranking member for their ef- wanted. least the Democratic majority in the forts to bring the conference report be- I should also say that there are a other body has made quite clear, and fore us in a bipartisan manner which number of areas where the bill, I think, we have made quite clear on our side of will provide supplemental appropria- should have been improved. In the area the aisle in this House that we would tions to the Department of Defense and of emergency disaster assistance, for be willing to provide that money if the address other critical needs we face in instance, we have had some very severe administration asks for it. But I guess this country. storms all across the country, espe- we will have to play Russian roulette a I am particularly glad to see that the cially in the Midwest. It was strange, I while longer before the administration conference report does not include any thought, that this Congress originally decides what it is actually going to do rescissions in FEMA’s disaster relief tried to eliminate $389 million in pre- for the remainder of the year. account.

VerDate 11-MAY-2000 00:16 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.006 pfrm04 PsN: H20PT1 July 20, 2001 CONGRESSIONAL RECORD — HOUSE H4365 Included in the supplemental is $5 specified administrative costs incurred Mr. OBEY. Mr. Speaker, I yield 1 million for the Department of Agri- by the implementing of private vol- minute to the gentleman from Texas culture’s Animal Plant Health Inspec- untary organizations and agencies. (Mr. BENTSEN). tion Service to guard against the Allocation of this funding should (Mr. BENTSEN asked and was given threat of foreign animal disease, in- help resolve difficulties that have in- permission to revise and extend his re- cluding foot and mouth disease and terrupted the implementation of this marks.) mad cow disease. I have expressed seri- pilot program since its inception. It Mr. BENTSEN. Mr. Speaker, I rise in ous concerns about this issue as have will also ensure that this program strong support of the conference re- other Members about the devastating truly has an American face in the field. port. I want to thank the chairman and impact that these diseases would have This action sends a clear signal to the ranking member for agreeing to on American agriculture should any the Secretary of Agriculture that the the Senate position and the adminis- outbreak occur in this country. Congress believes the Global Food For tration position with respect to FEMA Because of the concentration of live- Education program is important and and not going forward with the rescis- stock in my home State of North Caro- that Congress wants to see the Global sion. These moneys are greatly needed lina, a foot and mouth disease out- Food for Education pilot program done in my district and throughout the break would be an incredible catas- right. Congress cannot evaluate the ef- greater Houston area and in 29 other trophe. An outbreak in eastern North fectiveness of a program unless it has counties in Texas. I think we are going Carolina could require the destruction been implemented well from the very to need more money before the fiscal of 2.8 million hogs within a mere 20 beginning. The Congress has now dem- year is over. I think the committee mile radius. That number is greater onstrated it is willing to help facilitate stands ready to deal with that. I just than the amount of animals killed in the success of the program. want to commend the chairman and the entire country of England. As many of my colleagues know, the the ranking member for the hard work My State has worked hard and con- gentlewoman from Missouri (Mrs. they did on that. tinues to be vigilant to prepare for an EMERSON) and I have introduced legis- Mr. OBEY. Mr. Speaker, I yield back emergency and, most importantly, pre- lation, H.R. 1700, to establish the Glob- the balance of my time. Mr. YOUNG of Florida. Mr. Speaker, vent an outbreak before it occurs. al Food for Education program as a Five million dollars was not the permanent program. Over 70 Members I yield myself the balance of my time. I would like to take just a few min- amount that the USDA requested, nor of this House have joined us in this bi- utes to thank all of those who were was it the amount that experts in the partisan effort. This conference report players in reaching the point that we ensures that the pilot program can now field felt was adequate. Frankly, I am are at today. While it appears this proceed along a more constructive and disappointed that the full $35 million ended up as a fairly noncontroversial productive course. requested for APHIS for this effort was bill, it was not easy to get here. There Mr. Speaker, I want to thank the not agreed to. But now the decision has were a lot of differences between the gentleman from Florida (Mr. YOUNG), been made, and we must count on the House and the Senate when we initi- the gentleman from Wisconsin (Mr. USDA to muster all the resources we ated the conference. We had a tremen- OBEY), the gentlewoman from Ohio can to bolster animal inspections at dous spirit of cooperation. I want to (Ms. KAPTUR), and all the other con- U.S. borders and ports, to hire addi- thank the gentleman from Wisconsin ferees and staff who worked to make tional veterinarians for animal health (Mr. OBEY) personally, for working so assessments, and to control an out- these funds available. I believe they closely with us as we reached agree- break should it occur. have made an important contribution ment on the many issues that were The conferees have indicated that to alleviating hunger and increasing outstanding and all of the representa- they expect the Secretary of Agri- education opportunities for millions of tives of the chairmen and ranking culture to use funds from the Com- the world’s neediest children. members of the subcommittees that Mr. OBEY. Mr. Speaker, I yield 1 modity Credit Corporation not only to were involved in the issues. deal with an emergency after it occurs, minute to the gentleman from Utah Mr. Speaker, when we have regular but also to work now to prevent the (Mr. MATHESON). appropriations bills on the floor, often threat of foreign animal disease. Mr. MATHESON. Mr. Speaker, I times we hear comments about the tre- I just hope they know what they are thank the gentleman from Wisconsin mendous work of the staff and the doing down at USDA because we can- (Mr. OBEY) for his good work on the mention of the subcommittee staffers, not afford to wait until a foot and supplemental. I just wanted to stand but I want to take just a few seconds mouth outbreak hits to do something. up and say how pleased I am that the this morning to say we have a tremen- The cost would be much more than the supplemental does include an effort to dous front office staff, too, managed by $30 million this bill does not include. compensate folks that have been vic- Jim Dyer, the clerk of the committee; Mr. OBEY. Mr. Speaker, I yield 2 tims of radiation exposure. Dale Oak, who is here at the table; minutes to the gentleman from Massa- Years ago Congress admitted that John Blazey, Therese McAuliffe and chusetts (Mr. MCGOVERN). there was fault and admitted we need John Scofield who are also here in the Mr. MCGOVERN. Mr. Speaker, I to compensate victims. Yet we have Chamber; and Mr. OBEY’s staff, Scott thank the gentleman from Wisconsin not put up the money. There are people Lilly. We all worked together with our (Mr. OBEY) for yielding me this time in my region of the country that have counterparts in the Senate and ended and for his great work on this con- letters from the Government right up with a very good, noncontroversial ference report. now, IOUs saying, ‘‘Well, yeah, you de- product. I rise in support of the conference re- serve compensation, but we don’t have As other Members have said, this port. I am especially grateful to and I the money.’’ We have come up now does not solve all the problems. It is want to commend the work of the con- with some money. I am a little dis- not intended to do that. This is a sup- ferees for including additional funds appointed that of the $84 million we plemental. The regular bills are al- from the Commodity Credit Corpora- were looking for, only $20 million is in ready moving through the House and tion for the President’s Global Food for this supplemental and now we have got additional bills will be up next week. Education Initiative, a program in- to do something about next year’s We will have concluded nine bills plus spired and promoted by former Sen- budget as well to accommodate that, the supplemental in the House before ators George McGovern and Bob Dole, but it is a step in the right direction. we adjourn for the August recess. and a program that can ultimately end We are going to keep fighting for this. Again, it shows what we can do when hunger amongst the world’s children. We want to make sure that the people we work together in a bipartisan way. These additional funds will allow for who were inappropriately exposed to We do have differences, but we work the internal transportation and storage harm, and the government has admit- them out. I am very proud of the way of commodities, moving them closer to ted culpability, we are going to make that the House has functioned on this the actual sites of use and distribution sure those people are adequately com- supplemental. for these very important school feeding pensated. I am pleased that this supple- Mrs. MINK of Hawaii. Mr. Speaker, I rise to programs. The funds will also cover mental takes a step in that direction. comment on a provision in the Supplemental

VerDate 11-MAY-2000 00:16 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K20JY7.011 pfrm04 PsN: H20PT1 H4366 CONGRESSIONAL RECORD — HOUSE July 20, 2001

Appropriations bill passed by the Senate FY ’01 BSP FY ’01 BSP for acquisition of additional containers for ship- State FY 2000 Watts’ Difference BSP 1 Current Law 2 which constitutes legislation in an appropria- Amendment 3 ping wastes to the Waste Isolation Pilot Plant. tions bill. The change affects the allocation of These are important for Colorado, because New Hampshire 7,249 7,950 7,928 22 our ability to have the Rocky Flats site Impact Aid funding for this current fiscal year New Jersey ...... 12,791,440 15,144,224 15,127,908 16,316 and affects funding levels for virtually all New Mexico ...... 68,342,295 71,266,984 71,227,854 39,130 cleaned up and closed by 2006 depends on New York ...... 11,425,469 15,921,466 15,901,552 19,914 the ability of other sites in the complex to play school districts receiving Impact Aid funds North Carolina .. 8,200,211 11,013,626 10,983,096 30,530 under the Basic payments program, with the North Dakota .... 16,106,955 24,320,620 24,337,479 (16,858) their roles in that process. So, I was—and re- Ohio ...... 2,737,631 2,938,412 2,930,267 8,145 main—very appreciative that the appropria- vast majority losing funds. Changing the for- Oklahoma ...... 23,070,837 28,226,650 28,613,721 (387,071) mula in an appropriations bill in the middle of Oregon ...... 2,355,978 2,614,186 2,606,939 7,247 tions committee has responded to these Pennsylvania ..... 1,295,274 1,298,454 1,294,855 3,599 needs. Similarly, the House bill’s additional the current fiscal year, wherein school districts Puerto Rico ...... 1,228,440 1,254,809 1,251,330 3,478 lose funds that they have been depending on Rhode Island .... 2,477,030 2,594,638 2,587,445 7,192 $300 million for low-income home energy as- South Carolina .. 2,827,810 3,200,759 3,191,887 8,873 sistance will enable that important program to is contrary to good legislative policy. South Dakota .... 26,176,631 34,695,348 34,734,158 (38,809) Currently, school districts with less than Tennessee ...... 1,201,003 1,954,128 1,948,712 5,417 provide much needed assistance this year, 1,000 children, and a per-pupil expenditure of Texas ...... 33,439,494 62,696,858 62,718,452 (21,594) even if it will not meet all needs. Utah ...... 6,494,785 6,753,207 6,734,487 18,720 less than the State average are guaranteed at Vermont ...... 3,800 5,289 5,274 15 But for me all the good things in the bill least a 40% Learning Opportunity Threshold Virgin Island ..... 208,525 353,231 352,252 979 were outweighed by one glaring omission—the Virginia ...... 25,861,650 34,692,646 34,596,478 96,169 (LOT) payment. The change being considered Washington ...... 31,756,879 42,196,708 42,137,496 59,212 total absence of any funds to pay already-ap- by the conferees would modify the eligibility West Virginia .... 10,435 11,328 11,297 31 proved claims under the Radiation Exposure Wisconsin ...... 9,274,626 9,591,319 9,580,628 10,691 for the LOT payment by allowing school dis- Wyoming ...... 7,486,643 7,835,190 7,833,170 2,020 Compensation Act, or ‘‘RECA.’’ tricts with less than 1,000 students to receive 1 $737.2 ($732.6 out) 116.3% LOT. RECA provides for payments to individuals a guaranteed LOT payment if their average 2 $882 ($867,668 out) 113.27% LOT. who contracted certain cancers and other seri- per-pupil expenditure is below the State aver- 3 882 ($867.668 out) 112.96% LOT. ous diseases because of exposure to radiation age or below the National average. This in- Ms. HOOLEY of Oregon. Mr. Speaker, I in- released during above-ground nuclear weap- creases the LOT payments. tend to support this legislation. In particular, I ons tests or as a result of their exposure to ra- This formula change causes most districts am extremely pleased the conferees have in- diation during employment in underground across the nation that receive Impact Aid pay- cluded $20 million in emergency assistance to uranium mines. Some of my constituents are ments under the Basic payments program to farmers in the Klamath River Basin in Oregon covered by RECA, as are hundreds of other lose funds. Hawaii school districts would re- and Northern California. Coloradans and residents of New Mexico and ceive almost $100,000 less than they would The farmers and communities in this area other states. have under the current formula. This would have been devastated by one of the most se- Last year, the Congress amended RECA to have a significant impact on school districts vere droughts to ever hit the Pacific North- cover more people and to make other impor- everywhere that have been counting on these west. While the federal government doesn’t tant modifications. I supported those changes. funds since last year. To change the formula have any control over the weather, at the very But there was one needed change that was now, with only a few months left in the fiscal least we should provide emergency aid to al- not made—we did not make the payments year, undermines these districts’ plans and leviate the situation. automatic. Unless and until we make that shortchanges schools that rely heavily on That said, one of the more troubling aspects change, the RECA payments can only be these funds. of this legislation is that among the $1.8 billion made when Congress appropriates money for The House agreed to this change for future in spending offsets the conferees have agreed that purpose. funds when it passed H.R. 1 earlier this year. to take away $178 million from dislocated And the undeniable fact is that we in the I do not object to that change, only that it is worker-training funds. Congress have not appropriated enough be unfair to implement it in this year’s funding With layoffs and unemployment increasingly money to pay everyone who is entitled to be cycle. in headlines across the United States—and paid under RECA. As a result, people who The only way to allow for the formula rising electricity costs threatening to further should be getting checks are instead getting change for this fiscal year so as not to hurt swell the ranks of dislocated workers—the de- letters from the Justice Department. other school districts was to come up with the cision to slash available funding to dislocated Those letters—IOUs, you could call them— additional funds needed to cover the cost of workers just doesn’t make any sense. say that payments must await further appro- this change in formula so as to hold harmless The underlying intent of block grants are to priations. What they mean is that we in the the funding for all other schools. Regrettably give states flexibility in how they spend federal Congress have failed to meet a solemn obliga- this Conference Report does not come up with funds. Crisis don’t happen overnight, and it is tion. We failed to meet it when we passed the these additional funds. It states that in this unrealistic to expect states to expend or obli- regular appropriations bill for the Justice De- years’ up coming appropriations bill these gate all of their funds upon the beginning of partment—and as the bill passed the House losses will be offset with added funds. the program year. In fact, Congress recog- originally, it again failed to meet that obliga- The attached chart shows the state-by-state nized this in the Workforce Investment Act, tion. loss of Impact Aid funds. which explicitly gives individual states three So, I am very glad that the conference re- years to expend their unobligated funds—the port provides for $84 million for paying these FY ’01 BSP first year they are appropriated and the two State FY 2000 FY ’01 BSP Watts’ Difference claims. I understand that the way that has BSP 1 Current Law 2 Amendment 3 subsequent years. been scored could mean that not all that As such, I bitterly oppose the decision to Alaska ...... $89,910,004 $89,164,106 $89,091,978 $72,128 amount will be paid before October. I hope Alabama ...... 2,463,310 2,867,836 2,859,886 7,950 take funding away from Oregon and other that the Administration will do all that is need- Arizona ...... 118,953,121 126,519,738 126,631,354 (111,616) states before they have had the chance to Arkansas ...... 467,185 525,947 524,489 1,458 ed to assure that payments are made as soon California ...... 53,253,103 56,643,590 56,631,465 12,124 fully implement their employment programs. as possible, because these people have al- Colorado ...... 6,911,529 7,874,176 7,852,348 21,827 Currently, I am working with my colleagues Connecticut ...... 6,970,709 7,257,766 7,237,647 20,119 ready waited too long as it is. District of Co- Representative MIKE CAPUANO from Massa- Of course, this conference report is only a lumbia ...... 898,704 1,547,479 1,543,189 4,290 chusetts and Representative JACK QUINN from Delaware ...... 21,415 35,412 35,314 98 stopgap resolution of the bigger problem with Florida ...... 7,462,980 9,164,756 9,246,586 (81,830) New York to ensure that the Workforce Invest- RECA. We need to do more. Georgia ...... 6,625,676 16,028,092 16,016,290 11,803 ment Act receives it’s full funding in fiscal year Hawaii ...... 33,398,384 34,749,647 34,653,320 96,237 We should change the law so that future Idaho ...... 5,138,122 5,508,286 5,503,007 5,208 2002, and invite every member of the House RECA payments will not depend on annual Illinois ...... 10,036,315 14,264,487 14,259,181 5,306 to join us. Indiana ...... 133,848 140,077 139,689 388 appropriations, but instead will be paid auto- Iowa ...... 143,159 146,814 146,407 407 Mr. UDALL of Colorado. Mr. Speaker, I will matically in the way that we now have pro- Kansas ...... 11,629,843 15,315,708 15,294,768 20,940 support this conference report, because while Kentucky ...... 243,553 375,238 374,198 1,040 vided for payments under the new compensa- Louisiana ...... 5,336,508 5,728,938 5,713,057 15,881 it is not perfect it is a great improvement over tion program for certain nuclear-weapons Maine ...... 2,092,788 2,273,531 2,270,098 3,432 the bill as originally passed by the House last Maryland ...... 5,434,946 6,122,534 6,105,562 16,972 workers made sick by exposure to radiation, Massachusetts .. 1,081,084 1,138,697 1,135,540 3,156 month. beryllium, and other hazards. I have joined in Michigan ...... 2,512,546 2,808,050 2,800,266 7,784 The House bill did include some very good Minnesota ...... 7,606,571 8,028,552 8,019,561 8,991 sponsoring legislation to make that change. Mississippi ...... 2,990,457 3,229,289 3,262,750 (33,461) things. It provided for an additional $100 mil- But, meanwhile, I urge approval of the con- Missouri ...... 8,705,957 12,524,943 12,517,645 7,298 lion for essential environmental restoration and Montana ...... 33,901,638 35,431,225 35,431,866 (641) ference report. Nebraska ...... 10,226,476 17,977,713 17,976,810 903 waste management at Savannah River, Han- Mr. YOUNG of Florida. Mr. Speaker, I Nevada ...... 3,297,577 3,687,859 3,677,636 10,223 ford, and other sites in the DOE complex and yield back the balance of my time.

VerDate 11-MAY-2000 00:16 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A20JY7.006 pfrm04 PsN: H20PT1 July 20, 2001 CONGRESSIONAL RECORD — HOUSE H4367 The SPEAKER pro tempore (Mr. Napolitano Rogers (KY) Sweeney LEGISLATIVE PROGRAM Neal Rogers (MI) Tanner HANSEN). Without objection, the pre- Nethercutt Rohrabacher Tauscher (Mr. BONIOR asked and was given vious question is ordered on the con- Ney Ros-Lehtinen Tauzin permission to address the House for 1 ference report. Northup Ross Taylor (MS) minute and to revise and extend his re- There was no objection. Norwood Rothman Taylor (NC) Nussle Roukema Terry marks.) The SPEAKER pro tempore. The Obey Roybal-Allard Thompson (CA) Mr. BONIOR. Mr. Speaker, I rise for question is on the conference report. Olver Rush Thompson (MS) the purpose of inquiring of the gen- Pursuant to clause 10 of rule XX, the Ortiz Ryan (WI) Thornberry Osborne Ryun (KS) Thune tleman from Texas (Mr. ARMEY), the yeas and nays are ordered. Ose Sabo Thurman majority leader, the schedule for the The vote was taken by electronic de- Otter Sanchez Tiahrt remainder of the week and for next vice, and there were—yeas 375, nays 30, Owens Sandlin Tiberi week. not voting 28, as follows: Oxley Sawyer Tierney Pallone Saxton Toomey Mr. ARMEY. Mr. Speaker, will the [Roll No. 256] Pascrell Scarborough Towns gentleman yield? YEAS—375 Pastor Schakowsky Turner Mr. BONIOR. I yield to the gen- Payne Schiff Udall (CO) tleman from Texas. Abercrombie DeGette Issa Pelosi Schrock Udall (NM) Ackerman Delahunt Jackson (IL) Pence Scott Velazquez Mr. ARMEY. Mr. Speaker, I am Aderholt DeLauro Jackson-Lee Peterson (MN) Serrano Visclosky pleased to announce that the House has Akin DeMint (TX) Peterson (PA) Sessions Vitter completed its legislative business for Allen Deutsch Jefferson Phelps Shaw Walden the week. Andrews Diaz-Balart Jenkins Pickering Sherman Walsh Baca Dicks John Pitts Sherwood Wamp The House will meet for legislative Bachus Dingell Johnson (CT) Platts Shimkus Waters business on Monday, July 23, at 12:30 Baird Doggett Johnson (IL) Pombo Shows Watkins (OK) p.m. for morning hour and 2 o’clock Baker Dooley Johnson, E.B. Pomeroy Shuster Watson (CA) Baldacci Doolittle Johnson, Sam Portman Simmons Watt (NC) p.m. for legislative business. The House Baldwin Doyle Jones (NC) Price (NC) Simpson Watts (OK) will consider a number of measures Ballenger Dunn Jones (OH) Pryce (OH) Skeen Waxman under suspension of the rules, a list of Barr Edwards Kanjorski Putnam Slaughter Weiner which will be distributed to Members’ Bartlett Emerson Kaptur Quinn Smith (NJ) Weldon (PA) Bass English Keller Radanovich Smith (TX) Weller offices later today. On Monday, no re- Becerra Eshoo Kelly Rahall Smith (WA) Wexler corded votes are expected before 6 Bentsen Etheridge Kennedy (MN) Ramstad Snyder Whitfield Bereuter Evans Kennedy (RI) o’clock p.m. Rangel Solis Wicker On Tuesday and the balance of the Berkley Everett Kerns Regula Souder Wilson Berman Farr Kildee Rehberg Spratt Wolf week, the House will consider the fol- Berry Ferguson Kilpatrick Reyes Stearns Woolsey lowing measures: We will complete Biggert Fletcher King (NY) Reynolds Stenholm Wu consideration of H.R. 2506, the Foreign Bilirakis Foley Kingston Riley Strickland Wynn Bishop Forbes Kirk Rivers Stump Young (FL) Operations Appropriations Act; H.J. Blagojevich Ford Knollenberg Rodriguez Sununu Res. 55, concerning trade relations with Blunt Fossella Kolbe respect to Vietnam; the Treasury and Boehlert Frelinghuysen LaFalce NAYS—30 Boehner Frost LaHood Postal Appropriations Act; and the Pa- Bonilla Gallegly Lampson Armey Hoekstra Schaffer tients’ Bill of Rights. And, Mr. Speak- Bonior Ganske Langevin Barrett Kind (WI) Sensenbrenner er, we will also complete work on Vet- Bono Gekas Lantos Barton Kleczka Shadegg Borski Gephardt Largent Chabot Kucinich Shays erans Affairs, Housing, Urban Develop- Boswell Gibbons Larsen (WA) Conyers Lee Smith (MI) ment and Independent Agencies Appro- Boucher Gilchrest Larson (CT) DeFazio Paul Stark priations Act. Duncan Petri Stupak Boyd Gillmor Latham Members should understand that this Brady (PA) Gilman LaTourette Ehlers Roemer Tancredo Brady (TX) Gonzalez Leach Flake Royce Upton is going to be another busy week, and Brown (OH) Goode Levin Frank Sanders Weldon (FL) we should expect some late evenings Brown (SC) Goodlatte Lewis (CA) NOT VOTING—28 next week. Bryant Goss Lewis (KY) Mr. Speaker, I thank the gentleman Burr Graham Linder Barcia Filner Miller (FL) Buyer Granger LoBiondo Blumenauer Gordon Moore for yielding. Callahan Green (TX) Lofgren Brown (FL) Graves Oberstar Mr. BONIOR. Mr. Speaker, I might Calvert Green (WI) Lowey Burton Hulshof Skelton ask my colleague, when does he expect Camp Greenwood Lucas (OK) Crane Istook Spence the Patients’ Bill of Rights bill to Cannon Grucci Luther DeLay Lewis (GA) Thomas Cantor Gutierrez Maloney (CT) Dreier Lipinski Traficant come up next week? Capito Gutknecht Maloney (NY) Ehrlich Lucas (KY) Young (AK) Mr. ARMEY. Mr. Speaker, if the gen- Capps Hall (OH) Manzullo Engel McCrery tleman will yield, I thank the gen- Capuano Hall (TX) Markey Fattah McKinney Cardin Hansen Mascara tleman for the inquiry. I would expect Carson (IN) Harman Matheson us to see that bill on the floor on Carson (OK) Hart Matsui b 1010 Thursday of next week, probably late Castle Hastings (FL) McCarthy (MO) in the day. Chambliss Hastings (WA) McCarthy (NY) Mr. STARK and Mr. KUCINICH Clay Hayes McCollum changed their vote from ‘‘yea’’ to Mr. BONIOR. Mr. Speaker, how about Clayton Hayworth McDermott ‘‘nay.’’ the energy bill? When can we expect to Clement Hefley McGovern see the energy bill? Clyburn Herger McHugh So the conference report was agreed Mr. ARMEY. Mr. Speaker, if the gen- Coble Hill McInnis to. Collins Hilleary McIntyre tleman will again yield, I think the Combest Hilliard McKeon The result of the vote was announced committees have completed their work Condit Hinchey McNulty as above recorded. on that. We will probably work with Cooksey Hinojosa Meehan Costello Hobson Meek (FL) A motion to reconsider was laid on the Committee on Rules and the other Cox Hoeffel Meeks (NY) the table. committees on that, and we would ex- Coyne Holden Menendez Stated for: pect it the week following next. Cramer Holt Mica Mr. BONIOR. Mr. Speaker, is Fast Crenshaw Honda Millender- Mr. BURTON of Indiana. Mr. Speaker, on Track coming up before the recess, and Crowley Hooley McDonald July 20, 2001, due to a family commitment, I Cubin Horn Miller, Gary does the gentleman expect a markup in Culberson Hostettler Miller, George was unavailable for rollcall vote No. 256. Had the Committee on Ways and Means Cummings Houghton Mink I been here I would have voted ‘‘aye.’’ Cunningham Hoyer Mollohan next week on Fast Track? Davis (CA) Hunter Moran (KS) Stated against: Mr. ARMEY. Mr. Speaker, if the gen- Davis (FL) Hutchinson Moran (VA) Mr. FILNER. Mr. Speaker, on rollcall No. tleman will continue to yield, I do ex- Davis (IL) Hyde Morella 256, I was carrying out official duties in my pect that markup to take place; and we Davis, Jo Ann Inslee Murtha Davis, Tom Isakson Myrick District and missed this vote. Had I been do anticipate that being on the floor Deal Israel Nadler present, I would have voted ‘‘nay.’’ before we retire for the August recess.

VerDate 11-MAY-2000 00:16 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.013 pfrm04 PsN: H20PT1 H4368 CONGRESSIONAL RECORD — HOUSE July 20, 2001 Mr. BONIOR. Finally, I would ask my Actually, she avoided the glare of ce- who have gone without, because none colleague from Texas if he has any lebrity status so often, but her listed of these rights mean a thing if one does plans, or if the leadership has dis- charitable works, particularly in the not have health insurance. cussed, bringing up the railroad retire- realms of education and of the arts, I want to help the 43 million unin- ment bill to the floor. As the gen- helping to build a student center at sured Americans, primarily small-busi- tleman may recall, it had very strong Gallaudet University, giving an FM ness owners, their families, their em- bipartisan support in the previous Con- radio station to Howard University, ployees, their loved ones, help them gress. helping to fund an auditorium for the join the ranks of the insured. The goal Mr. ARMEY. Mr. Speaker, I thank Freer Gallery, establishing day care of a patients’ bill of rights should be to the gentleman for asking, and I thank centers in otherwise neglected parts of help these people. These are the people the gentleman for continuing to yield. the District of Columbia, and strongly who need access to affordable health Mr. Speaker, the Railroad Retire- supporting the Shakespeare Theater, care. ment Act that the gentleman from and the arts, to name just a few, is One good way to do that is to expand Michigan asked about is important leg- long and impressive. the Medical Savings Accounts, or islation; and we have had extensive dis- She proved, first by her actions and MSAs. Medical Savings Accounts help cussions about it in our leadership then in her own words, that a woman people get the care they need from the meetings and in our planning meetings. could be a mother, a leader of industry, doctor they choose. While I am confident that we will have a friend, a philanthropist, and an art- The GOP House bill, the Fletcher this bill under consideration before we ist, and all at the same time. bill, is the only bill that totally opens complete our work for the year, we Quite simply, Katharine Graham up Medical Savings Accounts. Vote to have no immediate plans for its sched- made The Washington Post what it is increase the number of insured. Vote ule. today: a wildly successful business and for our bill. It is the right thing to do. Mr. BONIOR. Mr. Speaker, I thank a powerful check on those of us in gov- f the gentleman. ernment. Her leadership enabled Kay SPECIAL ORDERS f Graham to evolve into the woman, the philanthropist, the patriot, the pio- The SPEAKER pro tempore (Mr. ADJOURNMENT TO MONDAY, JULY neer, whom we honor today. HANSEN). Under the Speaker’s an- 23, 2001 Her legacy remains, but Washington nounced policy of January 3, 2001, and Mr. ARMEY. Mr. Speaker, I ask will not be the same without Kay under a previous order of the House, unanimous consent that when the Graham the person. She will be sorely the following Members will be recog- House adjourns today, it adjourn to missed. nized for 5 minutes each. meet at 12:30 p.m. on Monday next for f f morning hour debates. The SPEAKER pro tempore. Under a The SPEAKER pro tempore (Mr. AMERICA NEEDS A BALANCED AP- previous order of the House, the gen- HANSEN). Is there objection to the re- PROACH TO ENERGY DEVELOP- tleman from New Jersey (Mr. PALLONE) quest of the gentleman from Texas? MENT, INCLUDING SEEKING AL- is recognized for 5 minutes. There was no objection. TERNATIVE ENERGY SOURCES (Mr. PALLONE addressed the House. (Mr. BARTLETT of Maryland asked f His remarks will appear hereafter in and was given permission to address the Extensions of Remarks.) DISPENSING WITH CALENDAR the House for 1 minute and to revise WEDNESDAY BUSINESS ON and extend his remarks.) f WEDNESDAY NEXT Mr. BARTLETT of Maryland. Mr. The SPEAKER pro tempore. Under a Mr. ARMEY. Mr. Speaker, I ask Speaker, the United States has about 2 previous order of the House, the gentle- unanimous consent that the business percent of the known reserves of oil in woman from Maryland (Mrs. MORELLA) in order under the Calendar Wednesday the world. We use 25 percent of the is recognized for 5 minutes. rule be dispensed with on Wednesday world’s oil, and we now import 56 per- (Mrs. MORELLA addressed the next. cent of the oil that we use. This is up House. Her remarks will appear here- The SPEAKER pro tempore. Is there from 34 percent that we imported at after in the Extensions of Remarks.) objection to the request of the gen- the time of the Arab oil embargo. f tleman from Texas? Since 1970, except for a short blip FAST TRACK LEGISLATION There was no objection. produced by Prudhoe Bay, every year SHOULD BE DEFEATED IN CON- in the United States we have found less f GRESS AGAIN THIS YEAR oil and pumped less oil. ON THE DEATH OF FORMER WASH- Mr. Speaker, it does not make good The SPEAKER pro tempore. Under a INGTON POST PUBLISHER KATH- sense to me that if we have only 2 per- previous order of the House, the gen- ARINE GRAHAM cent of the known reserves of oil in the tleman from Ohio (Mr. BROWN) is rec- (Mrs. MORELLA asked and was given world, that we should rush out and find ognized for 5 minutes. permission to address the House for 1 it and pump it. If we were able to do Mr. BROWN of Ohio. Mr. Speaker, on minute and to revise and extend her re- that tomorrow, what would we do the June 13 of this year, a bill was intro- marks.) day after tomorrow? duced that would give President Bush Mrs. MORELLA. Mr. Speaker, the Mr. Speaker, we need a balanced ap- fast track authority essentially to ex- city of Washington, the Nation, and proach, which means we need to rely tend the North American Free Trade the people around the world who appre- very heavily on alternatives, and we Agreement, NAFTA, to all of Latin ciate an independent and vigorous free need to start moving in that direction. America. press lost a true pioneer this week f Supporters of fast track argue that when Katharine Graham, former pub- the U.S. is being left behind. They tell lisher of The Washington Post, died at VOTE FOR EXPANSION OF MED- us we need fast track to increase Amer- age 84. ICAL SAVINGS ACCOUNTS TO ican exports and to create new jobs for Much has been said over the past 3 HELP THE WORKING UNINSURED American workers. Yet, our history of days in praise of Katharine Graham. It (Mr. SAM JOHNSON of Texas asked flawed trade agreements has led to a is appropriate that we in Congress and was given permission to address trade deficit with the rest of the world honor her passing, as well. But just as the House for 1 minute and to revise that has surged to $369 billion a year. her legacy remains evident in the pages and extend his remarks.) The Department of Labor recently of the newspaper she dedicated her life Mr. SAM JOHNSON of Texas. Mr. reported a very conservative estimate to, her mark will long stand in the cor- Speaker, with all this talk about a pa- that NAFTA alone has been responsible ridors of Congress and in the neighbor- tients’ bill of rights, the most impor- for the loss of more than 300,000 jobs. hoods of the District of Columbia, her tant thing we should talk about, I Other estimates have shown NAFTA beloved hometown. think, is the working uninsured, those job losses at upwards of 1 million jobs.

VerDate 11-MAY-2000 00:19 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.015 pfrm04 PsN: H20PT1 July 20, 2001 CONGRESSIONAL RECORD — HOUSE H4369 While our trade agreements go to BIRTHDAY OF A CUBAN HERO sured by the regime to leave the island, great lengths to protect investors and The SPEAKER pro tempore. Under a something that he refuses to do. to protect property rights, these agree- previous order of the House, the gen- Before being sentenced at his farcical ments do not typically include enforce- tleman from Florida (Mr. DIAZ- trial, Dr. Biscet asked all Cubans, able provisions to protect workers, ei- BALART) is recognized for 5 minutes. those living in the oppression on the is- ther in the United States or around the Mr. DIAZ-BALART. Mr. Speaker, land and those in exile, and all others world. Yet, the Bush administration today is the 40th birthday of a brave throughout the world who support free- would employ the same human rights activist and pro-democ- dom for Cuba, to unite in prayer for corporatecentric process that has re- racy leader, Dr. Oscar Elias Biscet, who the freedom of all political prisoners sulted in tried agreements like at this moment finds himself serving a and of all the Cuban people. From his NAFTA. prison sentence in a Cuban gulag for cell, he has remained firm in his prin- In the global marketplace, labor and peacefully protesting for democracy in ciples and has asked the international environmental concerns in the devel- Cuba, after being taken before a farce community to demand justice for the oping world are never on the list of cor- of a trial in Havana on February 25 of people of Cuba. porate priorities. CEOs of multi- last year. It is most appropriate that as we national corporations tell us that al- Dr. Biscet was born in Havana on send our message of solidarity to Dr. lowing globalization will stimulate de- July 20, 1961. In 1985, he obtained a de- Biscet today on his birthday, we com- velopment and allow nations to im- gree in medicine, and late in that dec- mit ourselves to working with all devo- prove their labor and environmental ade he began to openly oppose the to- tion and dedication so that freedom- records. They say interaction with the talitarian regime that oppresses the loving individuals like Dr. Biscet do developing world will spread democ- Cuban people. not have to spend their precious lives racy. In 1997, Dr. Biscet was one of the in the isolation and inhuman condi- But as we engage with developing founders of the Lawton Foundation for tions of totalitarian dungeons. countries in trade and investment, Human Rights, a humanitarian organi- There is a program that has been set democratic countries of the developing zation created to demand fundamental up to try to help Cuban political pris- world are losing grounds to those with human rights from the Cuban totali- oners by having families in the United more authoritarian regimes. Demo- tarian regime. States adopt, if you will, the family of cratic nations such as India are losing In February of 1998, Dr. Biscet was of- a Cuban political prisoner for at least a out to more totalitarian governments ficially expelled from the Cuban health year. such as China. Democratic nations system and he was prohibited from A well-known pro-democracy activ- such as Taiwan lose out to authori- practicing medicine. That same year, ist, Vicki Ruiz-Labrit, is coordinating tarian regimes such as Indonesia, he and his family were thrown out of the program. They have a phone num- where profits come before any kind of their home, and his wife was fired from ber. We all should help. It is 305–461– environmental regulations or human her employment due to her pro-human 6700. We should all help by adopting the rights. rights activities. Both of them, in fact, family of a Cuban political prisoner, In manufacturing goods, for example, were forced to depend on the charity of and in that way, helping the most suf- developing democracies’ share of devel- their friends and of those who wished fering, those who suffer the most in the oping country exports fell 22 percent- to see Cuba free. totalitarian island just a few miles age points, from 57 percent to 35 per- On October 28, 1999, Dr. Biscet held a from our shores. cent. Corporations relocate their man- press conference before the Ibero- Dr. Biscet, on your birthday, inside ufacturing bases to countries with American Summit began in Havana. your prison cell I know that you can- more authoritarian regimes where even During the press conference, along not now hear my words, but I salute the most minimal labor, environment, with other pro-democracy activists, Dr. you and express my profound admira- and human rights standards do not Biscet announced that they would tion for you, and through you, for all exist. carry out a march calling for the re- Cuban political prisoners. Western corporations want to invest lease of all political prisoners and for f in countries that have poor environ- the respect of the human rights of the mental standards, have below-poverty Cuban people. ANNOUNCEMENT BY THE SPEAKER wages, have no labor rights, and no op- During the press conference, two PRO TEMPORE portunities to bargain collectively. As Cuban flags were exhibited upside down The SPEAKER pro tempore. The American investment moves abroad, as a symbol of protest for the innumer- Chair must remind all Members that American working families lose out. able human rights violations that the remarks in debate should be addressed Now President Bush says he will be regime commits continuously. to the Chair and not to others. asking for fast track authority that On November 3 of 1999, just a few puts corporate interests before working days later, Dr. Biscet was arrested and f American families. Future trade deals taken to a dungeon known as ‘‘Cien y b 1030 with a take-it-or-leave-it approach Aldabo’’, where he was thrown into a FEMA FUNDING would only add to the long line of ill- cell with common criminals for the al- conceived trade policies. leged crimes of ‘‘abuse of national sym- The SPEAKER pro tempore (Mr. Flawed trade policies cost American bols, public disorder, and inciting de- KERNS). Under a previous order of the jobs, put downward pressure on U.S. linquency.’’ House, the gentlewoman from Texas wages and U.S. working conditions, Dr. Biscet represents the noblest as- (Ms. JACKSON-LEE) is recognized for 5 and erode the ability of governments to pirations of the Cuban people. His ef- minutes. protect public health and protect the forts as founder and leader of the Ms. JACKSON-LEE of Texas. Mr. environment. Lawton Foundation for Human Rights Speaker, just a few minutes ago we In 1998, under the leadership of pro- have won him the respect and admira- voted on the emergency supplemental gressive Members of this body, fast tion of human rights activists through- appropriations; and I voted yes, partly track was defeated in Congress over- out the world, and have inspired many of course to acknowledge the fact that whelmingly, 243 to 180. Fast track to continue the struggle for freedom in the debate we had a couple of weeks should be defeated in Congress again Cuba. ago had been vindicated. That debate this year. More and more Members of The Castro tyranny, fearful of the ef- was over whether or not FEMA was Congress are joining the ranks calling fectiveness of Dr. Biscet’s message, has running out of money or whether or for trade agreements that respond to arrested him more than two dozen not they could stand a $329 million cut the social ramifications of a global times in the last few years. It has fired in their budget. economy. him from his job, along with his fam- Recognizing the diversity in topog- We need to press for a U.S. trade pol- ily, thrown him out of his house, he has raphy of this Nation and the weather of icy, Mr. Speaker, that is good for been subjected to psychiatric examina- this Nation, we realize that those of us American families. tions, and has been constantly pres- in the southern region are now in the

VerDate 11-MAY-2000 01:13 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.021 pfrm04 PsN: H20PT1 H4370 CONGRESSIONAL RECORD — HOUSE July 20, 2001 hurricane season, from the month of ing to work with those who have been Starnes was taken from us after strug- June through at least September or Oc- devastated not only physically and gling 27 days to recover from infections tober. Throughout the Nation, because property-wise but also psychologically. caused by four gunshot wounds. of the differences in weather and, of I was appalled that we would stand His death has brought the course, the potential of global warm- on the floor of the House and actually Martinsville community to its knees. ing, we have had erratic weather ac- debate cutting FEMA. My under- Because of the dedication and the cour- tivities. standing is that we are trying to sub- age of men and women in law enforce- We, in Houston, a couple of weeks mit additional dollars into the VA– ment, like Sergeant Starnes, all too ago, experienced that with Tropical HUD bill for FEMA. And that is not often we take for granted our family’s Storm Allison with the fall of 36 inches only for Houston, Texas, but may be safety and the safety of our police offi- of rain that fell in our area in a 24-hour for other disasters that we certainly do cers. It is through their commitment period. That caused an enormous not wish for but may happen. But the to serve and protect us that we have amount of damage, some 5,000 homes dilemma is the administration has not peace of mind and a sense of security. damaged, water to the roof levels of seen fit, along with FEMA, to stand up We must also always remember that many of our residential areas, and a and request the dollars, to work with behind the badge is a human being. whole litany of damage that was not us in Congress to acknowledge that Sergeant Starnes was more than just a expected. their funds are depleted. model law enforcement officer, he was For example, we noted that the med- I recall very vividly when we were on a husband and a father and a friend to ical center, one of the prized medical the floor debating and arguing against so many, and his loss weighs heavy on centers of this Nation, suffered about cutting FEMA that I had an amend- us all. $2 billion in damage, and that number ment to add those monies back in, and Over this past weekend, thousands of is growing. In touring that site, we saw we were then being told that FEMA law enforcement officers from across the enormous impact in research, in had $1 billion in its account. Twenty- Indiana and our great Nation turned hospital beds, in emergency facilities four hours after that debate, we were out to honor Sergeant Starnes. And that were lost. told that, in actuality, they only had while his death has shocked people in Additionally, in the 18th Congres- $178 million and, in fact, even 24 hours Morgan County and throughout Indi- sional District, which I represent, St. later maybe that would be gone. We in ana, it has also brought the commu- Joseph’s Hospital, which is a pivotal Texas had to request that our match- nity together in an outpouring of sup- hospital in the downtown community, ing dollars be lessened to 10 percent port and love for the Starnes family the downtown business community, and that FEMA would pay up to 90 per- and those in law enforcement who put with thousands and thousands of em- cent. their lives on the line each day. ployees, lost its level-three emergency We are now in the midst of trying to During the funeral procession center, which is still not open. In a rebuild lives. In fact, our local commu- through town, people lined the streets tour that I took this last week, 154 pa- nity agencies have come together to with either their head bowed, their tient beds were lost, as was their kitch- give washing machines and refrig- hand over their heart, or flying an en facilities, able to serve not only pa- erators and other necessities. In addi- American flag to pay respect. During tients but employees, and, as I indi- tion, I have been able to secure match- such a difficult time, it was uplifting cated, not only their emergency trau- ing monies totaling $4 million from one to know that the community cared and ma unit, which leaves the downtown of our utility companies, Reliant, to be demonstrated its respect for Sergeant business community without a nearby able to add dollars for people who have Starnes and his fellow officers. trauma unit for emergency purposes, been displaced because of the damage, Today, our thoughts and prayers are but also research and other laboratory and also compounded by the enormous with the Starnes family, the Morgan facilities. Gone. heat that we face in Houston. County Sheriff’s Department, and the In addition to the medical centers of This is time now, Mr. Speaker, for us entire Morgan County community for St. Joseph Hospital, we have found to gather together, to take the smoke their loss. While words alone may not that the academic institutions, which and mirrors away, to stand on the floor console Sergeant Starnes’ family and are about to start to be opened, and the of the House and work for the monies friends, I hope that the knowledge that secondary schools in our public school for FEMA, but as well for the adminis- he is now with Our Father in heaven systems, have been damaged. And, in tration to be able to stand up and re- gives us some comfort and gives them addition, major damage has confronted quest these dollars so that all America comfort as well. our universities. can be protected in the time of dis- During times like these, it is only I toured the University of Houston. aster. natural to ask why, why do we have to At that time they thought their dam- f lose such an outstanding person and an age was about $100 million. Now it is officer? While I cannot begin to answer rising to $250 million, and insurance is MESSAGE FROM THE SENATE such questions, I can only say that I way under $100 million. In looking at A message from the Senate by Mr. find collective strength in my faith, that damage, I noted precious re- Monahan, one of its clerks, announced and I pray that God grants the Starnes sources, such as books, research facili- that the Senate has passed a bill of the family and their friends both comfort ties, school classrooms, equipment, and following title in which the concur- and strength during this time of teacher offices were damaged. rence of the House is requested. mourning. Texas Southern University, which is S. 180. An act to facilitate famine relief ef- f about to begin its mitigation process, forts and a comprehensive solution to the likewise has an enormous amount of war in Sudan. DEBT RELIEF damage in their law library as well as f The SPEAKER pro tempore. Under a the various buildings that have been previous order of the House, the gentle- PAYING RESPECT TO SERGEANT impacted by the damage, mostly in the woman from California (Ms. WATERS) is basement levels. STARNES recognized for 5 minutes. Mr. Speaker, I raise these issues be- The SPEAKER pro tempore (Mr. Ms. WATERS. Mr. Speaker, this com- cause I think it would be foolish for WOLF). Under a previous order of the ing weekend, from July 20 to July 22, this House to debate and play around House, the gentleman from Indiana President George W. Bush will be meet- with the needs of the American citi- (Mr. KERNS) is recognized for 5 min- ing with the heads of government at zens. Houston may not be the only utes. the G–8 Summit in Genoa, Italy, to dis- place that will suffer some sort of Mr. KERNS. Mr. Speaker, last week- cuss international economic issues. I weather damage and some sort of ca- end, we laid to rest an officer killed in urge the President to support the com- tastrophe that warrants the interven- the line of duty in Martinsville, Indi- plete cancellation of the debts that the tion of FEMA. Right now, my district ana. Today, I come to the floor of the world’s poorest countries owe the has a number of FEMA representatives House to pay respect to this brave offi- International Monetary Fund and the and offices around the community try- cer, Sergeant Daniel Starnes. Sergeant World Bank.

VerDate 11-MAY-2000 00:19 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.023 pfrm04 PsN: H20PT1 July 20, 2001 CONGRESSIONAL RECORD — HOUSE H4371 The Enhanced Heavily Indebted Poor I urge President Bush and the world tem, including, sadly, a couple of Mem- Countries Initiative, referred to as leaders who attend the G–8 summit to bers of the House and Senate who are HIPC, was developed in 1999 to provide tell the IMF and the World Bank to ostensibly Democrats for more than a debt relief to the world’s poorest coun- completely cancel 100 percent of the quarter of a century. They are doing tries. The HIPC Initiative requires debts of the world’s most impoverished the work of Wall Street. countries to invest the savings from countries once and for all. Wall Street cannot wait to mandate debt relief in HIV–AIDS treatment and f that individuals put money into indi- prevention, health care, education, and vidual accounts. When they can charge poverty reduction programs. ELECTION REFORM 250 million people a little bit of money Unfortunately, the IMF and the (Ms. WATSON of California asked to maintain accounts, they make tens World Bank have not provided their and was given permission to address of billions of dollars. Guess where the fair share of debt relief. While the the House for 1 minute and to revise tens of billions of dollars comes from? United States agreed to cancel 100 per- and extend her remarks.) It comes from future benefits that peo- cent of the debts owed by poor coun- Ms. WATSON of California. Mr. ple would have realized under the cur- tries, the IMF and the World Bank Speaker, it has now been almost 9 rent system. have agreed to reduce these countries’ months since the election fiasco of the This document is extraordinary in debts by less than half. As a result, the year 2000, and for 9 months America’s that it echoes Treasury Secretary countries that have begun to receive leaders have talked about election re- O’Neill. It says that the United States debt relief have seen their debt pay- form, but little has been done. government might not honor the tril- ments reduced by an average of only 27 This week yet another report was re- lions of dollars of obligations it has in percent. Most of these countries are leased detailing the breakdown of our special bonds to the Social Security still spending more money on debt pay- voting process in America. A joint Trust Fund. They are saying the crisis ments than they are on health care. study by CalTech and MIT found that 4 starts the day Social Security has to Zambia provides an excellent illus- to 6 million Americans lost their right begin drawing on the funds, the savings tration of what is wrong with the ap- to vote because of outdated or faulty we have put aside for our retirement. proach of the IMF and the World Bank. voting equipment and a flawed process. The Bush administration is ques- Zambia is a deeply impoverished coun- This might come as a shock to some tioning whether the full faith and cred- try with a per capita income of only people, but it should not. Last week it of the United States government will $330. The infant mortality rate exceeds my colleagues and I on the House Com- be delivered on those debts, those obli- 1 percent of live births, and 27 percent mittee on Government Reform released gations. If that is true, everybody of Zambian children under 5 are mal- another study detailing the same prob- around the world and across the United nourished. Zambia has also been rav- lem. Too many Americans are forced to States better begin cashing in their aged by the HIV–AIDS pandemic. Al- use outdated or faulty voting equip- Treasury bonds. If the United States most 10 percent of the population is in- Treasury in 2016 under the leadership fected with the AIDS virus and 650,000 ment and too many of these faulty ma- chines are concentrated in the commu- of President Bush and Secretary children have been orphaned by AIDS. O’Neill does not put the full faith and AIDS has also ravaged the edu- nities of the poor and minority voters. credit of our government behind those cational system by causing a shortage Mr. Speaker, we have had 9 months depository instruments, money that of trained teachers. Yet Zambia’s debt of study, 9 months of research, 9 we, the working people, have paid into payments have actually increased fol- months of reports. Now the American lowing the receipt of debt relief. More- people want and deserve action. Mr. the Treasury for our retirement, then over, Zambia spends more than twice Speaker, please make election reform we are in bigger trouble than I as much money on debt payments as it the number one priority of this House thought. Mr. Speaker, this is an unbelievable does on health care. in time to make real lasting changes How can the International Monetary before next year’s election. distortion of the facts. There is a sim- ple solution to the Social Security Fund tell countries like Zambia to use f savings from debt relief for poverty re- problem, but we will not hear it from BRINGING SOCIAL SECURITY INTO this administration or Secretary duction when the IMF knows there is THE 21ST CENTURY no savings? O’Neill who is worth hundreds of mil- On April 26, 2001, I introduced H.R. The SPEAKER pro tempore (Mr. lions of dollars, or President Bush who 1642, the Debt Cancellation for the New KERNS). Under a previous order of the is worth tens of millions of dollars, be- Millennium Act. This bill would re- House, the gentleman from Oregon (Mr. cause it would require that they pay quire the IMF and the World Bank to DEFAZIO) is recognized for 5 minutes. the same amount as every other Amer- provide complete cancellation of 100 Mr. DEFAZIO. Mr. Speaker, today ican. They would rather talk about de- percent of the debts owed to them by the scare tactics began. A year ago faulting on the obligations of the Fed- all 32 impoverished countries that are today we had in hand a Social Security eral Treasury to honor Social Security expected to qualify for the HIPC Initia- Trustees’ report that was actually kind Trust Funds than talk about the easi- tive. The bill would also allow three of optimistic. Things were looking up est way to solve this problem: Make additional impoverished countries, for the system. The day in which it every American pay the same amount Bangladesh Haiti, and Nigeria, to par- would not be able to pay 100 percent of of Social Security tax on every dollar ticipate in the HIPC Initiative. Fur- benefits was put off until the year 2039. they earn. They consider that a radical thermore, the bill would prohibit the That is, Social Security had in hand, proposal. imposition of user fees for education under conservative estimates, enough If that one simple step were taken, if and health services and other struc- money from our taxes, from the taxes we lifted that cap, if people who earned tural adjustment programs as condi- of working people, not the wealthy, be- over $80,000, that small percentage of tions for debt relief. Seventy-six Mem- cause they do not pay on any income the people, if they paid in the same So- bers of Congress representing both po- over $80,000, but the working people cial Security that a minimum wage litical parties have cosponsored this had put enough money in the trust earner pays, a flat tax, I hear from the bill. fund to secure it through the year 2039. other side of the aisle, give us a flat The IMF and the World Bank have tax. When I suggested this to the Re- sufficient resources to completely wipe b 1045 publican chairman of the Committee away poor countries’ debts. It is time No question. After that, with no on Ways and Means, he almost had a for the IMF and the World Bank to do changes, under pessimistic assump- stroke. Oh, no, not a real flat tax. We their share to make debt relief a re- tions, it would only be able to pay 73 are talking about a flat tax that cuts ality for poor countries and their peo- percent of the benefits. But here comes taxes on the wealthy, not a flat tax ple. It is time for the IMF and the the Bush administration and the so- that would give them the same obliga- World Bank to allow these countries to called Bipartisan Commission on So- tion to pay as working people. invest their resources in health, edu- cial Security loaded with people who If we took that one step, Social Secu- cation, and the elimination of poverty. have been trying to destroy the sys- rity under current assumptions would

VerDate 11-MAY-2000 00:19 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.025 pfrm04 PsN: H20PT1 H4372 CONGRESSIONAL RECORD — HOUSE July 20, 2001 be solvent forever; and, in fact, there considered to be a vice contrary to the treatment is likely to find there is lit- would be so much money flowing into American work ethic. Let me say that tle available and what is available is Social Security that we could give a one more time. Only 30 years ago gam- not covered by insurance. tax break to working Americans. We bling was illegal in most States and How quickly can addiction develop? could say you do not have to pay any was generally considered to be a vice Story after story recounts the heart- Social Security tax on the first $4,000 contrary to the American work ethic. break. or $5,000 of income, a big tax break to Serious gamblers had to travel to Ne- Consider the story of Debbie. She and minimum wage people and others at vada for casino play, and States had her husband visited a new casino built the lower end of the spectrum. not yet plunged into the lottery mania. near them in Blackhawk, Colorado. Mr. Speaker, all we have to do to se- Today the lottery is played in 37 The novelty soon wore off, but her hus- cure the future of Social Security is States, plus the District of Columbia. band started going four or five nights a just say, hey, the Bill Gates of the All but three States have legalized week. Within 3 months of their first world and all of those other people some form of gambling. Gambling ex- visit, Debbie learned that they would earning hundreds of millions of dollars, pansion has swept the Nation, with rev- have to file for bankruptcy. Her hus- the head of Enron, the company which enues jumping from $1 billion in 1980 to band had lost close to $40,000. This did is ripping off ratepayers by manipu- well over $50 billion today. That means not stop her husband from gambling, lating energy prices, he got $123 mil- that Americans lose on average over and eventually they divorced. So much lion in stock options this year. If he $137 million every day. Americans lose for family values. She said, ‘‘The hus- paid Social Security taxes on that, on on an average $137 million every day a band I divorced was not the husband I $123 million, tens of thousands of year from gambling. married. He is a total stranger to me. Americans would be assured that their What has the spread of gambling He became a liar, a cheat. He engaged retirement would be made good. meant for the country? First, gambling in criminal, illegal activities.’’ The scare tactics have begun, and the comes with a high social cost. Some Gambling has negative economic im- American people are not going to stand 15.4 million Americans already suffer pacts. Revenues are drained from local for it. from problem and pathological gam- businesses and services. Gambling f bling, also called gambling addiction, leads to a shift in consumer spending THE SPREAD OF GAMBLING which is often devastating to the indi- from small business groups and serv- vidual and his or her family. ices which produce local employment. The SPEAKER pro tempore (Mr. The National Academy of Sciences There is an increased cost to the State KERNS). Under the Speaker’s an- found that pathological gamblers en- from bankruptcy, addiction, treatment nounced policy of January 3, 2001, the gaged in destructive behaviors. They centers and the penal system. gentleman from Virginia (Mr. WOLF) is run up large debts, they damage rela- The Gambling Commission estimated recognized for 60 minutes as the des- tionships with family and friends, and that direct gambling costs borne by the ignee of the majority leader. Mr. WOLF. Mr. Speaker, 2 weeks ago they kill themselves. Pathological government are currently about $6 bil- The Washington Post did a front page gambling is defined by the American lion a year. This does not count indi- story about how the gambling industry Psychiatric Association as an impulse rect costs such as loss of productivity targets one of our Nation’s most vul- control disorder with symptoms simi- in the workplace, divorce consequences nerable groups, our senior citizen popu- lar to those of drug and alcohol addic- for the family. It is reasonable to sug- lation. tions. The gambling addict experiences gest that the more gambling a State According to the article, it says, ‘‘Ca- tolerances, needing more gambling, offers, the more costs it must bear. sinos are trying harder than ever to at- withdrawal from trying to stop, a loss Gambling is associated with break- tract retirees. Some are dispatching of control and cannot stop even after down of the democratic political proc- buses to senior centers or vans to trail- trying, and often lying and illegal acts ess. The Gambling Commission con- er parks and timing their offers for free such as stealing to support the habit. cluded that local and State govern- rides to coincide with the arrival of So- The effects of this addiction are ments tend to become a dependent cial Security checks.’’ wide-ranging and often impact many partner to the gambling industry and The gambling industry goes to great who are not involved with gambling. It become reliant on their vast funds and lengths to prey on our Nation’s most is not unusual for a gambling addict to can be influenced by campaign con- vulnerable groups, the young, the poor, end up in bankruptcy with a broken tributions. and perhaps most frequently the elder- family facing criminal charges from In State after State, the gambling in- ly. A national survey recently revealed his or her employer. dustry pours money into the coffers of over one-half of all senior citizens had Youth introduced to gambling are local politicians from both political gambled recently. This is more than particularly at a high risk for gam- parties in hopes of advancing their in- double the rate of one generation ago. bling addiction. Over half of those with terests. In State after State, opponents The gambling industry targets this problem gambling disorders, 7.9 mil- of a gambling proposal are outfinanced, audience because they have two attrac- lion, are adolescents. For instance, a outgunned and outmanned. The fact tive attributes: time and money. Often Louisiana survey of 12,000 adolescents that gambling has not spread further is those who are lonely become quickly found that 10 percent had bet on horse a tribute to the tireless efforts of a few addicted. It is not long before the mar- racing, and 25 percent had played video grassroots activists in States. These keting strategy succeeds as gambling poker. advocacy efforts, often outspent by eats up seniors’ life savings and Social Adolescents are more likely to be- rates of 20 to 1, have held the levy Security checks. come problem or pathological gamblers against even further encroachment by Mr. Speaker, while I was saddened to since they are more vulnerable to risk- the gambling industry into every com- read this story, I was not surprised. I taking behavior. According to the Na- munity in America. am not surprised because very few are tional Gambling Impact Study, a study On the Federal level, the NCAA gam- actually speaking out against the which Congress created and which re- bling bill introduced on the House side spread of gambling. I am not surprised leased its report in 1999, adolescent by the gentleman from South Carolina because very few of our political lead- gambling is associated with alcohol (Mr. GRAHAM) and the gentleman from ers have spoken out. I am not surprised and drug use, truancy, low grades, and Indiana (Mr. ROEMER) to close the loop- because most religious leaders have not problematic gambling in parents and hole allowing the betting on college spoken out. I am not surprised because illegal activities to finance gambling. sports in Nevada is indefinitely on most advocates for the poor have not This has led to tragic outcomes. One hold, even though if it were brought up spoken out. I am not surprised because 16-year-old boy attempted suicide after to the floor most people know it would most traditional advocates for the el- losing $6,000 on lottery tickets. There pass overwhelmingly. derly have not spoken out. Saddened, is a tremendous need for prevention, Who supports the bill? Almost every yes; but surprised, no. research and treatment for gambling university with athletics programs, the Only 30 years ago gambling was ille- addiction. Unfortunately, all three are NCAA, almost every college coach in gal in most States and was generally in short supply. A person who needs America, including Joe Paterno, Lou

VerDate 11-MAY-2000 00:19 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.027 pfrm04 PsN: H20PT1 July 20, 2001 CONGRESSIONAL RECORD — HOUSE H4373 Holtz, Bobby Bowden, Mike Henny Tillman. A big, tough hometown trend while profiling bad check writers: Krzyzewski. The lone opposition to this kid, he had plunged into serious trou- a large number of their suspects are bill comes from the gambling industry ble when he was rescued in a California video poker addicts. ‘‘We’re not talking which has fought the bill vigorously Youth Authority lockup by a boxing about people who mistakenly write a and is among the highest contributors coach who saw a young man of uncom- check for groceries at Winn-Dixie for to campaign funds of both political mon heart and untapped talent. In a $25.33. We’re talking about people who parties. little more than 2 years, he would are writing checks for $25 or $30 eight Sometimes, though, the real story of stand proudly atop the Olympic plat- times a day at locations with video the spread of gambling can only be un- form at the sports arena, just blocks poker machines or places in close prox- derstood by actually hearing about the from his boyhood home, the gold medal imity of video poker machines,’’ Torres real-life stories that show the true con- for heavyweight boxing dangling from said. So far this year, Torres’ office has sequences of the spread of gambling. his neck. But 2 years after his mediocre collected $320,000 for Terrebonne Parish Mr. Speaker, I would like to share a pro career ended, he was back behind merchants who were given 3,600 worth- few of these stories. bars. And now he stands accused of less checks. Torres said about 30 per- Gambling can lead to death. ‘‘A gam- murder in a case that could put him cent of those bad checks are connected bler losing big dollars in the high-roll- away for life. Gambling got Tillman in to gambling. ‘‘ ‘It’s eating people up,’ er area of the Motor City Casino in De- trouble. He was arrested in January he said. ‘It’s real sad when people don’t troit pulled out a gun, shot himself in 1994 for passing a bad credit card at the have a dollar. No money for food be- the head and died, police said. Terrified Normandie. He pleaded no contest and cause of gambling addictions. I’ve seen gamblers fled from the blackjack table got probation. In 1995, he pleaded it up close, and video poker plays a where off-duty Oak Park Police Sgt. guilty to using a fake credit card in an large role in the problem,’ Torres Solomon Bell had been consistently attempt to get $800 at the Hollywood said.’’ The Courier. losing large bets, witnesses said. De- Park Casino in Inglewood. I have suf- Gambling affects children. troit police said Bell had been gam- fered from a long history of gambling ‘‘A 4-year-old girl remained in pro- tective custody in Fort Mill, South bling earlier in the day at MGM Grand addiction, which I am very ashamed Carolina, after her mother was charged Detroit Casino and was hoping to make had taken over my life, Tillman wrote with leaving her in a locked car while up for some losses there. They said he in a letter to the court.’’ Los Angeles she played video poker. Tuesday in lost between $15,000 and $20,000 in the Times. Ridgeland, a woman whose 10-day-old two casinos during the day.’’ That was ‘‘A Rhode Island woman known as baby died in a sweltering car while she in the Detroit Free Press. the ‘‘church lady’’ is free on bail after played video poker was given a sus- pleading innocent to stealing $3,000 b 1100 pended sentence and 5 years’ probation. from four severely mentally retarded ‘‘A former employee at Trump Ma- York County, South Carolina sheriff adults at a Mansfield, Massachusetts Bruce Bryant said such incidents re- rina Hotel and Casino in Atlantic City group home to play slots at the leaped to his death from the gambling flect the addictive nature of video Foxwoods Casino.’’ poker. ‘You see the same thing with hall’s self-parking garage. Charles Are the people who run the Foxwoods LaVerde’s death marked the fifth sui- people addicted to cocaine and heroin. Casino proud of this record? They lose all rational thought and will cide plunge from a casino facility in ‘‘An organist at St. Theresa’s Church less than a year.’’ Atlantic City Press. do anything to support their habit, sell in Nasonville, Rhode Island, Denise the furniture right out of their house, So much for family values, family Manderville, worked as a caretaker for values on both sides as Members are leave their babies in locked cars during the four adults.’’ Boston Herald. the middle of summer,’ he said.’’ The taking the money from the gambling ‘‘Felony criminal charges are on the interests. State, Columbia. rise in northern areas of lower Michi- ‘‘Children have been left unattended ‘‘A Hancock County, Mississippi gan and some judges, prosecutors, and at Indiana’s riverboat casinos more woman says she killed her mother and others are blaming much of the in- than three dozen times while their par- husband last year as part of a suicide crease on compulsive gambling. An- ents or other guardians were gambling pact made in despair over large gam- trim prosecutor Charles Koop said the during the past 14 months. A Courier- bling debts the trio had run up at Gulf gambling-related felonies are troubling Journal review of Indiana Gaming Coast casinos. Julie Winborn pleaded because many of the people aren’t Commission records found 37 instances guilty in the death of her husband, criminally-minded.’’ Associated Press. involving an estimated 72 abandoned Grady Winborn, 57, and her mother, Gambling can lead to debt and bank- children since May of 1999 when the Inez Bouis, 66. She was sentenced ruptcy. State first began compiling reports of Thursday to two life sentences. She ‘‘One-third of 120 compulsive gam- such episodes. In one case, an infant had testified that the three lost $50,000 blers participating in a pioneering had to be revived with oxygen.’’ Louis- at casinos and decided to end their treatment study have either filed for ville Courier-Journal. lives because they could not repay bankruptcy or are in the process of fil- Gambling affects families. We hear so bank and credit union loans.’’ Associ- ing, a University of Connecticut re- much talk about family values on this ated Press, 9/10/99. searcher said Tuesday. Nancy Petry floor. When I think of both political Gambling can lead to crime. said she recently gave a talk to a group parties taking money from the gam- ‘‘An insidious new kind of crime is of bankruptcy lawyers who estimated bling interests, they should read this taking hold, radiating out across that as many as 20 percent of their cli- story: southern New England from the two In- ents had mentioned gambling as a rea- ‘‘There is an ugly undercurrent that’s dian casinos in eastern Connecticut. It son for their problems.’’ Hartford Cou- sweeping away thousands of Missou- is embezzlement committed by des- rant. rians, people whose addiction to gam- perate gamblers, usually compulsive Will Torres, Jr., spends part of his bling has led to debt, divorce and gamblers, who work in positions of day listening to sad stories. As the di- crime. This is a world of people like trust. A sampling of criminal cases rector of the Terrebonne Parish, Lou- Vicky, 36, a St. Charles woman who over the past 2 years shows that the isiana district attorney’s office bad regularly left her newborn son with amounts of money can be staggering check enforcement program, Torres baby sitters to go to the casinos and and that an increasing number of the has heard some doozies. ‘‘I’ve seen peo- who considered suicide after losing gamblers are women. In all these cases, ple lose their homes, their retirements $100,000. And Kathy, a homemaker and the money was used to gamble at the wiped out, their marriages, people los- mother of two from Brentwood, who Foxwoods Resort Casino or the Mohe- ing everything they have. Gambling, would drop her kids at school and gan Sun casino, authorities said.’’ specifically video poker, is starting to spend the entire day at a casino play- Hartford Courant. catch up with drugs and alcohol as a ing blackjack. She used a secret credit ‘‘Of all the heroes who emerged from precursor to local crime,’’ Torres said. card that her husband didn’t know the 1984 Los Angeles Olympics, perhaps Torres and the district attorney’s of- about to rack up more than $30,000 in none was more inspirational than fice recently noticed an interesting debt.’’ St. Louis Post-Dispatch.

VerDate 11-MAY-2000 00:19 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.029 pfrm04 PsN: H20PT1 H4374 CONGRESSIONAL RECORD — HOUSE July 20, 2001 In short, while the explosion of var- VETERANS’ HEALTH CARE NEEDS ters personally by telling me that he ious forms of gambling across America The SPEAKER pro tempore (Mr. will be in the forefront of the fight to has, of course, generated some revenue KERNS). The Chair reallocates 5 min- make certain that the efficiencies that for States and for the gambling indus- utes of the balance of the majority we have long sought will finally come try, it has left in its wake human mis- leader’s hour to the gentleman from to bear. ery that is only now beginning to be Florida (Mr. FOLEY). The military has often told me that understood. This misery ends up cost- Mr. FOLEY. Mr. Speaker, I am de- they are having a difficult time in re- ing the State more than it receives and lighted to come to the microphone cruiting people to serve in the armed creates a vicious cycle as the needs of today. I have been traveling the State services of our country. social services dramatically increases. of Florida for the past several months b 1115 Whether it is a State lottery, a casino, meeting with editorial boards trying to or a cruise to nowhere, gambling is a enlist their support on an issue that I It may be that the veterans who have poor bet for funding legitimate social consider vitally important to veterans served before are telling them that it is needs. in my State and veterans throughout not all what it is cracked up to be. I think if we decide to emphasize the And soon gambling will be in every the country. Veterans have fought for need to provide these expedited claims home in America with an Internet con- our country. Now they are forced to processes, we would find more veterans nection. More than 850 Internet gam- fight for their health care. 1.6 plus mil- thrilled with the idea that their gov- bling sites worldwide had revenues in lion veterans now live in the great ernment is standing by them, as they 1999 of $1.67 billion, up more than 80 State of Florida. Regrettably, with the stood by us. Maybe you would find percent from 1998 according to State with the second largest popu- young recruits thinking about engag- Christiansen Capital Advisors, which lation of veterans, we have one benefits ing in military service, when they tracks the industry. Revenues are ex- claims center, in St. Petersburg. The asked a veteran, that they would get pected to top $3 billion by 2002. average backlog of cases for veterans that gold-plated assurance that, yes, I want this Congress, I want this Con- processing their claims is anywhere from 170 days to 275 days. As I tell my the government did stand by me after I gress and this country, I want this ad- had served and made my life better. ministration, who talks about family veterans in the community who are desperate to find answers to their So I thank the gentlemen and gentle- values also to reflect on the serious- women who have participated in in- ness of this issue. Frankly, I have claims, ‘‘The answers you get may not be the ones you want. I cannot guar- creasing the supplemental by this $19 heard no one in this administration million. I urge us to do more. I urge us speak out on this issue, although to antee you the answer satisfies your claim. They may reject your claim.’’ to do a lot more, because, again, if we their credit they are new, but we have But, by God, we owe them an answer. are to be the kind of Nation that leads sent letter after letter and they have We owe them, yes, you are approved for others to prosperity and peace abroad, not spoken out on this issue. This is benefits or, no, you are not so they can if we are to be the Nation that holds not about whether or not one makes a at least go on to the appeals process. the ideals of that flag behind the decision of choice to travel to Las My good friend the gentleman from Speaker’s rostrum to the high stand- Vegas or Atlantic City and gamble for California (Mr. HUNTER) will be ad- ards we would expect, if we are that recreation. The reality is that such a dressing the Congress in a moment on Congress that believes that that flag choice takes planning and some time. military issues. I am chagrined that deserves protection from desecration, As gambling spreads throughout the people who are brought to this fight to that we ought to make certain that country, there is less planning time help us take down totalitarian regimes, this Congress is the one that expedites and much more availability for poten- to protect and provide freedom for our the appeals process and the claims tial addicts to gamble. Imagine this allies, who have fought wars like World process for those valiant men and availability being just one click away. War I, in fact, I have a veteran of women who have risked their lives to This Congress and this administration World War I who lives in my commu- make America strong and secure. We needs to consider the seriousness of not nity, 98 years old, Mr. Ross, veterans of should do nothing less, and we must do passing an Internet gambling ban. Are World War II, Korea, Desert Storm, much more. we really ready to have a virtual ca- Vietnam and others are made to wait f sino in every home in America with an in line and wait for months to get an- MILITARY NEEDS MORE FUNDING Internet connection? swers to very simple questions. Mr. Speaker, with all this hard evi- I am thrilled the gentleman from The SPEAKER pro tempore (Mr. dence, who is speaking out against the New York (Mr. WALSH) and his com- KERNS). Under the Speaker’s an- spread of gambling? Crime, corruption, mittee on the supplemental just passed nounced policy of January 3, 2001, the family breakdown, suicide, bank- included at the request of myself and gentleman from California (Mr. ruptcy, and yet the silence is deaf- many, many Members of Congress an HUNTER) is recognized for 60 minutes. ening. In fact, in this body, they passed additional $19 million for veterans ben- Mr. HUNTER. Mr. Speaker, I have a faith-based proposal yesterday which efit administration for unexpected taken the floor a number of times over I supported, and the broken bodies will claims processing costs. We should not the last 8 years during the Clinton ad- be helped by that faith-based commu- have considered them unexpected ministration strongly criticizing the nity. Yet the Bush administration, claims processing costs because we Clinton administration for what I con- whether it be Secretary Norton at should have known that this backlog sider to be a weakening of our national Commerce or the White House itself existed. We have talked about it for security. We had budgets that annually has not spoken out on this issue. Where months. We have pleaded with the past were short in terms of equipment being is the Bush administration on this administration. I am delighted Sec- replaced, low pay for our military per- issue? retary Principi has been actively in- sonnel, substandard housing for our I want to conclude by asking our po- volved in this issue. military families, a lack of readiness, litical leaders, good people on both Mr. Bush, when he campaigned for spare parts and training for our forces sides of the aisle, I want to ask our re- President and now as our Commander that might have to move around the ligious leaders, I want to ask those who in Chief, spoke eloquently about the world on a moment’s notice, and over- care about the poor, that care about need to make certain that our fighting all shortchanging of national security the poor that Jesus talked about in forces were well provided for and that by substantial amounts each year in Matthew 25, I want to ask those who we made troop readiness and troop mo- the budget. care about the elderly, I want to ask rale a keystone of this administration. I want to go through the facts that I those who are always talking about I applaud him for that and I certainly have laid out over the last several family values to speak up on this issue, applaud Mr. Principi for his dogged years with respect to what was then because if you do not speak up on be- pursuit of revising and providing lead- the Clinton administration’s defense half of the Nation’s most vulnerable, ership at the VA. I know he has an- budget. First I pointed out that we who will? swered many of my phone calls and let- have cut our military forces since 1991–

VerDate 11-MAY-2000 00:19 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.031 pfrm04 PsN: H20PT1 July 20, 2001 CONGRESSIONAL RECORD — HOUSE H4375 1992, the days of Desert Storm, by chairman of the Subcommittee on and you figure out about how old they about 50 percent, and I pointed out that Military Procurement of the Com- are and how old they will be when they we had gone from 18 Army divisions to mittee on Armed Services for what I have to retire, figure out how many we 10, we had gone from 24 fighter air consider to be an inadequate budget have to replace each year so we have a wings to only 13 active air wings, we that did a disservice to our men and fairly modern force. Could you do that had gone from 546 Navy ships to 316, women in uniform, and, more impor- for us? now down to less than that and going tantly, did a disservice to national se- That is like telling a guy that owns toward a 300 ship Navy. curity. 100 taxicabs, figure out how many taxi- I pointed out that we had declining Well, today we have a new adminis- cabs you have to buy each year. If each mission-capable rates for our frontline tration. It is the Bush administration, of your taxicabs has a 10-year life, how aircraft. A mission-capable rate is if I and it is headed by George W. Bush, a many taxicabs do you have to buy each called up a neighbor who has two cars President whom I admire, a President year so your taxicabs average about 5 and I ask him what his mission-capable of great personality, great vision, good years old, so they are not too old, so rate was, and he said wait a minute, common sense, and a President whom I you do not end up with a bunch of ’56 DUNCAN, and he went out to try to think most Members of this House, Chevys. The answer is you have to buy start them and only one started, he whether they are Republican or Demo- about 10 each year to keep that taxicab would say 50 percent; one out of two. crat, have a deep respect for. force fairly modern. The mission-capable rate is the abil- But, Mr. Speaker, facts are stubborn So we asked the GAO, do the same ity of an airplane, whether it is a fight- things, and if we are going to maintain things for our tanks, trucks, ships and er plane from a Navy carrier deck or an intellectual honesty in this body, and I planes; and they came back with an an- Air Force aircraft from an air base, to think all of us try to do that as much swer, and their answer to us was the be able to fly out, take off, go do its as we possibly can, we have to be con- United States of America needs to mission, whether it is reconnaissance sistent. I have looked at this budget spend an additional $30 billion a year or escort or fighter duties, and return that this President has sent over to to have modern equipment for the peo- back to that base and land. Can it do Congress, and this budget, which is ple that wear the uniform of the United its job? That is a mission-capable rate. seeking right now to plus-up defense, States to operate in training and in The mission-capable rates of all of to add to defense $18 billion, which war. our front-line fighters have been drop- would take it up to a level $18 billion We also asked them to tell us how ping dramatically during the last 8 ahead of the last Clinton budget that much more money they thought we years of the Clinton administration. I was submitted and voted on and in- needed to spend on training if we want- pointed out that they have gone down, creased by this Congress, I find that ed our pilots to have enough flying and this chart represents that fall in that budget is still totally inadequate. time and our people that operate our mission-capable rates. They have gone Facts are facts. We still have only 10 ground equipment to get enough train- down from an average of about 83 per- Army divisions, down from 18. We still ing time. They came back with an an- cent to 88 percent back in the early have only 13 Air Force divisions, Air swer of about $5 billion more a year we nineties to only about 73 percent Force air wings, down from 24. This have to spend. today. So that means that this small year, under this administration’s budg- We said what is it going to take if we Air Force that we now have, these 13 et, we are only going to build five full up our personnel and give them air wings, actually are less than that, ships, which is building at a rate that pay that is commensurate with the ci- because each of those air wings has would lower the U.S. Navy to less than vilian sector? The answer was it is fewer aircraft that are ready to go than 200 ships. going to average about $10 billion a the air wings of the force of 1992. We still have the $3 billion ammo year. I pointed out during the last 8 years shortage in the U.S. Army. We still We said how much more do we need of the Clinton administration that our have the $200 million ammo shortage in for missile defense if we really want to shipbuilding rate was falling; that in- the U.S. Marine Corps. We still have a have a robust missile defense? We stead of building the 9 to 10 to 11 ships major gap in pay between our military asked a lot of experts that. We figured that we needed each year to maintain personnel and the civilian sector. out we need to have between $2 and $5 at least a 300-ship Navy, we were con- I checked the other day, Mr. Speaker. billion a year more. sistently building only four or five or I asked the Air Force, where is the We asked how much for ammunition, six or seven ships, building toward a pilot shortage now? Are we down from because we are about 50 percent short. 200-ship Navy. That is compared to the 1,200 in the Clinton administration? Along with the Army $3 billion short- Ronald Reagan’s 600-ship Navy of the The answer was no, we are still at 1,200, age and the Marine Corps $200 million 1980s. I criticized that strongly. and we might even be shorter over the shortage, all the services are short in I criticized the fact that the Army, next several months. what we call precision munitions. by their own admission, by their own Spare parts, have we got the spare That is what Americans watched in statement from the Chief of Staff of parts that we need? The answer is no. the Desert Storm war against Saddam the Army, was $3 billion short of basic We started something in the Clinton Hussein when they watched the guy ammunition. One thing you do not administration, Mr. Speaker, that I that the news stations called the want to run out of in a war is ammuni- thought was an important tool of ac- world’s luckiest taxicab driver, the car tion; yet we were $3 billion short. I countability, and that is that our great going across a strategic bridge, and we criticized the fact that the Marine chairman, the gentleman from South were coming with an aircraft to knock Corps was $200 million short of basic Carolina (Mr. SPENCE), always asked that bridge out, and we launched not a ammunition. the military to give their honest an- lot of bombs like we had to in the old At the same time, we criticized the swer after we had the Clinton budget. days, the carpet bombs, and hoped to fact that the U.S. Air Force was at one He would say, what do you really need? knock the bridge out; we launched one point 700 pilots short. That got up in What is your unfunded requirement? bomb at one of the struts under that the Clinton administration to as high What is that you need in terms of bridge, and we could see on a camera as 1,200 pilots short. The last time I ammo, spare parts, pay, training, that that bomb going in, a laser-guided talked to Secretary Peters, then-Air your budget did not give you? They bomb, hit precisely at that strut just Force Secretary under the Clinton ad- would send over a list. as the taxicab driver got to the end of ministration, right at the end of the Well, this year we have continued the bridge, and it blew up that bridge. administration, at that point it had that practice with my President in the That is called a precision munition. gone from 700 pilots short to 1,300 pi- White House, George Bush; and the an- It is very important in warfighting. We lots short. It had gone back a little bit. swer this year is close to $30 billion used it in the Kosovo campaign. So in- We were still 1,200 pilots short in the short from the military. stead of having to carpet bomb with a U.S. Air force. We had GAO do a report for us, and lot of dumb bombs, you send one in So, Mr. Speaker, I strongly criticized we asked them if you take all of our that hits precisely the right point, and the Clinton administration as the ships and tanks and trucks and planes you get the same capability.

VerDate 11-MAY-2000 00:19 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.034 pfrm04 PsN: H20PT1 H4376 CONGRESSIONAL RECORD — HOUSE July 20, 2001 Well, we are about 50 percent short in dollars from them. They are taking missile that also goes faster than a .30– those precision munitions across the those dollars, Mr. Speaker, and they 06 bullet. We have had now eight out of board. So if you add money for the am- are buying and building a war machine nine successful intercepts. munition account and the munitions that one day may kill Americans on Mr. Speaker, at about 11:09 on Satur- account, that is about another $5 bil- the battlefield. They bought the day night last Saturday, 148 miles lion a year we have to spend. Sovremenny class missile destroyers above the earth in the mid-Pacific, we Mr. Speaker, that adds up to over $50 from Russia. Those were designed with hit a Minuteman missile launched out billion for equipment, for people, for Sunburn missiles for one purpose: to of Vandenberg, California, going some training, for spare parts, for ammuni- kill American aircraft carriers. And 11,000 feet per second. That is about tion. I wanted to be able to stand here they bought those after they had been four times the speed of a .30–06 bullet. today and say my President, George embarrassed over the Taiwan issue by We hit it with an Interceptor from Bush, provided that, just like my the United States, and they vowed Kwajalein Island, 4,800 miles from the President Ronald Reagan came in in never to be embarrassed again. west. We launched that Interceptor, 1980 and rebuilt national defense and So they bought the Sovremenny class and it also had a speed about four brought down the Russian empire missile destroyers. They are buying times faster than a .30–06 bullet, and under a motto, under a program that air-to-air refueling capability from the they collided 148 miles above the earth. was called Peace Through Strength. Russians. They are buying high-per- That utilized radar capability, the If you are strong, you can help the formance SU–27 fighter aircraft from Beal Air Force station in California, weaker nations in the world. If you are the Russians; and, yesterday, as we also our ex-band radar on Kwajalein, strong, you can help people to become walked out of the vote giving China also radar at Hawaii with hundreds and free. If you are strong, you can protect Most Favored Nation trading status hundreds of Navy and Air Force assets your own people. If you are strong, you and guaranteeing this flow of American monitoring that test. And with some may be able to convince your adver- dollars to China, we walked out to look 35,000 Americans, whether they were sary, which was then the Soviet Union, at a headline in the Washington Post members of the Army that helped de- that the right way in this world is to and the newspapers around the country velop the radar or the Air Force team go to the bargaining table with the saying China completes $2 billion deal that launched the missile from Van- United States and make a peace agree- with Russia to now buy 38 SU–30 air- denberg Air Base or the Navy and ment. That happened under Ronald craft. Those are attack aircraft, from Coast Guard that provided security, Reagan. Russia. And we also noted that they some 35,000 plus Americans, engineers, This budget this year submitted by are now Russia’s biggest customer for scientists, technicians, blue collar this administration is more than $100 Russia’s war machine. workers, participated in making that billion less than Ronald Reagan’s budg- So we spent trillions of dollars offset- test a success. et in real dollars in 1985, $100 billion ting Russia’s war machine during the It was a great day for the United less. Now, it is true we do not need as Cold War, and now we are rebuilding States, but it was a chart along a very much money as we needed in 1985, when that war machine with American trade difficult road of trying to achieve mis- the Soviets were ringing our allies in dollars in China. sile defense. Europe with SS–20 missiles, when they Now, Mr. Speaker, I would like to The Bush administration has the were developing high combat-efficient close on a good note. Hopefully, there right idea about missile defense. They capability in the air and on the land, is a good note here. One hope, and I know it is necessary because we live in and when they had a massive ICBM think this is the hope of all Members an age of missiles. We found that out force threatening the United States. who understand the plight of America’s when we had a number of our personnel military today, Democrat and Repub- killed in Desert Storm by a ballistic 1130 b lican, I think certainly all members of missile launched by Saddam Hussein at We needed to spend more, but we the Committee on Armed Services, we an American force concentration. We have cut too much. We cut too much in need that $18 billion. We are told we can defend today, even though we have the Clinton administration, and I am might not even get the $18 billion a weakened defense, we still have de- sad to say that this defense budget above the Clinton budget that we fenses against ships, tanks, aircraft. does not do much above the Clinton ad- thought we were going to get and We have no defense against an incom- ministration’s level. It does a little, which we made a place for in the budg- ing ICBM coming into this country. but it does not do much. et a few months ago. So that is why the administration is That takes me, Mr. Speaker, to my If we do not get that $18 billion, Mr. working with the Russians to try to de- next subject, which is China. I spoke Speaker, we are going to see more velop a cooperation that will allow us yesterday during the vote to give planes that cannot get off the ground; to deploy defenses, and it is why also China Most Favored Nation trading we are going to see more empty ammo the Bush administration has the right status. That means we are going to pouches with the Army and Marine idea, that if we cannot make an agree- give them the same privileges in trade Corps personnel who have to defend ment with the Russian, it is in our na- with the United States that we give this country; we are going to see more tional interests to build a missile de- our best friends around the world. spare parts shortages throughout the fense system, because it is the United I argued that, in 1941, we were send- services; we are going to see more sub- States Government that has a con- ing American steel to Japan to build standard housing for military families; stitutional responsibility to its people the Japanese fleet, we were sending pe- and we are going to see a continued de- to provide for national security. Na- troleum to Japan to fuel that fleet, and cline of America’s military strength. tional security must now and forever we had one Congressman, Carl Ander- Now, we did do something very phe- on include defense against incoming son, who said 6 months before Pearl nomenal last week; and we recognized ballistic missiles. Harbor: If we have to fight the Japa- this in the House of Representatives, So, Mr. Speaker, I would hope that nese fleet, we are going to fight a fleet Mr. Speaker. That was that we did the administration would work over- that is built with American steel and shoot down a bullet with a bullet in a time to try to increase this defense powered with American petroleum. Six national missile defense test. budget. Let us not look back on this months later, we had thousands of Now, I have put up here, Mr. Speak- era of relative prosperity when the Americans dead, lots of planes shot er, the results of the last eight Patriot American people are doing well as an down, lots of ships destroyed by a Jap- 3 tests. That is our smaller defensive era that was similar to the era imme- anese fleet fueled with American petro- system that handles Scud-type mis- diately preceding Korea, when we de- leum and built with American steel. siles, and I put it up here to show that, cided that there would not be any more I analogize that to China. We are in fact, we are now hitting a bullet wars and that we did not need to have sending $80 billion a year more in with a bullet with missile defense. We a military that was ready to go. Then, China than they are sending to us, so can shoot a Scud missile that goes fast- on June 6 of 1950, we found ourselves they end up with $80 billion more er than a .30–06 bullet, that is a high- pushed down the Korean peninsula by a American dollars than we end up with powered rifle bullet with a Patriot 3 third-rate military; and when the dust

VerDate 11-MAY-2000 00:19 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K20JY7.036 pfrm04 PsN: H20PT1 July 20, 2001 CONGRESSIONAL RECORD — HOUSE H4377 had cleared, over 30,000 Americans lay EXECUTIVE COMMUNICATIONS, 2988. A letter from the Administrator, Gen- dead because we had underestimated ETC. eral Services Administration, transmitting a report on FY 2002 Annual Performance Plan; the danger of the world; and we had Under clause 8 of rule XII, executive also underestimated the drawdown of to the Committee on Government Reform. communications were taken from the 2989. A letter from the Acting Director, Of- the American military that took place Speaker’s table and referred as follows: fice of Personnel Management, transmitting after World War II. 2976. A letter from the Chairman, Board of a report pursuant to the Federal Vacancies Mr. Speaker, we must keep a strong Governors of the Federal Reserve System, Reform Act of 1998; to the Committee on military. That is the underpinnings of transmitting the Eighty-Seventh Annual Re- Government Reform. our foreign policy, which is ultimately port of the Board of Governors of the Federal 2990. A letter from the Program Analyst, the underpinnings of our economic pol- Reserve System covering operations during FAA, Department of Transportation, trans- icy. So let us try to get that $18 billion, calendar year 2000, pursuant to 12 U.S.C. 247; mitting the Department’s final rule—Revi- Mr. Speaker. It is crucial to everybody to the Committee on Financial Services. sions to Requirements Concerning Airplane 2977. A letter from the Chairman, Board of that wears a uniform in the United Operating Limitations and the Content of Governors of the Federal Reserve System, Airplane Flight Manuals for Transport Cat- States, and it is crucial to every Amer- transmitting the Board’s semiannual Mone- egory Airplanes [Docket No. FAA–2000–8511; ican. tary Policy Report, pursuant to P.L. 106–569; Amendment No. 25–105] (RIN: 2120–AH32) re- f to the Committee on Financial Services. ceived July 16, 2001, pursuant to 5 U.S.C. 2978. A letter from the Legal Technician, 801(a)(1)(A); to the Committee on Transpor- LEAVE OF ABSENCE NHTSA, Department of Transportation, tation and Infrastructure. By unanimous consent, leave of ab- transmitting the Department’s final rule— 2991. A letter from the Program Analyst, sence was granted to: Occupant Protection Incentive Grants FAA, Department of Transportation, trans- [Docket No. NHTSA–01–10154] (RIN: 2127– mitting the Department’s final rule—Protec- Mr. CRANE (at the request of Mr. AH40) received July 16, 2001, pursuant to 5 tion of Voluntarily Submitted Information ARMEY) for today on account of attend- U.S.C. 801(a)(1)(A); to the Committee on En- [Docket No. FAA–1999–6001; Amendment No. ing a funeral. ergy and Commerce. 193–1] (RIN: 2120–AG36) received July 16, 2001, Mr. GRAVES (at the request of Mr. 2979. A letter from the Principal Deputy pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ARMEY) for today on account of trav- Associate Administrator, Environmental mittee on Transportation and Infrastruc- eling with the Vice President. Protection Agency, transmitting the Agen- ture. cy’s final rule— Revisions to the California Mr. THOMAS (at the request of Mr. 2992. A letter from the the Clerk of the State Implementation Plan, Kern County House of Representatives, transmitting the ARMEY) for today on account of trav- Air Pollution Control District, Monterey eling with the Vice President. annual compilation of personal financial dis- Bay Unified Air Pollution District, Modoc closure statements and amendments thereto f County Air Pollution Control District filed with the Clerk of the House of Rep- [CA032–0241a; FRL–7001–2] received July 16, SPECIAL ORDERS GRANTED resentatives, pursuant to Rule XXVII, clause 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1, of the House Rules; (H. Doc. No. 107–104); By unanimous consent, permission to Committee on Energy and Commerce. to the Committee on Standards of Official address the House, following the legis- 2980. A letter from the Principal Deputy Conduct and ordered to be printed. lative program and any special orders Associate Administrator, Environmental Protection Agency, transmitting the Agen- heretofore entered, was granted to: cy’s final rule—Revisions to the California f (The following Members (at the re- State Implementation Plan, Bay Area Air quest of Mr. BROWN of Ohio) to revise Quality Management District, El Dorado PUBLIC BILLS AND RESOLUTIONS and extend their remarks and include County Air Pollution Control District extraneous material:) [CA241–0239a; FRL–7005–1] received July 16, Under clause 2 of rule XII, public Mr. PALLONE, for 5 minutes, today. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the bills and resolutions were introduced Mr. BROWN of Ohio, for 5 minutes, Committee on Energy and Commerce. and severally referred, as follows: 2981. A letter from the Acting Director, De- today. By Mr. LAFALCE: fense Security Cooperation Agency, trans- Ms. JACKSON-LEE of Texas, for 5 min- H.R. 2579. A bill to prevent the use of cer- mitting notification concerning the Depart- tain bank instruments for Internet gam- utes, today. ment of the Navy’s Proposed Letter(s) of (The following Members (at the re- bling, and for other purposes; to the Com- Offer and Acceptance (LOA) to the Taipei mittee on Financial Services, and in addi- quest of Mr. DIAZ-BALART) to revise Economic and Cultural Representative Office tion to the Committee on the Judiciary, for and extend their remarks and include for defense articles and services (Trans- a period to be subsequently determined by extraneous material:) mittal No. 01–19), pursuant to 22 U.S.C. the Speaker, in each case for consideration Mr. KERNS, for 5 minutes, today. 2776(b); to the Committee on International of such provisions as fall within the jurisdic- Relations. tion of the committee concerned. (The following Members (at their own 2982. A letter from the White House Liai- By Mr. MICA (for himself, Mr. request) to revise and extend their re- son, Department of Education, transmitting PORTMAN, and Mr. LATOURETTE): marks and include extraneous mate- a report pursuant to the Federal Vacancies H.R. 2580. A bill to establish grants for rial:) Reform Act of 1998; to the Committee on drug treatment alternative to prison pro- Government Reform. Ms. WATERS, for 5 minutes, today. grams administered by State or local pros- Mr. DEFAZIO, for 5 minutes, today. 2983. A letter from the White House Liai- son, Department of Education, transmitting ecutors; to the Committee on the Judiciary. f a report pursuant to the Federal Vacancies By Mr. GILMAN: H.R. 2581. A bill to provide authority to SENATE BILL REFERRED Reform Act of 1998; to the Committee on Government Reform. control exports, and for other purposes; to A bill of the Senate of the following 2984. A letter from the White House Liai- the Committee on International Relations, title was taken from the Speaker’s son, Department of Education, transmitting and in addition to the Committee on Rules, table and, under the rule, referred as a report pursuant to the Federal Vacancies for a period to be subsequently determined follows: Reform Act of 1998; to the Committee on by the Speaker, in each case for consider- Government Reform. ation of such provisions as fall within the ju- S. 180. An act to facilitate famine relief ef- 2985. A letter from the White House Liai- risdiction of the committee concerned. forts and a comprehensive solution to the son, Department of Education, transmitting By Mr. MICA (for himself, Mr. DAVIS of war in Sudan; to the Committee on Inter- a report pursuant to the Federal Vacancies Illinois, Mr. OSE, Mr. GRAVES, and national Relations. Reform Act of 1998; to the Committee on Mr. KELLER): f Government Reform. H.R. 2582. A bill to combat the trafficking, 2986. A letter from the Attorney/Advisor, distribution, and abuse of Ecstasy (and other ADJOURNMENT Department of Transportation, transmitting club drugs) in the United States; to the Com- Mr. HUNTER. Mr. Speaker, I move a report pursuant to the Federal Vacancies mittee on Energy and Commerce, and in ad- that the House do now adjourn. Reform Act of 1998; to the Committee on dition to the Committee on the Judiciary, The motion was agreed to; accord- Government Reform. for a period to be subsequently determined ingly (at 11 o’clock and 39 minutes 2987. A letter from the Auditor, District of by the Speaker, in each case for consider- Columbia, transmitting a report entitled, ation of such provisions as fall within the ju- a.m.), under its previous order, the ‘‘Health and Safety of the District’s Men- risdiction of the committee concerned. House adjourned until Monday, July 23, tally Ill Jeopardized by Program Defi- By Ms. HOOLEY of Oregon: 2001, at 12:30 p.m. for morning hour de- ciencies and Inadequate Oversight’’; to the H.R. 2583. A bill to establish a national bates. Committee on Government Reform. clearinghouse for information on incidents

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of environmental terrorism and to establish H.R. 902: Mr. BENTSEN. H.R. 1711: Mr. WU. a program to reduce environmental ter- H.R. 951: Mr. FILNER, Mr. FORD, Mr. H.R. 1907: Mr. GONZALEZ. rorism; to the Committee on the Judiciary. FORBES, Mr. ADERHOLT, Mr. CONDIT, Mr. H.R. 1943: Mr. ISAKSON. By Mr. UDALL of Colorado (for himself BALLENGER, Mr. PETERSON of Pennsylvania, H.R. 1956: Mr. BALDACCI and Mr. PETERSON and Ms. DEGETTE): Mrs. MALONEY of New York, Mr. ENGEL, and of Pennsylvania. H.R. 2584. A bill to amend the Act of March Mr. SMITH of New Jersey. H.R. 1983: Mr. DAVIS of Florida. 3, 1875, to permit the State of Colorado to H.R. 975: Mr. ACKERMAN, Mr. HASTINGS of H.R. 1990: Mr. LAFALCE. use land held in trust by the State as open Washington, and Mr. BORSKI. H.R. 2018: Mr. GONZALEZ, Mr. OBERSTAR, space; to the Committee on Resources. H.R. 981: Mr. BOEHNER and Mr. STEARNS. Mr. MCHUGH, Mr. OTTER, Mr. PETERSON of By Mr. WALDEN of Oregon (for him- H.R. 1084: Mr. LAHOOD and Mr. Pennsylvania, Mrs. CUBIN, Mr. DEMINT, Mr. self, Mr. CALVERT, Ms. HOOLEY of Or- NETHERCUTT. CAMP, Mr. GRUCCI, and Mr. PORTMAN. egon, Mr. SIMPSON, Mr. DEFAZIO, Mr. H.R. 1092: Mr. FRANK, Mr. MCINTYRE, Mr. H.R. 2102: Mr. SANDLIN, Mr. BONIOR, and HASTINGS of Washington, Mr. POMBO, TIERNEY, and Mr. BOEHLERT. Ms. BROWN of Florida. Mr. HANSEN, and Mr. GIBBONS): H.R. 1100: Mr. CONDIT. H.R. 2143: Mr. PLATTS. H.R. 2585. A bill to authorize the Secretary H.R. 1238: Mr. LEVIN, Mr. BECERRA, and Mr. H.R. 2291: Mr. PETERSON of Pennsylvania. of the Interior to conduct a study of the fea- REHBERG. H.R. 2329: Mr. COYNE, Mr. FROST, Mr. WATT sibility of providing adequate upstream and H.R. 1266: Mr. ACKERMAN, Mr. GONZALEZ, of North Carolina, Ms. MCCOLLUM, and Mr. downstream passage for fish at the Chiloquin and Mr. STARK. FATTAH. Dam on the Sprague River, Oregon; to the H.R. 1293: Mr. SKEEN. H.R. 2389: Mr. DOOLITTLE. Committee on Resources. H.R. 1350: Mr. GONZALEZ. H.R. 2442: Mr. MCGOVERN. By Mrs. KELLY: H.R. 1405: Mr. CUMMINGS, Mr. FRANK, and H.R. 2478: Mr. DEFAZIO and Ms. LEE. H. Con. Res. 189. Concurrent resolution ex- Mr. TOWNS. H.R. 2484: Mr. GOODLATTE and Mr. GOODE. pressing the sense of the Congress regarding H.R. 1462: Mr. GIBBONS and Mr. H.R. 2517: Mr. BAKER and Mr. LAFALCE. inflammatory bowel disease; to the Com- NETHERCUTT. H. Con. Res. 164: Mr. FALEOMAVAEGA. mittee on Energy and Commerce. H.R. 1506: Mr. BARR of Georgia. H. Con. Res. 178: Mr. SHERMAN and Mr. H.R. 1535: Mr. BACHUS. f ROHRABACHER. H.R. 1577: Mr. TAYLOR of North Carolina, H. Res. 17: Mr. BLUMENAUER. ADDITIONAL SPONSORS Mr. WAMP, Mrs. JONES of Ohio, Mr. PICK- f Under clause 7 of rule XII, sponsors ERING, Ms. VELAZQUEZ, Mr. NETHERCUTT, Mr. FLETCHER, Mr. RYAN of Wisconsin, Mr. CLEM- were added to public bills and resolu- ENT, and Mrs. CAPITO. DISCHARGE PETITIONS— tions as follows: H.R. 1591: Mr. TIERNEY. ADDITIONS OR DELETIONS H.R. 156: Mr. BARRETT. H.R. 1600: Ms. MCCARTHY of Missouri. The following Members added their H.R. 303: Mr. HASTINGS of Florida. H.R. 1624: Mr. CAMP, Ms. PELOSI, and Mr. H.R. 583: Mrs. MORELLA. CANTOR. names to the following discharge peti- H.R. 638: Mr. LAFALCE. H.R. 1642: Mr. HOYER. tions: H.R. 661: Mr. GONZALEZ and Mr. DEMINT. H.R. 1644: Mr. PLATTS. Petition 2 by Mr. INSLEE on House Reso- H.R. 817: Mr. MOORE. H.R. 1680: Mr. MCDERMOTT, Mr. GREEN- lution 165: Vic Snyder and James H. H.R. 827: Mr. CARSON of Oklahoma. WOOD, Ms. MCCOLLUM, and Ms. MCKINNEY. Maloney.

VerDate 11-MAY-2000 00:19 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\L20JY7.100 pfrm04 PsN: H20PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, FRIDAY, JULY 20, 2001 No. 102 Senate The Senate met at 9:15 a.m. and was ROBERT C. BYRD, Mr. REID. Mr. President, there will called to order by the Presiding Offi- President pro tempore. be 30 minutes of debate in relation to cer, the Honorable JON S. CORZINE, a Mr. CORZINE thereupon assumed the the three judicial nominations, fol- Senator from the State of New Jersey. chair as Acting President pro tempore. lowed by three rollcall votes beginning at approximately 9:50 a.m. PRAYER f Mr. President, the first vote will be RESERVATION OF LEADER TIME The Chaplain, Dr. Lloyd John under the regular order. The next votes Ogilvie, offered the following prayer: The ACTING PRESIDENT pro tem- will be 10 minutes each. These are the Loving Father, we want to know You pore. Under the previous order, the only rollcall votes today. The next roll- so well, trust You so completely, seek leadership time is reserved. call votes will occur Monday at ap- Your wisdom so urgently, and receive Your inspiration so intentionally that f proximately 5:45 p.m. we will be people attentive to the guid- EXECUTIVE SESSION The ACTING PRESIDENT pro tem- ance of Your Spirit. May we be totally pore. Under the previous order, there available for the influence of Your will now be 30 minutes for debate, to be Spirit. Help us to be as receptive to NOMINATION OF ROGER L. GREG- equally divided between the Senators Your direction. Alarm us with disquiet ORY TO BE UNITED STATES CIR- from Vermont and Utah or their des- in our souls if what we plan is less than CUIT JUDGE ignees. Your best. With equal force confirm The Senator from Vermont is recog- any convictions that will move forward nized. what You think is best for us. Place NOMINATION OF SAM E. HADDON Mr. LEAHY. I thank the Chair. I see Your hand on the Senators’ shoulders TO BE UNITED STATES DISTRICT my good friend from Utah is here, as today. Remind them that You are with JUDGE well as the Senators from Montana and them and will guide them. You are Je- Virginia. hovah Shamah: You will be there! Amen. NOMINATION OF RICHARD F. Mr. President, it took the Senate the entire month of June to pass S. Res. f CEBULL TO BE UNITED STATES DISTRICT JUDGE 120, a very simple resolution in which PLEDGE OF ALLEGIANCE we organized our committees. As one The ACTING PRESIDENT pro tem- The Honorable JON S. CORZINE led the Senator, I am sorry we lost the month pore. Under the previous order, the Pledge of Allegiance, as follows: of June to the process of reorganizing Senate will now go into executive ses- I pledge allegiance to the Flag of the the Senate, but I am proud of the very sion to consider en bloc Executive Cal- United States of America, and to the Repub- quick start of the Judiciary Committee endar Nos. 250, 245, and 246, which the lic for which it stands, one nation under God, on holding hearings and reporting clerk will report. indivisible, with liberty and justice for all. nominees. f The legislative clerk read the nomi- nations of Roger L. Gregory, to be I sent out official notice of the com- APPOINTMENT OF ACTING United States Circuit Judge for the mittee’s first hearing on judicial nomi- PRESIDENT PRO TEMPORE Fourth Circuit; Sam E. Haddon, to be nations within 10 minutes after the The PRESIDING OFFICER. The United States District Judge for the majority leader announced an agree- clerk will please read a communication District of Montana; and Richard F. ment had been reached on reorganiza- to the Senate from the President pro Cebull, to be United States District tion. The hearing on judicial nomina- tempore (Mr. BYRD). Judge for the District of Montana. tions was held the very first day after The legislative clerk read the fol- The ACTING PRESIDENT pro tem- committee membership assignments lowing letter: pore. The Senator from Nevada is rec- were completed earlier this month. U.S. SENATE, ognized. We expedited committee consider- PRESIDENT PRO TEMPORE, Mr. REID. Mr. President, I ask unan- ation of the nominees by urging all Washington, DC, July 20, 2001. imous consent that whatever time I Senators to propound such followup To the Senate: consume not be charged against the written questions as they thought nec- Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby two managers of these nominations. essary as soon as possible after the appoint the Honorable JON S. CORZINE, a The ACTING PRESIDENT pro tem- hearing. I included them on the com- Senator from the State of New Jersey, to pore. Without objection, it is so or- mittee agenda for our business meeting perform the duties of the Chair. dered. this week.

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

S7987

. S7988 CONGRESSIONAL RECORD — SENATE July 20, 2001 At that meeting yesterday, the Judi- Again, the committee scheduled no Committee for all recent admittees to ciary Committee voted unanimously to hearing for him. Judge Beaty waited a the State bar. report each of the judicial nomina- period of 34 months without a hearing. Judge Gregory was very active in tions. Each vote was 19–0, and the other President Clinton tried again in 1999, community and bar activities before he nominations on the calendar were nominating another African-American, took the bench, including service on voice voted. James Wynn. Judge Wynn, a North the board of directors of the Central These are the first judicial nomina- Carolina Court of Appeals judge, was Virginia Legal Aid Society, the Rich- tions heard before the committee, the also denied a hearing before the com- mond Bar Association, and the Vir- first judicial nominations considered mittee, but President Clinton sent him ginia Association of Defense Attorneys. by the committee, and they will now be back to the Senate one more time to His life and career have been exem- the first judicial nominations consid- give the Senate one more opportunity plary and his qualifications for this po- ered by the Senate this year. to hear him at the start of the 107th sition are stellar. His service on the I have only served as chairman of the Congress in January of this year. After bench since his appointment has been Judiciary Committee since June 5, the pending for a total of 16 months with- uniformly praised. He conducted him- Senate did not adopt its reorganizing out a hearing, Judge Wynn’s nomina- self with distinction at his confirma- resolution until June 29, and com- tion was among those withdrawn by tion hearing this month. mittee assignments were not made President Bush in March of this year. Based on all these considerations, it until July 10. So we have been moving Roger Gregory was initially nomi- seems appropriate that Judge Greg- pretty rapidly since the Senate allowed nated, as I noted, over a year ago. Like ory’s nomination be the first consid- us to go forward. the others, his nomination languished ered by the committee and the Senate There were no hearings on judicial without a hearing. Because there was this year. nominations and no judges confirmed no action taken by the Senate on Mr. As I said before, I commend my good by the Senate during the months in Gregory’s nomination, President Clin- friend, the senior Senator from Vir- which I was privileged to serve as the ton used his powers of recess appoint- ginia, Mr. WARNER, as well as the dis- ranking Democrat. I chaired the first ment to make Roger Gregory the first tinguished Senator, Mr. ALLEN, and hearing on July 11. That was the first African-American judge to sit on the Representative BOBBY SCOTT when they hearing on judicial nominations all Fourth Circuit and sent his nomination appeared before the committee earlier year. for a permanent position on that court this month to urge Judge Gregory’s The first judge we confirm today will back to the Senate at the beginning of confirmation, giving him their bipar- be the first judge confirmed in the this year. tisan stamp of approval. 107th Congress. I heard the rumors that President Bush initially withdrew At our hearing, Senator WARNER, those on our side of the aisle would not Judge Gregory’s nomination in March, who is truly the gentleman of the Sen- hold hearings and would not consider but after careful reconsideration, ate, as we all know, was characteris- any of President Bush’s judicial nomi- President Bush—and I applaud him for tically generous in praising Senator nations. We even heard some words this—sent Judge Gregory’s name back Robb and Governor Wilder for their ef- that the Democrats might block all to us in May. Again, he had the strong forts on behalf of Roger Gregory as judges. Of course, we demonstrated support of both Senators from Vir- well. very clearly that is not the case. ginia. I add my praise of both Presidents, We set a pace, one of the fastest During this time, Virginia was rep- one a Democrat and one a Republican. paces I have seen in my 25 years on the resented by three different Senators, I praise President Bush for doing the committee under both Democratic and two of whom I am privileged to serve right thing in this case. President Bush Republican Chairs. We held a hearing with today—one Democrat, two Repub- deserves great credit for renominating noticed minutes after the Senate’s re- licans. All three strongly supported Judge Gregory and allowing the Senate organization. We proceeded with nomi- Judge Gregory. To their credit, all a third chance to consider and confirm nees of both the court of appeals and three resisted political importuning this outstanding nominee. Senator district court the day after committee from either side. ALLEN served with distinction both as assignments were made. We proceeded This makes Judge Gregory actually Governor of the State of Virginia and with expedited committee consider- one of the few nominees ever to be now as U.S. Senator from Virginia and ation yesterday. We are proceeding nominated for the same position by knows well the qualifications. today with Senate consideration of Presidents of different parties. He is in Then we have two nominees to the what I hope will be the confirmation of the unique position of serving by district court in Montana. They are the first of President Bush’s nomina- means of an appointment whose term both well qualified and well respected. tions. expires at the end of this session of the My two friends from Montana, the two First is the nomination of Judge Senate unless his nomination to a full Senators from Montana, came to me Roger Gregory. I know Judge Gregory, lifetime appointment is acted upon be- and asked if we could move these his family, and indeed all the people fore we adjourn this year. judges forward. I thought they had who live in the area covered by the Judge Gregory received his B.A. in done what is a model. They worked to- United States Court of Appeals for the 1975 from Virginia State University gether with the White House to get two Fourth Circuit, have been waiting a and his juris doctorate from the Uni- well-qualified judges. Senator BAUCUS long time for this day. versity of Michigan in 1978. Prior to his and Senator BURNS both told me the Judge Gregory was first nominated appointment to the Fourth Circuit, he same thing on different occasions: for this position in June 2000—more was active in private practice in Vir- They had a desperate need for judges. than a year ago. He has the strong bi- ginia. They had one judge handling far more partisan support of both his home His law practice was a mix of civil than they should have to, sort of home State Senators, John Warner and and criminal in both State and Federal alone. They said, please send somebody Chuck Robb, but no hearing was ever courts, including criminal defense, per- to help. scheduled on President Clinton’s nomi- sonal injury, domestic cases, real es- Recommended to the President, and nation of Roger Gregory. tate, work as general counsel for an the President to us, Richard Cebull is President Clinton’s attempts to fill a urban school district, and defense cases currently a United States Magistrate number of vacancies on the Fourth Cir- for large insurance companies and for the District Court of Montana. He cuit met with resistance, delaying the large corporations such as General Mo- spent his career in private practice be- inevitable integration of the court. tors and K Mart. He was an active liti- fore his appointment as a magistrate. Judge Beaty, a U.S. district court gator. Judge Cebull received a unanimous judge for the Middle District of North He also taught as adjunct professor well-qualified rating from the ABA Carolina, was nominated by President of constitutional law at Virginia State Standing Committee on the Federal Clinton 6 years ago, in December of University. He was a member of the Judiciary, where the ABA has been 1995, but he never received a hearing. faculty of the Virginia State Bar Eth- helpful to us, to Senators BAUCUS and Judge Beaty was renominated in 1997. ics and Professional Responsibility BURNS, as well as the White House. July 20, 2001 CONGRESSIONAL RECORD — SENATE S7989 Judge Cebull is a native of Billings, state Senators, MAX BAUCUS and practice and as a federal magistrate Montana. He received his B.S. from CONRAD BURNS, who each testified en- judge. Mr. Haddon has also developed Montana State University in 1966, and thusiastically on behalf of these nomi- considerable expertise in a broad range his J.D. from the University of Mon- nees at their July 11 hearing. The Sen- of litigation topics—both at the trial tana Law School in 1969. Before his ap- ators from Montana also echoed the and appellate levels. These judges will pointment as a magistrate, Judge plea we had heard from Chief Judge not only perform their duties with dis- Cebull spent his career in private prac- Molloy, who is the only active Judge tinction, but also will help ease the ex- tice in Billings, litigating civil cases for the District of Montana, to quickly cessive caseload currently being han- with an emphasis on insurance defense confirm these nominees. dled by Montana’s single full-time fed- and medical malpractice defense. I hope the Senate will respond to eral district judge. He was active in trial lawyer associa- their plea and approve these nomina- So, Mr. President, we have three tions and a speaker at CLE programs tions today. Confirmation of these solid nominees before the Senate, and I on practical litigation issues. He also nominations for Montana will dem- hope and expect that all of them will served as a member of the Montana onstrate that the Senate can act be confirmed today. I also want to take Pattern Jury Instruction Commission, promptly on consensus nominees with this opportunity to thank Chairman which wrote civil jury instructions for broad bipartisan support. When the LEAHY for moving these nominees. I Montana courts, and was Chairman of White House works closely with home- must note, however, that there are ten the Civil Justice Reform Act Advisory state Senators of both parties, with other judicial nominees who have been Group, which wrote the District of both Democrats and Republicans, Sen- pending before the committee for more Montana Local Rules. For a short time ate consideration is made much easier. than two months without even a hear- in the 1970’s, he served as a Trial Judge I commend Senators BAUCUS and ing. I urge Senator LEAHY to move for- in the Northern Cheyenne Tribal BURNS for their constructive approach ward expeditiously on these and the re- Court, presiding over criminal trials of to filling the vacancies that were maining 26 judicial nominees pending tribal members charged with violating plaguing their District Court. before the committee. tribal ordinances. He has also served as I am happy to support these two I ask unanimous consent the distin- a settlement master in a variety of nominees for the District Court in guished senior Senator from Virginia civil cases. Judge Cebull received a Montana as well as Roger Gregory for be permitted to speak for 5 minutes, unanimous ‘‘Well Qualified’’ rating the U.S. Court of Appeals for the and then the distinguished Senator from the ABA’s Standing Committee Fourth Circuit, and hope to be able to from Virginia, Mr. ALLEN, be permitted on the Federal Judiciary. support many more of the President’s to speak for 5 minutes, and the remain- Sam Ellis Haddon is an attorney in judicial nominees. ing time be given to the distinguished private practice in Missoula, Montana. The ACTING PRESIDENT pro tem- Senator from Montana. Mr. Haddon is a 1959 graduate of Rice pore. The Senator from Nevada. The ACTING PRESIDENT pro tem- University and received his J.D. in 1965 Mr. REID. Mr. President, I know pore. Without objection, it is so or- from the University of Montana School there is tremendous interest in these dered. of Law. He was an immigration patrol The Senator from Virginia. nominees involving two States and a Mr. WARNER. Mr. President, I thank inspector for the U.S. Border Patrol, number of Senators. However, we have and a criminal investigator for the the distinguished managers. Indeed, we received a number of inquiries and we Federal Bureau of Narcotics. His legal are fortunate here in the Senate to will not be able to extend the time. career has been spent in private prac- have two such outstanding Senators to People are waiting. If there is a request tice, focusing primarily on civil litiga- head up the very important Judiciary to extend the time for additional tion in a variety of areas of law. Committee because the third branch of He has been very active in bar activi- speakers this morning, I will have to our government is the Federal judici- ties and Montana Supreme Court com- object. ary. The ACTING PRESIDENT pro tem- missions over the years. His many Throughout the nearly 23 years I memberships include the ABA, the pore. The Senator from Utah. have been privileged to serve as a Mr. HATCH. Mr. President, I am ex- American College of Trial Lawyers, the United States Senator, I have taken a tremely pleased that the Senate today American Academy of Appellate Law- very active and conscientious role in will consider the first of President yers, the American Judicature Society, making recommendations to our Presi- Bush’s nominees for the federal judici- the American Law Institute, and he is dents for nominees to serve on the Fed- a fellow of the American Bar Founda- ary. The three nominees are Judge eral judiciary. tion. Roger Gregory for the United States We are at a historic moment here As a young attorney he was active in Court of Appeals for the Fourth Cir- today with Judge Gregory, as we are the Montana State Bar, and later on cuit, and Judge Richard Cebull and Mr. about to confirm the first African- served on an advisory commission Sam Haddon for the United States Dis- American Judge to the United States making recommendations to the trict Court for the District of Montana. Court of Appeals on the Fourth Circuit. State’s Supreme Court about the My review of these nominees has con- Virginia, and indeed all the States standards for admission to practice in vinced me that they will serve the judi- within the Fourth Circuit, is diverse in Montana. He was also chair of a com- ciary with competence, fairness, and its citizenry. Our Judiciary should re- mission to study and suggest revisions honor. Judge Gregory’s extensive legal flect the broad diversity of the citizens to the State’s laws of evidence, and experience, character, and good judg- it serves. since 1986 has served on the Montana ment make him an excellent choice for Accordingly, I had the privilege and Supreme Court’s Commission on Prac- the Fourth Circuit Court of Appeals. the honor of recommending to Presi- tice, screening and hearing ethics com- His nomination by President Bush— dent Reagan the first African-Amer- plaints against attorneys admitted in with the hard work and support of Sen- ican in the nearly 200 year history of the State. ators WARNER and ALLEN—is well de- the Commonwealth of Virginia to serve For the last five years he has served served. It is also, by the way, a clear on the Federal bench. That judge, as the chair of this Commission. Mr. gesture of bipartisanship by President Judge James Spencer, a United States Haddon has been an adjunct instructor Bush, which is unprecedented in mod- district judge, has served with great at the University of Montana Law ern times. distinction. School for nearly 30 years, teaching The two nominees for the District of I also had the privilege and honor of contracts, professional responsibility Montana also demonstrate the rewards recommending to the first President and trial practice. Like Judge Cebull, of bipartisanship. Judge Cebull and Mr. Bush, the first woman to serve on the Mr. Haddon also received a unanimous Haddon enjoy the support of both Mon- United States District Court in the ‘‘Well Qualified’’ rating from the ABA’s tana senators—Republican Senator Commonwealth of Virginia, Ms. Re- Standing Committee on the Federal BURNS and Democrat Senator BAUCUS. becca Smith. Judge Smith, likewise, Judiciary. And it’s easy to see why. Judge Cebull has served with great distinction. Judge Cebull and Sam Haddon are has an outstanding record as a lawyer And, today, the Senate will confirm both strongly supported by their home- with 28 years of experience in private Judge Gregory and another chapter of S7990 CONGRESSIONAL RECORD — SENATE July 20, 2001 history is documented between the In fact, of the 11 active judges cur- I have known the judge since his college Commonwealth of Virginia and the rently on the court, I have participated days at Virginia State University through Federal judiciary. in and supported the confirmation of 10 the present. I have known him as a student, I remember very well when Roger of these judges. Only Judge Widener, law partner and friend. I know that he enjoys a splendid reputation with bench and bar, as Gregory’s name first came to the who was confirmed in 1972 and who is a well as, being an integral part of the commu- United States Senate. I had not known jurist I have come to know and greatly nity at state and local events. His devotion him directly, and shortly after he was respect, has a confirmation that pre- to family and civic responsibilities is out- nominated, I quickly made arrange- ceded my Senate service. standing and his character is beyond re- ments to confer with him. Roger Gregory has been a respected proach. Impartiality, integrity and resource- Soon, we established a close profes- member of the Virginia bar since 1980. fulness will guide him in his decision mak- sional relationship and personal friend- He has worked for one of Virginia’s ing. I am confident he will make a very lasting ship; I have stood by his side ever since most respected law firms, Hunton & contribution to his state and country and through a rather challenging and un- Williams, and he co-founded his own again many thanks for making this happen. usual process of confirmation. firm in 1982 with Governor Doug Wild- Sincerely, Judge Gregory is eminently qualified er. Judge Gregory is well known as a L. DOUGLAS WILDER, for a lifetime judgeship on the Fourth skilled litigator. Former Governor of Virginia. Circuit. Judge Gregory, I believe, also has the Former Governor of Virginia, Gov- requisite judicial temperament. Many, JULY 20, 2001. ernor Douglas Wilder, the only African- if not all Senators are concerned about Hon. JOHN W. WARNER, Senator, U.S. Senate, American in the history of the United judicial activism. The Judiciary’s role Russell Senate Office Building, Washington, States in this century to serve as chief is to interpret the law, not to make DC. executive of one of our States, ad- law. Judge Gregory assured me he will DEAR SENATOR WARNER: I am very pleased dressed a letter to me, my colleague follow this traditional, constitutional, to see that the Senate has Scheduled a vote Senator ALLEN, and Congressman role. on confirming Judge Roger Gregory’s ap- SCOTT, in support of Judge Gregory. I From my conversations with Judge pointment to the United States Court of Ap- would like to read portions of this let- Gregory, and based on his judicial peals for the Fourth Circuit. I want to take this opportunity to express my great appre- ter into the RECORD. I submit the letter questionnaire, I am confident that he ciation for all of your dedication and com- in its entirety for the RECORD. Al- recognizes the importance of the sepa- mitment to getting Judge Gregory ap- though the House of Representatives is ration of powers laid out in our Con- pointed, reappointed, considered and con- not directly involved in the judicial stitution. firmed. confirmation proceedings, Members do Mr. President, Judge Roger Gregory As you know, Judge Gregory is from Rich- play an active role. I thank Congress- is obviously a very accomplished mond, Virginia—a part of which is in the Third Congressional District which I rep- man SCOTT for his strong support American. He is well qualified to con- resent. His nomination to the Fourth Circuit throughout the Gregory confirmation tinue service on this important court, Court of Appeals is a source of pride for all process. And, I also submit a letter of and I am certain that he will continue Virginians. support from Congressman SCOTT to be to serve on this court with honor, in- Judge Gregory has stellar professional and printed in the RECORD. tegrity, and distinction. legal credentials. He is a summa cum laude Governor Wilder stated: It is time to confirm Judge Gregory graduate of Virginia State University and a Gentlemen: I first want to thank you for to a lifetime appointment. I urge my graduate of the University of Michigan the strong and unwavering support relative colleagues to support this fine nominee School of Law. After practicing with two law to the nomination of Roger L. Gregory for a for confirmation. firms, he became a founding member and managing partner of the law firm of Wilder position on the United States Fourth Circuit I ask unanimous consent that the Court of Appeals. It has been invaluable in and Gregory in Richmond. letter from former Governor Doug Judge Gregory is truly a consensus can- the process. Wilder and a letter form Congressman didate for a permanent appointment to the I also want to thank the Chairman of the Fourth Circuit Court of Appeals. He has bi- Judiciary Committee, Senator Leahy . . . as BOBBY SCOTT be printed in the RECORD. partisan support from members of the Vir- well as the former Chairman, Senator Hatch, There being no objection, the letters ginia Congressional Delegation, the Gov- for the courtesies extended to the nominee. were ordered to be printed in the ernor and other political leaders from Vir- I also commend Senator Charles S. Robb RECORD, as follows: ginia. He also has the support of many orga- for starting the process by recommending LAURENCE DOUGLAS WILDER, nizations and individuals across Virginia and Judge Gregory to President Clinton for the Richmond, VA, July 6, 2001. beyond. And as a judge sitting on the Fourth bench. Needless to say, there are a number of Hon. JOHN WARNER, Circuit Court of Appeals for the past several persons who have played a pivotal role in U.S. Senate, Russell Senate Office Building, months, he has earned the respect of his col- bringing this nomination to this point; but Washington, DC. leagues on the bench. none more outstanding than the nominee Hon. GEORGE ALLEN, I have known Judge Gregory for over 20 himself. I have long felt confident that once U.S. Senate, Russell Senate Office Building, years and have worked with him in several a hearing was in place, others would more Washington, DC. organizations, including the Old Dominion widely see the sterling qualification of the GENTLEMEN: I first want to thank you for Bar Association. I am confident that he will individual . . . the strong and unwavering support relative distinguish himself and Virginia as a mem- I have known the judge since his college to the nomination of Roger L. Gregory for a ber of the Court. days at Virginia State University through position on the United States Fourth Circuit With your continued able leadership, Judge the present. I have known him as a student, Court of Appeals. It has been invaluable in Gregory will have an excellent chance for law partner and friend. I know that he enjoys the process. confirmation, and, again, I thank you. a splendid reputation with the bench and I also want to thank the Chairman of the Very truly yours, bar, as well as, being an integral part of the Judiciary Committee, Senator Leahy, for ROBERT C. ‘‘BOBBY’’ SCOTT, community at state and local events. His de- scheduling the hearings as well as the former Member of Congress. votion to family and civic responsibilities is Chairman, Senator Hatch, for the courtesies The ACTING PRESIDENT pro tem- outstanding and his character is beyond re- extended the nominee. proach. Impartiality, integrity and resource- I also commend Senator Charles S. Robb pore. The junior Senator from Virginia. fulness will guide him in his decision mak- for starting the process by recommending Mr. ALLEN. Mr. President, I thank ing. Judge Gregory to President Bill Clinton for my colleague, JOHN WARNER, for his re- I am confident he will make a very lasting the bench. Needless to say, there are a num- marks. I reflect on the first statement contribution . . . ber of persons who have played a pivotal role I made on this Senate floor on January Mr. President, over the history of the in bringing this nomination to this point; 25 when I rose to address the appoint- Fourth Circuit, there has been a total but none more outstanding than the record ment of Roger Gregory to the United of 41 judges who have served on the of the nominee himself. I have long felt con- States Court of Appeals for the Fourth court. Throughout my 23 years in the fident that once a hearing was in place, oth- Circuit. When I spoke, I asked my col- ers would more widely see the sterling quali- United States Senate, I have had the fication of the individual. I regret very much leagues to move the nomination of honor of participating in the Senate’s that due to a previously scheduled vacation Judge Gregory on the basis of his ‘‘advise and consent’’ constitutional starting last Saturday, I will not be in the qualifications. I asked my colleagues, role for 16 of these judges. country to witness and attest in this regard. and indeed the President, to not view July 20, 2001 CONGRESSIONAL RECORD — SENATE S7991 Roger Gregory based upon the former laws enacted by legislators which course, but I want to extend special President’s political manipulations. ought to be upheld and respected by recognition to my staff member, Chris- Fortunately, President Bush has the courts. tian Yiahilos, who has been untiring in heeded my advice and the advice of my I commend the chairman, Chairman his efforts in research and other mat- good friend and colleague, Senator PATRICK LEAHY, the Senator from ters relating to this nomination. I JOHN WARNER, who stood with me on Vermont, and Senator HATCH for the think we ought to recognize the valu- that first speech back in January. For- dispatch in which they have moved the able support we get from staff, includ- tunately, President Bush has acted. nomination of Roger Gregory. Let me ing my chief of staff, Susan Magill. As a Virginian and as an American, I congratulate President Bush for the Mr. REID. Mr. President, this is truly am proud to rise again today in sup- confidence and good judgment he has a historic day for the Senate. port of the confirmation of Judge shown in nominating Judge Gregory to For the first time in our history, this Roger Gregory. I am also proud to see be the first African-American to hold a body will confirm an African American that Members of both parties in the permanent seat on the Fourth Circuit to serve on the United States Court of Senate and President Bush have risen U.S. Court of Appeals. Appeals for the Fourth Circuit. above the past procedural aggravation Judge Roger L. Gregory is an exem- The fact that the Fourth Circuit is and have acted in a statesmanlike plary citizen of the Commonwealth of home to the highest percentage of Afri- manner. It is my belief that in Roger Virginia. He has a sense of the properly can American residents than all of the Gregory the Fourth Circuit and indeed restrained role of the judiciary and is Circuit Courts of Appeals makes this America have a well-respected and eminently qualified to serve with dis- day even more historic. honorable jurist who will administer tinction for many years, many decades More importantly, however, the man justice with integrity and dignity. He to come. that the Senate has confirmed to the will, in my judgment, decide cases I respectfully ask my colleagues to Fourth Circuit is truly deserving of based upon and in adherence to duly join me in confirming Judge Gregory this honor. adopted laws and the Constitution. to the U.S. Court of Appeals for the Roger Gregory is not only a fine legal He is the first African-American to Fourth Circuit. jurist, he is a good, decent man. serve on the Fourth Circuit Court of The ACTING PRESIDENT pro tem- I commend President Clinton for hav- Appeals. This is a good and historic pore. The Senator from Montana is rec- ing the courage to make a recess ap- vote we are about to take. I share the ognized. pointment of Roger Gregory last year. salient reasons I support Roger Greg- Mr. BURNS. Mr. President, first I I also commend President Bush for ory, whom we are about to vote to con- thank the President of the United showing leadership by reappointing firm. We hear a lot of inspirational sto- States for his selection, moving the Judge Gregory earlier this year. I congratulate the Senate Judiciary ries. Yesterday, in the Small Business two judges from Montana; I thank Sen- Committee for its quick and unani- Administration hearings on the nomi- ator LEAHY, my good friend; we have mous action with respect to this nomi- nation of Hector Barreto Jr., JOHN EN- served together in a lot of different ca- nation. SIGN and I thought what an inspira- pacities, it seems, over the last 12 Last year, I had the privilege and tional story about that young man and years; and my good friend Senator honor of recommending the first Afri- his father who came to this country. HATCH, on the Judiciary Committee, can American woman to serve on the What a success story. for having the hearings and moving U.S. Court of Appeals for the Ninth Roger Gregory is an inspirational them very quickly. Also, I thank my Circuit. story, as well. Judge Roger Gregory is good friend from Montana, Senator Judge Johnnie Rawlinson has served a testament to what can be achieved in BAUCUS. We worked together in order the Ninth Circuit with distinction, and America through hard work and per- to get these two judges appointed and I cannot begin to tell you how proud I sonal determination. He is the first confirmed because the workload of the am, as are so many other fellow Nevad- person in his family to finish high one judge in Montana is very high ans. school. He went on to graduate summa right now. Roger Gregory will also bring honor cum laude from Virginia State Univer- I had the honor of presenting both and distinction to the United States sity, where his mother had once Sam Haddon and Richard Cebull to the Court of Appeals, and I wish him and worked as a maid. Before his inves- Judiciary Committee, and now I have his family all the best. titure as a judge, he was a founding the high honor of speaking for them I also congratulate Sam Haddon and partner of the firm of Wilder & Greg- here on the floor of the Senate. They Richard Cebull on their confirmation ory, a highly respected litigator rep- are without a doubt among Montana’s to the United States District Court for resenting municipal and corporate cli- finest. They are men of the land, but the District of Montana. ents in the Richmond area. He has been they are also men of the law. They The Haddon and Cebull nominations active in civic and community affairs. come with the highest ratings from were also reported out of the Senate He and I both served together on the their peers, and they fully understand Judiciary Committee by a unanimous board of the Historic Riverfront Foun- equal justice under law. vote. dation in Richmond. He has an AV rat- Both are outdoorsmen. Both have la- Mr. President, this is so important, ing in Martindale-Hubbell, which is the bored in the vineyards, so to speak, of because it highlights what the nomina- highest combined legal ability and gen- their profession, and I highly rec- tion and confirmation process should eral recommendation rating given to ommend their confirmation. I thank be—bipartisan. lawyers. them for their willingness to serve the There are too many vacancies in the What is most important to me, what judiciary system, and I congratulate Federal judiciary, and Democrats and truly impressed me, is he has a proper them and wish them well in their en- Republicans—the Senate and the White judicial philosophy. He understands deavors. House—must work together in a bipar- that the role of the judiciary is to ad- I have no doubt in my mind, and nei- tisan fashion for the benefit of the fed- minister the law based on the facts and ther should anyone in this body or the eral judiciary and, ultimately, the the evidence, administering the law, President of the United States, that American people. not legislating from the bench. He will these two men will serve in the highest That is precisely what happened with follow the rule of law, not participate— traditions of the American judiciary. I these two highly qualified judges from in his words—in an activist court as re- congratulate them. Montana, a State that boasts a Demo- sult-oriented judges are very dan- I yield the floor. cratic Senator in MAX BAUCUS and a gerous. The ACTING PRESIDENT pro tem- Republican in CONRAD BURNS. In particular, I also think it is impor- pore. The Senator from Virginia. These two Senators, working closely tant he understands, and stated to me Mr. WARNER. Mr. President, I ask with President Bush and the White an understanding of our Federal sys- unanimous consent I may speak for 30 House, put aside party differences for tem, that the States have broad pre- seconds. the benefit of the federal judiciary in rogatives and you apply the Constitu- Throughout this procedure I worked Montana—and ultimately the people of tion and you do not easily overrule the hard in this case for Roger Gregory, of Montana. S7992 CONGRESSIONAL RECORD — SENATE July 20, 2001 They should be commended. [Rollcall Vote No. 244 Ex.] [Rollcall Vote No. 245 Ex.] The relationship between Senator YEAS—93 YEAS—95 BAUCUS and Senator BURNS reminds me Akaka Durbin McConnell Akaka Edwards McConnell of what Senator ENSIGN and I have Allard Edwards Mikulski Allard Ensign Mikulski committed to do for the benefit of Ne- Allen Ensign Miller Allen Enzi Miller Baucus Enzi Murkowski Baucus Feingold Murkowski vada’s federal bench. Bayh Feingold Murray Bayh Feinstein Murray Recently, Senator ENSIGN rec- Bennett Feinstein Nelson (FL) Bennett Fitzgerald Nelson (FL) ommended to President Bush several Biden Fitzgerald Nelson (NE) Biden Frist Nelson (NE) candidates for the federal bench in Ne- Bingaman Frist Nickles Bingaman Graham Nickles Boxer Graham Reed Boxer Gramm Reed vada: State District Judges Mark Gib- Bunning Gramm Reid Bunning Grassley Reid bons and Jim Mahan, Las Vegas attor- Burns Grassley Roberts Burns Gregg Roberts ney Walter Cannon, and former Washoe Byrd Gregg Rockefeller Byrd Hagel Rockefeller County District Attorney Larry Hicks. Campbell Hagel Santorum Campbell Harkin Santorum Cantwell Harkin Sarbanes Cantwell Hatch Sarbanes Senator ENSIGN and I discussed every Carnahan Hatch Schumer Carnahan Helms Schumer candidate before they were rec- Carper Helms Sessions Carper Hollings Sessions ommended to President Bush, and I Chafee Hollings Shelby Chafee Hutchinson Shelby fully support his selections. Cleland Hutchinson Smith (NH) Cleland Hutchison Smith (NH) Clinton Hutchison Smith (OR) Clinton Inouye Smith (OR) It has truly been a bipartisan ap- Cochran Inouye Snowe Cochran Jeffords Snowe proach with respect to the Federal Collins Jeffords Specter Collins Johnson Specter bench in Nevada. Conrad Johnson Stabenow Conrad Kennedy Stabenow Mr. President, that is how it should Corzine Kennedy Stevens Corzine Kerry Stevens Craig Kerry Thomas Craig Kohl Thomas be. Crapo Kohl Thompson Crapo Kyl Thompson The ACTING PRESIDENT pro tem- Daschle Kyl Thurmond Daschle Landrieu Thurmond pore. The Senator from Utah. Dayton Landrieu Torricelli Dayton Leahy Torricelli Mr. HATCH. I am prepared to yield DeWine Leahy Voinovich DeWine Levin Voinovich Dodd Levin Warner Dodd Lieberman Warner the remainder of my time. I know we Domenici Lieberman Wellstone Domenici Lincoln Wellstone are committed to a vote. Dorgan Lugar Wyden Dorgan Lott Wyden Mr. LEAHY. Mr. President, I will Durbin Lugar NAYS—1 yield back whatever time I may have, NOT VOTING—5 Lott but first I ask unanimous consent it be Bond Brownback McCain in order to ask for the yeas and nays on NOT VOTING—6 Breaux Inhofe the three judicial nominations and ask Bond Brownback Lincoln The nomination was confirmed. for the yeas and nays on all three of Breaux Inhofe McCain Mr. LEAHY. I move to reconsider the them en bloc now. The nomination was confirmed. vote. The ACTING PRESIDENT pro tem- Mr. LEAHY. Madam President, I Mr. BAUCUS. I move to lay that mo- pore. Without objection, it is so or- move to reconsider the vote. tion on the table. dered. Mrs. BOXER. I move to lay that mo- The motion to lay on the table was Mr. LEAHY. Mr President, I ask for tion on the table. agreed to. the yeas and nays. The PRESIDING OFFICER. Under The ACTING PRESIDENT pro tem- The motion to lay on the table was the previous order, the Senate will now pore. Is there a sufficient second? agreed to. There is a sufficient second. Mr. LEAHY. Madam President, I un- proceed to vote on Executive Calendar The yeas and nays were ordered. derstand the next two votes are 10- No. 246. Mr. LEAHY. I yield my time. minute votes. The question is, Will the Senate ad- The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The Sen- vise and consent to the nomination of pore. All time is yielded back. Under ator is correct. Richard F. Cebull, of Montana, to be the previous order, the Senate will now Mr. LEAHY. This Senator will ask United States District Judge for the proceed to vote on Executive Calendar for regular order as soon as the 10 min- District of Montana? On this question, No. 250. utes is up. the yeas and nays have been ordered. The question is, Will the Senate ad- The PRESIDING OFFICER. Under The clerk will call the roll. vise and consent to the nomination of the previous order, the Senate will now The assistant legislative clerk called Roger L. Gregory, of Virginia, to be proceed to vote on Executive Calendar the roll. United States Circuit Judge for the No. 245. Mr. REID. I announce that the Sen- Fourth Circuit? On this question, the The question is, Will the Senate ad- ator from California (Mrs. BOXER), the yeas and nays have been ordered. The vise and consent to the nomination of Senator from Louisiana (Mr. BREAUX), clerk will call the roll. Sam E. Haddon, of Montana, to be a and the Senator from Georgia (Mr. The senior assistant bill clerk called U.S. District Judge for the District of MILLER) are necessarily absent. the roll. Montana? On this question, the yeas Mr. NICKLES. I announce that the Mr. REID. I announce that the Sen- and nays have been ordered, and the Senator from Missouri (Mr. BOND), the ator from Louisiana (Mr. BREAUX) and clerk will call the roll. Senator from Kansas (Mr. BROWNBACK), the Senator from Arizona (Mr. the Senator from Arkansas (Mrs. LIN- The legislative clerk called the roll. COLN) are necessarily absent. MCCAIN), and the Senator from Okla- Mr. REID. I announce that the Sen- I further announce that, if present homa (Mr. INHOFE) are necessarily ab- ator from Louisiana (Mr. BREAUX) is and voting, the Senator from Arkansas sent. necessarily absent. (Mrs. LINCOLN) would vote ‘‘aye.’’ I further announce that, if present Mr. NICKLES. I announce that the Mr. NICKLES. I announce that the and voting, the Senator from Okla- Senator from Missouri (Mr. BOND), the Senator from Missouri (Mr. BOND), the homa (Mr. INHOFE) would vote ‘‘yea.’’ Senator from Kansas (Mr. BROWNBACK), Senator from Kansas (Mr. BROWNBACK), The PRESIDING OFFICER. Are there the Senator from Oklahoma (Mr. the Senator from Oklahoma (Mr. any other Senators in the Chamber de- INHOFE), and the Senator from Arizona INHOFE), and the Senator from Arizona siring to vote? (Mr. MCCAIN) are necessarily absent. (Mr. MCCAIN) are necessarily absent. The result was announced—yeas 93, I further announce that, if present I further announce that if present nays 0, as follows: and voting, the Senator from Okla- and voting, the Senator from Okla- [Rollcall Vote No. 246 Ex.] homa (Mr. INHOFE) would vote ‘‘yea.’’ homa (Mr. INHOFE) would vote ‘‘yea.’’ YEAS—93 The PRESIDING OFFICER (Ms. The PRESIDING OFFICER. Are there any other Senators in the Chamber de- Akaka Bennett Byrd STABENOW). Are there any other Sen- Allard Biden Campbell ators in the Chamber desiring to vote? siring to vote? Allen Bingaman Cantwell The result was announced—yeas 93, The result was announced—yeas 95, Baucus Bunning Carnahan nays 1, as follows: nays 0, as follows: Bayh Burns Carper July 20, 2001 CONGRESSIONAL RECORD — SENATE S7993 Chafee Gregg Nelson (FL) These are the first nominations back to the Senate one more time, at Cleland Hagel Nelson (NE) Clinton Harkin Nickles heard before the Committee, the first the start of the 107th Congress in Janu- Cochran Hatch Reed nominations considered by the Com- ary this year. After pending for a total Collins Helms Reid mittee and will now be the first judi- of 16 months without a hearing, Judge Conrad Hollings Roberts cial nominations considered by the Wynn’s nomination was among those Corzine Hutchinson Rockefeller Craig Hutchison Santorum Senate this year. I have only served as withdrawn by President Bush in March Crapo Inouye Sarbanes Chairman of the Judiciary Committee of this year. Daschle Jeffords Schumer since June 5, the Senate did not adopt Roger Gregory was initially nomi- Dayton Johnson Sessions its reorganizing resolution until June DeWine Kennedy Shelby nated, as I noted, over a year ago. Like Dodd Kerry Smith (NH) 29 and Committee assignments were the others, his nomination languished Domenici Kohl Smith (OR) not made until July 10. without a hearing last year. Because Dorgan Kyl Snowe There were no hearings on judicial there was no action taken by the Sen- Durbin Landrieu Specter nominations and no judges confirmed Edwards Leahy Stabenow ate on Mr. Gregory’s nomination, Ensign Levin Stevens by the Senate during the months in President Clinton used his powers of Enzi Lieberman Thomas which I was privileged to serve as the recess appointment to make Roger Feingold Lincoln Thompson Ranking Democrat. I chaired the first Feinstein Lott Thurmond Gregory the first African-American Fitzgerald Lugar Torricelli hearing on July 11. That was the first Judge to sit on the Fourth Circuit and Frist McConnell Voinovich hearing on judicial nominations all sent his nomination for a permanent Graham Mikulski Warner year and one more than the Republican position on that Court back to the Sen- Gramm Murkowski Wellstone Majority had held. The first judge we Grassley Murray Wyden ate at the beginning of this year. Un- confirmed today is one more than all NOT VOTING—7 fortunately, President Bush withdrew the judges confirmed by the Republican Judge Gregory’s nomination in March. Bond Brownback Miller Majority in the first six months of this After careful reconsideration, the Boxer Inhofe year. Breaux McCain President sent Judge Gregory’s name I had heard the rumors that Demo- back to us in May, again with the The nomination was confirmed. crats would not hold hearings and strong support of both Senators from Mr. LEAHY. Madam President, I would not consider any of President Virginia. This makes Judge Gregory move to reconsider the vote. Bush’s judicial nominations and would Mr. LEVIN. I move to lay that mo- one of the few nominees ever to be not allow the confirmation of any tion on the table. nominated by Presidents of different judges. The word was that Democrats The motion to lay on the table was parties. in the Senate would block all the agreed to. In addition, Judge Gregory is in the The PRESIDING OFFICER. The Sen- judges. Well, here we are, having held a hearing noticed minutes after the unique position of serving by means of ator from Arkansas. an appointment whose term would ex- Mrs. LINCOLN. Madam President, I delay in the Senate’s reorganization fi- nally ended, having proceeded with pire at the end of this session of the am sorry; I was absolutely unavoidably Senate, unless his nomination to a full detained. I did miss the first vote this nominees to both the Court of Appeals and the District Court the day after lifetime appointment had been acted morning by about 20 seconds and would upon before we adjourn this year. like to be on record in support of vote Committee assignments were made, Judge Gregory received his B.A. in No. 244. Had I been here, I would have having proceeded with expedited Com- 1975 from Virginia State University, voted in the affirmative for the nomi- mittee consideration yesterday and and his J.D. from the University of nation of Mr. Gregory. proceeding today to Senate consider- Mr. LEAHY. Madam President, I un- ation and what I hope will be confirma- Michigan in 1978. Until his appoint- derstand we are, by voice vote, going to tion of the first of President Bush’s ju- ment to the Fourth Circuit, he was in do two other nominees: Ralph F. Boyd, dicial nominations. private practice in Virginia. Mr. Greg- ory’s law practice was a mix of civil Jr., to be the Assistant Attorney Gen- NOMINATION OF JUDGE ROGER GREGORY eral in charge of the Civil Rights Divi- I know that Judge Roger Gregory, his and criminal, in both State and federal sion, and Eileen O’Connor to be the As- family, and indeed, all of the people courts, including criminal defense, per- sistant Attorney General for the Tax who live in the area covered by the sonal injury, domestic cases, real es- Division. United States Court of Appeals for the tate, work as general counsel for an It took the Senate the entire month Fourth Circuit have been waiting a urban school district, and defense cases of June to pass S. Res. 120, a simple long time for this day. Judge Gregory for large insurance companies and resolution reorganizing the Commit- was first nominated for this position in other corporations such as General Mo- tees. I am sorry that we lost the month June, 2000 more than a year ago. He tors and KMart. He was an active liti- of June to the process of re-organizing had the bipartisan support of both his gator, trying several cases a year. He the Senate, but I am proud of the very home-state Senators, JOHN WARNER also taught as an adjunct professor of quick start that the Committee has and Chuck Robb. Unfortunately, no constitutional law at Virginia State gotten on holding hearings and report- hearing was ever scheduled on Presi- University, and as a member of the fac- ing nominees. dent Clinton’s nominations of Roger ulty of the Virginia State Bar Ethics I sent out official notice of the Com- Gregory. and Professional Responsibility course mittee’s first hearing on judicial nomi- President Clinton’s attempts to fill a for all recent admittees to the State nations within 10 minutes after Major- number of vacancies on the Fourth Cir- bar. ity Leader DASCHLE announced that an cuit met with resistance, delaying the Judge Gregory was very active in agreement had been reached on reorga- inevitable integration of the court. community and bar activities before he nization. The hearing was held the day James Beaty, a U.S. District Court took the bench, including service on after Committee membership assign- Judge for the Middle District of North the Board of Directors of the Central ments were completed earlier this Carolina, was nominated by President Virginia Legal Aid Society, the Rich- month. Clinton in December of 1995, but he mond Bar Association, and the Vir- We expedited Committee consider- never received a hearing. Judge Beaty ginia Association of Defense Attorneys. ation of the nominees by urging all was renominated in 1997, and again, the He had often spoken to students and Senators to propound such follow-up Committee scheduled no hearing for churches. He has the strong endorse- written questions as they thought nec- him. Judge Beaty waited a period of 34 ments of the National Bar Association, essary as soon as possible after the months without a hearing. the Virginia Association of Defense At- hearing. I included them on the Com- President Clinton tried again in 1999, torneys, the Maryland Defense Counsel mittee agenda for our business meeting nominating another African-American, Board of Directors, and many others. this week. At that meeting yesterday, James Wynn. Judge Wynn, a North His life and career have been exem- the Judiciary Committee voted unani- Carolina Court of Appeals Judge, was plary and his qualifications for this po- mously to report each of the nomina- also denied a hearing before the Com- sition are stellar. His service on the tions. Each vote was 19 to 0. mittee, but President Clinton sent him bench since his appointment has been S7994 CONGRESSIONAL RECORD — SENATE July 20, 2001 uniformly praised. He conducted him- times. In the past 50 years, there has NOMINATION OF RALPH F. BOYD, self with distinction at his confirma- never been a case of which I am aware JR., OF MASSACHUSETTS, TO BE tion hearing this month. Based on all where a new President of one party has AN ASSISTANT ATTORNEY GEN- these considerations, it seems appro- re-nominated a circuit judge originally ERAL priate that Judge Gregory’s nomina- nominated by the previous President of tion be the first considered by the the other party. Committee and the Senate this year. NOMINATION OF EILEEN J. O’CON- I commended my good friend, the Chairman LEAHY also made some re- NOR, OF MARYLAND, TO BE AN senior Senator from Virginia, Senator marks about how quickly he scheduled ASSISTANT ATTORNEY GENERAL WARNER, as well as Senator ALLEN and Judge Gregory’s confirmation hearing. The PRESIDING OFFICER. Under Representative BOBBY SCOTT when they Indeed, he did so very soon after the the previous order, the Senate will now appeared before the Committee earlier Senate’s organizational resolution was proceed en bloc to consider and con- this month to urge Judge Gregory’s passed on June 29. However, this fact firm Executive Calendar No. 247 and No. 249, which the clerk will report. confirmation. I do so, again, here on does not accurately describe the en- the floor of the Senate. The broad, bi- The legislative clerk read the nomi- tirety of the Judiciary Committee’s partisan support for this nomination nations of Ralph F. Boyd, Jr., of Mas- has been extremely helpful. record on judicial nominees. Prior to sachusetts, to be an Assistant Attorney At our hearing Senator WARNER was the organizational resolution, Chair- General, and Eileen J. O’Connor, of characteristically generous in praising man LEAHY did not hold a single hear- Maryland, to be an Assistant Attorney Senator Robb and Governor Wilder for ing on any of President Bush’s execu- General. their efforts on behalf of Roger Greg- tive or judicial nominees. He implies The PRESIDING OFFICER. The ory, as well. I would also add my praise that he could not have held such hear- question is, shall the Senate advise and of two Presidents, one a Democrat and ings without the organizational resolu- consent to the nominations? one a Republican. President Clinton tion. But that is not true. Between The nominations are confirmed. first nominated Judge Gregory and June 5 and June 29, at least seven other Mr. LEAHY. Madam President, I when he appointed him to the bench move to reconsider the vote. Senate committees under Democratic Mr. BAUCUS. I move to lay that mo- broke a barrier that had extended too chairmen held a total of 16 confirma- tion on the table. long at the Fourth Circuit. tion hearings on 44 nominees. One com- The motion to lay on the table was President Bush deserves credit for re- mittee—Veterans’ Affairs—even held a agreed to. nominating Judge Gregory and allow- markup on a nomination. Further, the Mr. LEAHY. Madam President, we ing the Senate a third chance to con- lack of an organizational resolution did have moved very rapidly to consider sider and confirm this outstanding not stop Chairman LEAHY from holding matters before the Judiciary Com- nominee. hearings on such topics as the Federal mittee having noticed these hearings Mr. HATCH. Mr. President, just prior within minutes of the time the Senate to the vote on the nomination of Roger Bureau of Investigation, racial dispari- ties of capital punishment, and counsel reorganized, meeting within days. We Gregory, Chairman LEAHY made a cou- competency requirements for death have five nominations through this ple of comments that require a re- morning. sponse. penalty cases. We also had a sub- committee hearing on injecting polit- The PRESIDING OFFICER. The Sen- Let me make it clear that I agree ator from Montana. with President Bush’s judgment that ical ideology into the committee’s Mr. BAUCUS. Madam President, I Judge Gregory is well qualified to serve process of reviewing judicial nomina- rise to congratulate Sam Haddon and as a judge on the Fourth Circuit Court tions. From this record, it appears that United States Magistrate Judge Rich- of Appeals. I commend Senators WAR- the decision not to hold hearings on ard Cebull, whom the Senate today NER and ALLEN for their recommenda- nominees was simply a calculated tac- confirmed to serve as Montana’s U.S. tion of Judge Gregory to President tic to delay President Bush’s nominees. District Court judges. These confirma- Bush. The controversy over his nomi- The Judiciary Committee’s compara- tions are of great importance to my nation by President Clinton, and his tive lack of progress continues to this State of Montana. Currently only one recess appointment in December 2000, of our three judgeships is filled, which had nothing to do with his qualifica- day. Since the reorganization was com- pleted, other committees have consid- has placed a large burden on the shoul- tions. Rather, the controversy was over ders of our remaining judge, Don ered nominees at a much faster pace. President Clinton’s decision in late Malloy. June of 2000—in the last 6 months of For example, the Foreign Relations I thank the Judiciary Committee for his Presidency—to nominate a Virginia Committee on July 10 held a markup taking up these nominations in such a resident for a Fourth Circuit seat that on 16 nominees. In contrast, the Judici- timely manner, especially Senator has been regarded as belonging to ary Committee has considered only LEAHY who has been very helpful, and North Carolina. In doing so, the Presi- three of the pending Bush judicial Senator HATCH as well. I also thank dent could not have doubted that his nominees and only three Department them for putting up with the enthu- action would cause a great deal of dis- of Justice nominees. siasm of Senator BURNS and myself as cord in the Senate—especially because we, in some sense, pestered or hectored it was done without consultation with As of this morning, we have 111 va- the two Senators for getting up these both home-state senators. I worked cancies in the Federal district and cir- nominations so quickly. very hard to resolve the conflicts cre- cuit courts, including a number on the In addition, I thank the leader for ated by that nomination among the Fourth Circuit. I encourage Chairman scheduling these nominations to be various interested parties. Unfortu- LEAHY to start scheduling frequent confirmed this morning, at this time. nately, the discord was only amplified hearings and markups for these nomi- I could not think of two men who are by President Clinton’s recess appoint- nees. I look forward to working closely more qualified to serve as Montana’s ment that occurred after George Bush’s with him to review and confirm Presi- Federal judges than Sam Haddon and election as President. Magistrate Judge Cebull. We in Mon- dent Bush’s nominees in a timely fash- In my view, all these facts are now in tana tend to know each other, or if we ion. the past. President Bush, in a very sig- do not know each other personally, we nificant gesture aimed at changing the If Chairman LEAHY believes that I, as tend to know each other by reputation. tone in Washington, focused on Judge Chairman, did not move Clinton nomi- I know Sam Haddon. I know Richard Gregory’s qualifications and, with the nees and was unfair—which the facts Cebull. I also know their reputations. support of Senators WARNER and and the record clearly show other- They are sterling men and will serve as ALLEN, nominated Judge Gregory to a wise—then I would hope he would do first-rate, highly distinguished U.S. lifetime appointment. This was a clear the right thing and move nominees at Federal judges. gesture of bipartisanship by President Sam Haddon is a graduate of the Uni- a faster pace than I did. Bush which is unprecedented in modern versity of Montana Law School. After July 20, 2001 CONGRESSIONAL RECORD — SENATE S7995 serving with the Border Patrol and the as appropriations from the general Today, it is a tragic fact that Afri- Federal Bureau of Narcotics in the late fund. This funding level is higher than can-American children, ages 5 to 12, 1950s and early 1960s, he worked in pri- the level requested by the President. face almost three times the risk of vate practice. I know he has dreamed There are four reasons why this bill ex- dying in a car crash than white chil- of being a Federal judge. His dream has ceeds the President’s request. dren. now come true. I might say, as an ex- First, the administration’s budget— The bill before us includes addi- ample of the hard-working industry of rather than requesting appropriated tional, unrequested funds to tackle Sam Haddon, he is the first member of dollars for railroad safety and haz- that problem. The committee has also his family to go off to college and he ardous materials safety—asks us to im- provided funding above the President’s now will become, when he is sworn in, pose new user fees on the transpor- request in the area of pipeline safety. I a U.S. Federal judge. We are all ex- tation industry. became involved in this issue after a tremely proud of Sam Haddon. Some opponents of this approach tragic liquid pipeline accident that Before serving as U.S. Magistrate in have called these proposals ‘‘George W. claimed three young lives in Bel- Great Falls, MT, Richard Cebull served Bush’s new taxes.’’ The committee bill lingham, WA. as a Billings attorney for close to 30 rejects these new user fees and provides The bill before us provides funding years. He was born and raised in our the funds necessary for these critical that is $11 million more than the level State and has earned the respect of ev- safety functions. provided last year. Increased funding eryone in our State who has had the Second, the bill increases funding for will be available to boost staffing for good fortune and privilege of meeting highways above the level requested by the Community Right to Know Initia- the President. him, engaging with him as a mag- tive and other critical safety measures. Under the administration’s budget, istrate or in a nonprofessional capac- I am proud that this bill provides the President launches two new initia- record funding to make pipelines safer. ity. He and Sam Haddon are two people tives at the expense of highway con- who are just perfect representatives of It is the right thing to do. struction dollars to the States. They Finally, the funding in the bill is the quality of the people in our State are the New Freedom Initiative for the of Montana. higher than the administration’s re- disabled and an investment in new quest due to my insistence that we ad- It is a great honor and with great truck safety inspection stations at the pride I join in thanking them for want- dress chronic staffing, training, and United States-Mexico border. equipment shortfalls at the Coast ing to serve, and I thank the Senate for The bill before you fully funds these Guard’s search and rescue stations. confirming both of them so we in Mon- two new initiatives. In fact, the bill The bill provides the Coast Guard’s tana now have all our judgeships filled. adds $15 million to the level requested operating budget with $45 million more We have three wonderful U.S. district by the administration for border truck than the administration’s request in court judges. We thank all in the Sen- safety activities. ate who have made this happen. However, in order to ensure that order to address these search and res- I yield the floor. funding for these initiatives is not pro- cue deficiencies and fund the manda- tory pay and benefit costs for our f vided at the expense of highway con- struction funds in all 50 States, the bill Coast Guard service members. LEGISLATIVE SESSION increases funding for highways to a Before I close, I would like to turn to The PRESIDING OFFICER. Under level that holds all States harmless. the issue of Mexican trucks, which is the previous order, the Senate will now Under the committee bill, every explained in detail on page 85 of the return to legislative session. State will receive more highway con- committee report. Here, our challenge struction funding than they would re- has been to make sure that commerce f ceive either under the President’s can move between our two borders DEPARTMENT OF TRANSPOR- budget or under the levels assumed in while—at the same time—ensuring the TATION AND RELATED AGEN- TEA–21. safety of all who use our highways. CIES APPROPRIATIONS ACT, 2002 Third, the bill includes a number of President Bush requested $88 million to improve the truck safety inspection The PRESIDING OFFICER. The Sen- small but important safety initiatives that were not included in the Presi- capacity at the United States-Mexico ate will now resume consideration of border. Unfortunately, the Transpor- H.R. 2299, which the clerk will report. dent’s budget. Within the Federal Aviation Admin- tation bill as passed by the House of The legislative clerk read as follows: istration, the bill includes funding to Representatives does not include even A bill (H.R. 2299) making appropriations hire an additional 221 safety inspectors. one penny for that request. for the Department of Transportation and Following the ValuJet crash in May The bill before you includes $103 mil- related agencies for the fiscal year ending lion—$15 million more than the level September 30, 2002, and for other purposes. 1996, the Transportation subcommittee has been increasing the inspection requested by the President—for these Pending: work force every year in order to get to border truck safety activities. Murray/Shelby amendment No. 1025, in the the level of 3,300 inspectors. That was The House bill also includes a provi- nature of a substitute. the minimum level identified as nec- sion that prohibits the DOT from Mrs. MURRAY. Mr. President, I am essary by the panel of experts that was granting any Mexican trucking firm an pleased to present to the Senate the convened following that crash. It was operating certificate to begin the Transportation appropriations bill for also the level identified by the Na- cross-border trucking activity that was fiscal year 2002. tional Civil Aviation Review Commis- anticipated by NAFTA. This bill was reported unanimously sion, which was chaired by now-Sec- I believe we have found a good com- by both the Appropriations Sub- retary Norm Mineta. promise that will promote free trade committee on Transportation as well While the funds for these additional and ensure safety on our roads. We as the full Appropriations Committee. inspectors were not included in the crafted a provision based on the serious This bill has been carefully crafted President’s budget this year, the bill as safety risks cited by the inspector gen- with the regular input of Senator approved by the committee does pro- eral, the General Accounting Office, SHELBY and his staff. vide them. and several state law enforcement au- The tradition of this subcommittee In the area of highway safety, the thorities. has always been one of bipartisanship. bill includes funds that were not re- Our provision, which is in this bill, is So long as I have the privilege of quested to boost seat belt use, espe- designed to ensure that a meaningful chairing this subcommittee, I intend to cially among at-risk populations. The safety monitoring and enforcement re- continue that tradition. Administration has articulated a very gime is in place before Mexican trucks The bill as approved by the Appro- aggressive goal to increase seat belt are allowed to travel anywhere in the priations Committee totals $60.1 billion use. Unfortunately, when our sub- United States. in total budgetary resources. That in- committee reviewed the budget, we The provision establishes several en- cludes obligations released from the found no additional resources were re- hanced truck safety requirements that highway and airway trust funds as well quested to match the rhetoric. are intended to ensure that this new S7996 CONGRESSIONAL RECORD — SENATE July 20, 2001 cross-border truck activity does not The approach of the Senator from overfunded, it is not underfunded. The pose a safety risk. Washington moves the debate on this resources are in this bill to continue This provision was adopted unani- issue forward and allows a resolution of and grow lifesaving, fisheries enforce- mously by both the Transportation this issue based on safety standards ment, drug interdiction, and migrant Subcommittee and the full Appropria- rather than prohibiting any action by interdiction activities in fiscal year tions Committee. the Department to manage the truck 2002. My door is always open to Secretary safety issues we face at our southern I believe we need to continue vig- Mineta and the White House, and I will border under NAFTA. orous oversight to make sure that of course listen to their concerns. But For my colleagues who would support these dollars get to the Coast Guard I believe that my provision—as it cur- the House language, some of whom districts and to the men and women rently stands—will allow our mutual may offer a similar provision during who volunteer to put their lives at risk goals of free trade and safe highways to consideration of this bill, I would point to save lives, and to meet the Coast proceed side by side. out that provision does little, if any- Guard’s other missions. I continue to This provision will substantially thing, to promote truck safety on our be concerned about the growth in over- raise the safety standards that will highways. It may keep some unsafe head at the headquarters. The increas- have to be in place before cross-border trucks from gaining entry to our coun- ing costs there are troubling. trucking can begin. I believe that this try, but it doesn’t create a framework I would also like to point out the bill is a far better approach than the one or any incentive to improve the safety provides the $325.2 million for the first taken by the House bill—which has of Mexican trucks. I have to tell you, year of construction funding for the now drawn a veto threat by the admin- that I am probably less troubled by an Coast Guard’s Integrated Deepwater istration. outright prohibition than is the Sen- Project. This funding represents the I want to thank Senator SHELBY for ator from Washington. But, I am will- first significant installment of a 20- all his input into this bill. ing to pursue this issue with her year, $10 billion Coast Guard program I also want to thank Senator BYRD through the Senate and to address my to put in place a systems integrator to and Senator STEVENS for granting our design, develop, and construct new sur- subcommittee an allocation that made colleagues’ concerns during conference face ships, aircraft, sensors, and com- it possible to fund the important safety to ensure that traffic beyond the com- munications equipment—or modernize initiatives in this bill. mercial zone is safe. We could not have done it without To do that, it is incumbent on us to legacy assets—used to conduct oper- their help. provide the necessary resources to ations 50 miles offshore and beyond. I thank the Chair, I yield the floor. begin adequately inspecting motor car- I have serious reservations about the The PRESIDING OFFICER. The Sen- riers at the border. I am pleased that long-term funding prospects of this ator from Alabama. the bill before us provides a total of procurement, the inherent schedule Mr. SHELBY. Madam President, I $103.2 million to enhance safety at the and cost risks of the acquisition strat- rise in support of the fiscal year 2002 border—$15 million more than the egy, and with Coast Guard’s ability to Transportation appropriations bill put President requested. Specifically, the manage a contract of this magnitude before the Senate today by Senator bill includes $13.9 million to hire an ad- and complexity. While I am merely MURRAY. I do support the package re- ditional 80 safety inspectors, $18 mil- raising these concerns now, I intend to ported unanimously from the Com- lion for enhanced Motor Carrier Safety discuss them in greater detail later mittee on Appropriations and just de- Grants to border states, and $71.3 mil- during the consideration of this bill in scribed by the Senator from Wash- lion for motor carrier safety inspection this Senate Chamber. ington in pretty good detail. facilities along the United States- The FAA is generously funded in this There is the first year for the Sen- Mexican border. bill. The funding levels match the AIR ator from Washington as chairperson of That is a quantum leap forward in 21 levels for the FAA’s two capital ac- the Appropriations Transportation terms of ensuring safe transportation counts, and the funding for FAA oper- Subcommittee. I believe she has ac- of goods across the border for the ben- ations exceeds the President’s budget counted for herself well on this bill. We efit of American consumers. While we request. While the cost efficiencies have worked together. She has put a must provide the tools to the Depart- from the controller agreement have yet lot into it, and I believe this is basi- ment, we must also provide the Depart- to show up in the operations account, cally a balanced bill. ment with the flexibility to put forth a and there continue to be significant I believe that every Member can look policy for operations beyond the com- slippages and cost escalations in sev- at this bill and find a great deal that mercial zones, so long as the policy eral of the FAA procurement programs they can agree with. But, I also think would not undermine the safety of that are critical to modernization of it is safe to say that if you look hard American families on our highways. the National Airspace System, the bill enough, just about everyone can find The Murray language does just that. before the Senate provides badly need- something they would probably dis- It allows the Department to process ap- ed funding to continue the operations agree with. plications of Mexican-based motor car- and to support an aggressive mod- Clearly, that is the case with the riers after the Department remedies ernization program. Mexican truck issue. I believe that ev- deficiencies highlighted by the Depart- Accordingly, the committee-reported eryone in this body is supportive of en- ment of Transportation Inspector Gen- bill also more than meets the TEA–21 suring the safety of trucks on our high- eral and after Mexican-domiciled car- highway and transit funding levels and ways. I believe that many in this body riers meet the strict safety require- increases the obligation limitation for consider the approach to Mexican ments that this bill demands. highways and provides additional re- trucks adopted on the House floor as Chairman BYRD and Senator STEVENS sources for transit new start systems. being heavy-handed, and contrary to have provided the Transportation Sub- This funding commitment by the com- the goal of improving the safety of committee with a generous allocation, mittee bill recognizes the priorities on trucks at our borders, within the com- and that has allowed this bill to fund these accounts reflected in the requests mercial zone, and ultimately, beyond the programs and the initiatives that from Members of the Senate. I com- the commercial zone on the balance of the Senator from Washington has just mend the Senator from Washington, our Nation’s highways. described. I would like to take a few Mrs. MURRAY, for her attention to the Senator MURRAY has crafted a provi- minutes to highlight a couple of those interests of the Department and the sion, section 343, that takes a different items. Senate in constructing the package be- approach. It provides for Mexican For the Coast Guard, this bill pro- fore the Senate today. truck access to our highways beyond vides $45 million more than the Presi- While the bill commits a fair amount the commercial zone once the Depart- dent’s request for operating expenses— of funding for the Appalachian Devel- ment has an adequate inspection re- and that is in addition to the $92 mil- opment Highway System, I would note gime in place and can assure that those lion that was just agreed to in the sup- that a great deal more funding is re- carriers and trucks meet articulated plemental conference report for fiscal quired to complete the commitment safety and insurance standards. year 2001. While the Coast Guard isn’t that has been made to this system. The July 20, 2001 CONGRESSIONAL RECORD — SENATE S7997 ADH system is far less complete than letes are recognized as Olympic level On page 78, strike line 20 through 24. the National Highway System and competitors and ensures they are The PRESIDING OFFICER. Is there many years at these funding levels will treated as Olympians. It also allows for further debate on the amendment? If be required to improve some of the synergy in developing operational not, the question is on agreeing to most deficient and dangerous segments plans thus making the Paralympics far amendment No. 1029. of the rural highway system in all of more efficient. The amendment (No. 1029) was agreed America. Note that the Paralympic’s associa- to. The bill provides $521 million for Am- tion with the Olympic Committee has AMENDMENT NO. 1030 TO AMENDMENT NO. 1029 trak and authorizes the railroad to im- brought yet another benefit. The Fed- Mrs. MURRAY. Mr. President, I send mediately use all of these funds in one eral funding for these Paralympic another amendment to the desk and fiscal year. For the past several years, games is far less than ever before. For ask for its immediate consideration. the bill has limited Amtrak to using 40 the benefit of my colleagues, let me The PRESIDING OFFICER. The percent of its funding in the first year put this issue in perspective. These clerk will report the amendment. so the balance would be available for games will cost approximately $80 mil- The assistant legislative clerk read the next. Keep in mind that this money lion. The Atlanta Paralympics were as follows: is appropriated for capital activities also about $80 million. But there the The Senator from Washington [Mrs. MUR- and investments, so the provision and comparison ends. In Atlanta, $32 mil- RAY], for herself and Mr. SHELBY, proposes an anticipation that it would all spend out lion were funded by the Federal Gov- amendment numbered 1030. is unusual in and by itself. My sense is ernment. In the Salt Lake Mrs. MURRAY. Mr. President, I ask that this extraordinary action is at Paralympics, Federal funding will only unanimous consent reading of the best a short-term solution. be $10 million. amendment be dispensed with. Amtrak, as a lot of you know, is en- Why are the Salt Lake City The PRESIDING OFFICER. Without gaging in short-term borrowing to Paralympics requesting far less Fed- objection, it is so ordered. cover operational and debt service eral funding than the Atlanta The amendment is as follows: costs and Amtrak’s cash shortfall is Paralympics? The Salt Lake Olympic (Purpose: To enhance the inspection require- ments for Mexican motor carriers seeking growing to unsustainable levels. Allow- Committee is paying $40 million of the costs and raising another $30 million to operate in the United States and to re- ing the cash-starved Amtrak to spend quire them to display decals) its entire appropriation for fiscal year from private sources. The Atlanta Olympic Committee paid $15 million On page 73, strike lines 19 through 24 and 2002 will allow, however, Amtrak to insert the following: squeak through to the Spring of 2002, and raised $33 million for the ‘‘(E) requires— when this failed experiment, I believe, Paralympics. Because the Salt Lake ‘‘(i) inspections of all commercial vehicles will again be out of money. Olympic Committee is contributing of Mexican motor carriers authorized, or I hope that we can move this legisla- more to the Paralympics, the amount seeking authority, to operate beyond United tion quickly through the Senate and of Federal funding has been reduced States municipalities and commercial zones from $32 million for the Atlanta games on the United States-Mexico border that do through the conference. During Senate not display a valid Commercial Vehicle Safe- consideration of the Transportation ap- to $10 million for the Salt Lake games. And, this bill only asks for $5 million ty Alliance inspection decal, by certified propriations bill, I will cover some of Federal inspectors, or by State inspectors these issues in more detail, as will Sen- for transportation while the Atlanta whose operations are funded in part or in ator MURRAY. But I look forward to transportation cost to the Federal Gov- whole by Federal funds, in accordance with working with the Senator from Wash- ernment was $5.6 million. the requirements for a Level I Inspection This is a wise use of Federal funds. ington, the chairman and ranking under the criteria of the North American The $5 million requested for the Standard Inspection (as defined in section member of the Committee on Appro- Paralympics are well justified. Addi- 350.105 of title 49, Code of Federal Regula- priations, and with interested Members tionally, these costs are most reason- tions), including examination of the driver, to consider and pass this legislation. able when compared to the Atlanta vehicle exterior and vehicle under-carriage, Mr. HATCH. Mr. President, I rise to and applaud the committee for including games and given the careful financial ‘‘(ii) a Commercial Vehicle Safety Alliance the $5 million grant for the Eighth management on the part of the 2002 decal to be affixed to each such commercial Paralympiad for the Disabled cited in Salt Lake Olympic Committee. vehicle upon completion of the inspection re- Thank you. this bill. This funding is for the 2002 quired by clause (i) or a re-inspection if the The PRESIDING OFFICER (Mr. NEL- Paralympic Games not the 2002 Olym- vehicle has met the criteria for the Level I SON of Florida). The Senator from inspection when no component parts were pic Games. It is important to remem- Washington. hidden from view and no evidence of a defect ber that while the Paralympics are AMENDMENT NO. 1029 TO AMENDMENT NO. 1025 was present, and being held in conjunction with the ‘‘(iii) that any such decal, when affixed, ex- Mrs. MURRAY. I send a technical Olympics in Salt Lake City, all the pire at the end of a period of not more than amendment to the desk that has been funding for the Paralympic Games has 90 days, but approved by both sides. been very carefully and very clearly nothing in this paragraph shall be construed The PRESIDING OFFICER. The to preclude the Administration from requir- separated from that for the Olympics. clerk will report the amendment. This funding will be spent only for ing re-inspection of a vehicle bearing a valid The assistant legislative clerk read inspection decal or from requiring that such Paralympic costs and includes both as follows: a decal be removed when a certified Federal Federal and private sources of funding. The Senator from Washington [Mrs. MUR- or State inspector determines that such a ve- This funding supports the disabled RAY], for herself and Mr. SHELBY, proposes an hicle has a safety violation subsequent to athletes who compete at Olympic lev- amendment numbered 1029. the inspection for which the decal was grant- els. These elite disabled athletes de- Mrs. MURRAY. I ask unanimous con- ed;’’. liver amazing performances that are sent reading of the amendment be dis- Mrs. MURRAY. Mr. President, this wonderful to behold. For example, they pensed with. amendment, I have sent to the desk is ski with one leg or they ski blind. We The PRESIDING OFFICER. Without offered by Senator SHELBY and myself ask them to perform on Olympic objection, it is so ordered. and it will strengthen the truck safety courses, at Olympic levels, and finish The amendment is as follows: provisions in the bill as reported by the in times within Olympic ranges. On page 20, line 16, strike the numeral and committee. The Paralympics and Special Olym- all that follows through the word ‘‘Code’’ on It will require the Department of pics are events our country tradition- page 18 and insert in lieu thereof the fol- Transportation to implement a rig- ally recognizes as important priorities. lowing: ‘‘$3,348,128 shall be set aside for the orous inspection regime under which That is, to encourage the development program authorized under section 1101(a)(11) every Mexican truck seeking to travel of sports among special populations. of the Transportation Equity Act for the 21st beyond the commercial zone will be re- Moreover, it has been an advantage to Century, as amended and section 162 of title 23, United States Code;’’ quired to be inspected at least every 90 have the Olympic Committee, for the On page 33, line 12, strike the word ‘‘to- days. first time, host the Paralympic Games. gether’’ and all that follows through the This inspection system has shown This ensures that the Paralympic ath- semi-colon on line 14. some level of success within the State S7998 CONGRESSIONAL RECORD — SENATE July 20, 2001 of California in bringing down the high that the authorities will recognize that forts by President Clinton and Pedro level of safety noncompliance that has there is some sense of balance in all of Rossello, it has become clear that the been found in Mexican trucks seeking this and that 30 days and 60 days may resolution calling for the referendum to cross the border. be a bit excessive, to put it mildly, in in November of 2001 has been sort of We believe that his would improve light of some of the sentences we see put aside, that the plan did not resolve upon the provisions already in place in meted out on crimes that are far more these tensions, despite the good efforts the bill as reported by the committee. serious in our society. of those involved in crafting that par- I know that Senators MCCAIN and I take particular note of my friend ticular solution. GRAMM have an interest in these provi- Bobby Kennedy from the State of New On June 14, in response to continued sions. In deference to them, I will not York and his wife Mary who are won- tensions, President Bush, in consulta- seek adoption of the amendment at derful parents. During this period of in- tion with the U.S. Navy, announced this time. I will leave it as the pending carceration, a new son was born to that all military exercises in Vieques amendment to the bill. them. Bobby Kennedy, obviously, could would cease by May 1, 2003. If need be, we can temporarily lay not be there for the birth of his son be- That provoked serious voices of dis- the amendment aside and take up cause of his incarceration in Puerto sent within this Chamber. In fact, amendments on other matters as de- Rico. I know how difficult and painful there were those who were very dis- bate occurs on this bill. this was for him and his family. I want appointed by President Bush’s decision. Mr. SHELBY. Mr. President, I sug- them to know that they have my I happen to think he made the right de- gest the absence of a quorum. strong sympathies and expressions of cision. I know it was not an easy one to The PRESIDING OFFICER. The Sen- support. My hope would have been that make, but he did listen to the various ator from Alabama suggests the ab- Bobby Kennedy might have been able sides of this story and decided that, sence of a quorum. The clerk will call to be with his family during that im- given all the information and facts, the roll. portant moment, despite the fact that this was the right decision to make. The assistant legislative clerk pro- he would be the first one to tell us that Naval training on the island was to ceeded to call the roll. he understood fully the implications to proceed between then and May of 2003. Mrs. MURRAY. Mr. President, I ask the action he would take to express In addition, in accordance with the earlier agreement, the Navy returned unanimous consent that the order for what were not only his views but the more than a third of its Vieques hold- the quorum call be rescinded. views of thousands of others within ings to the island on May 1, 2001. The PRESIDING OFFICER. Without Puerto Rico and beyond the island over Notwithstanding the Bush announce- objection, it is so ordered. the issue of whether or not Vieques ment, a number of issues have led to f ought to be used as a continued site for increasingly vocal opposition to the targeting practice by the U.S. military. continued use of Vieques by the Navy MORNING BUSINESS I express my sympathies for Bobby in the interim period. Puerto Rican Mrs. MURRAY. Mr. President, I ask Kennedy, Dennis Rivera, and others critics of the Navy cite the loss of eco- unanimous consent that there now be a who are in prison at this moment for nomic development opportunities on period of morning business with Sen- those actions. the island because access to most of ators permitted to speak for up to 10 There has been a long history here of the island’s land is restricted. They minutes each. divergence of interest with respect to also mention the failure of the Navy to The PRESIDING OFFICER. Is there the people of Puerto Rico and the live up to pledges to compensate for objection? Navy’s interest in maintaining the ca- these lost economic opportunities. Mr. CONRAD. Reserving the right to pability for important live training ex- Damage to the environment and ecol- object, I ask that after Senator DODD ercises on the island of Vieques. Over ogy have also been mentioned. Most completes his remarks, that it be pos- the years, efforts have been made to worrisome, concerns have been raised sible for me to address the Senate for a reconcile these different interests. Dur- about the impact the Atlantic Fleet period not to exceed 30 minutes. I make ing the Clinton administration, in fact, Weapons Training Facility has had on the request to respond to an attack an agreement was reached with the the health and safety of the people on that was made on me by Mr. Lindsey, then-Governor of Puerto Rico, Pedro the island of Vieques. Were we to put the President’s chief economic adviser. Rossello, that called for the holding of ourselves in the shoes of the mothers The PRESIDING OFFICER. Does the a referendum in November of the year and fathers of the children on the is- Senator from Washington so amend her 2001 to allow the residents of Puerto land of Vieques, we might better under- request? Rico to choose whether to end the mili- stand to some degree why there is in- Mrs. MURRAY. I amend my request. tary’s use of Vieques by 2003 or to in- creasing impatience and concern about The PRESIDING OFFICER. Without definitely permit military exercises to having to wait 3 years before a poten- objection, it is so ordered. continue after that date. tial danger to their loved ones will The Senator from Connecticut. That seemed at the moment to re- cease. f duce the tensions over this matter and The relationship between the Navy to provide a way for the people of Puer- VIEQUES and the people of Vieques has been a to Rico to express their views. On the rocky one, to put it mildly, over the Mr. DODD. Mr. President, I rise to idea of a referendum, I was thinking to years. More recently the situation has spend a couple minutes talking about myself, living in Connecticut, along grown from bad to worse. Visits by an issue that has received some noto- Long Island Sound where there are prominent Members of Congress and riety in recent months and some spe- small islands off the coast of Con- other well-known public figures, in- cific attention over the last few weeks. necticut, that if one of our islands were cluding the wife of Jesse Jackson and That is the issue of the island of being used as a target by the military, Robert Kennedy Jr., have served to Vieques in Puerto Rico and the incar- how long we would allow it to persist if educate Americans writ large about ceration of a number of people who the people of my State felt strongly the Vieques issue. went down to express their opposition about it. I see the Presiding Officer Overly harsh treatment of these pro- to the continued use of Vieques as a from the State of Florida with a huge testers by the court has only served to bombing site. coastline. In many cases, of course, make, in my view, the matter even First of all, I say to those who have people have tolerated and supported it worse. It seems to me that the time demonstrated there and have been sen- in their jurisdictions or States. has passed for the relationship between tenced to 30 days—in one case, I think This is a matter which has provoked the Navy and the people of Vieques to 60 days—I think all of these people in- tremendous interest on the island of ever be mended in a satisfactory man- volved certainly were aware that when Puerto Rico, a part of the United ner that would allow both to coexist on you engage in civil disobedience, there States, of course. this little island. will be a price to be paid for that civil Since the inauguration of Sila Maria The matter is going to get even more disobedience. I will address the under- Calderon, the new Governor of Puerto heated, in my view, as the July 29 ref- lying issue of Vieques, but my hope is Rico, in January of this year, the ef- erendum called for by the Governor of July 20, 2001 CONGRESSIONAL RECORD — SENATE S7999 Puerto Rico draws near. It seems fairly Mr. Lindsey, the President’s chief of the first to propose a significant tax obvious what the results of the ref- economic adviser, for some reason feels cut—in fact, a tax cut to help stimu- erendum will be. And while I appre- compelled to take my positions and late the economy that was far bigger ciate President Bush’s decision to end twist them into something that is un- than what the administration pro- the use of Vieques by the year 2003, at recognizable. These are not my posi- posed. this juncture I believe that is not going tions, not my statements. This is not Let’s look at what the administra- to be satisfactory. Those are the reali- my voting record. I call on Mr. Lindsey tion proposed in terms of a fiscal stim- ties, Mr. President. Many wish it would to recant these false statements. This ulus for the current year, at a time be otherwise, but I don’t think it is does not improve the level of debate when we are suffering an economic going to be so. about serious issues and what is to be slowdown. All one has to do is turn to As a practical matter, continued civil done about our economy and the man- the proposal. This is from the Presi- disobedience is going to make the agement of the fiscal affairs of our dent. Their proposal: No tax cut in 2001. Navy’s use of its facilities impossible. country. None. Zero. That was their proposal. We need to accept it and move on, in Yesterday, Mr. Lindsey, in this They had no fiscal stimulus. They had my view. speech in Philadelphia before the Fed- no tax cut at a time of economic slow- Certainly, we need to find a way for eral Reserve, said at one point early in down. It was largely Democrats who in- our military to conduct training exer- the speech, for example: sisted on providing a bigger tax cut cises. That is extremely important, and The new chairman of the Senate Budget this year to provide a fiscal stimulus to I don’t, in any way, minimize the sig- Committee has alleged the recent tax cuts help this struggling economy. nificance of that particular issue. The are driving the country right into the fiscal And now, for Mr. Lindsey to twist question is whether or not there are al- ditch. that around and suggest that I was for ternatives to this particular venue He got that part of it right. I applaud a tax increase at a time of economic which is provoking so much dissent him for that. He then went on to say: slowdown, Mr. Lindsey, shame on you. and so many problems for both the These views reflect one side of the political That is false. That is misrepresenting Navy and the people of the island of debate—one that ultimately favors allo- my clear record and my views. Shame Puerto Rico. A Department of Defense cating more of our Nation’s resources to gov- on you. You should not engage in de- panel has already recommended that ernment. bate in that way. You should not take the Navy work toward ceasing all Mr. Lindsey, you know better. That my clear positions, my clear record, training activities on Vieques within 5 was not the proposal of this Senator. and stand them on their head. I am not years. In light of recent events, that The proposal of this Senator in the going to allow it to happen. timeframe will clearly have to be ac- budget debate this year was to con- Mr. President, I don’t know what celerated. I find it hard to believe that tinue to reduce the role of the Federal could be more clear. We provided not some interim locations can’t be found Government. That was my clear posi- only a substantial tax cut this year, where much of the necessary training tion. That is the clear record, and no but the budget plan I put before my that the Navy needs to conduct could attempt by him to distort it can colleagues also provided significant tax take place. Search for alternative change the facts. relief for all Americans, including rate sights needs to be given a much higher Here are the facts. The spending pro- reduction, marriage penalty relief, and priority than was anticipated. posal I put before my colleagues would estate tax reform. That is my record— I don’t fault those who tried to come have continued to reduce the share of not proposing tax increases at a time up with a time line that would be satis- our national income going to the Fed- of economic slowdown. factory, but the realities are such that eral Government from 18 percent of That is not my record, that is not my I don’t think that is any longer pos- gross domestic product to 16.4 percent position, and that is not my votes. sible. The steps I have outlined can of gross domestic product, which is the We also reserved resources for high- begin the process for moving forward lowest level since 1951. Mr. Lindsey, priority domestic needs, including im- on this very difficult and contentious facts are stubborn things. Mr. Lindsey proving education, a prescription drug matter that undoubtedly has impor- then went on to say: benefit, strengthening national de- tant implications for the people of The criticisms of the tax cut and com- fense, and funding agriculture, and we Puerto Rico and for our national de- ments on the budget made by Senator provided $750 billion to strengthen So- fense. Conrad hearken back to views widely held in cial Security and address our long- Mr. President, again, I salute my the 1920s and 1930s. term debt. That is my record. Those friends who have gone down to express He went on to describe those views were my proposals. Those were my po- not only their views but the views of supposedly widely held. He concluded sitions. And for Mr. Lindsey to go to the overwhelming majority of the peo- that their solution was to raise taxes. the Federal Reserve Bank of Philadel- ple on Vieques. My plea at this par- The top income-tax rate was raised phia yesterday and suggest otherwise ticular hour, after having these mem- from 24 percent to 63 percent. The re- is flat dishonest. bers serve two weeks in incarceration, sult, of course, was economic disaster. What has them all fussed up down at is that the courts might find it possible Mr. Lindsey ascribes those views to the White House? Why do they engage for them to have expressed their obli- me. in these ad hominem attacks on the gations by incarcerating these people Mr. Lindsey, that is false. You know chairman of the Budget Committee and in light of their civil disobedience, but it is false, and that it is a total mis- others of us who believe that this ad- I think moving on is the best course of representation of the record of this ministration has put us right into the action. Senator. fiscal ditch? Mr. President, I yield the floor. Let’s turn to what I proposed to our I think what triggered all of this was The PRESIDING OFFICER. The Sen- colleagues. These are the charts that a press conference I had after Mr. ator from North Dakota is recognized. were used on the floor of the Senate Lindsey himself said that the revenue f during the budget debate highlighting they were forecasting this year is going the Democratic alternative. to come in below what they had pro- RESPONDING TO LAWRENCE No. 1, we protected the Social Secu- jected. LINDSEY rity and Medicare trust funds in every What we find, if we follow through Mr. CONRAD. Mr. President, I thank year. Does Mr. Lindsey disagree with this, what some in the media have the Presiding Officer. Yesterday, Mr. that? Let’s hear an honest debate called this amazing shrinking surplus, Lawrence Lindsey, the President’s about that issue. is that we started out with a forecast chief economic adviser, attacked me in No. 2, we paid down the maximum of $275 billion of surplus for this year, a speech before the Federal Reserve amount of publicly held debt. but after you take out the trust funds Bank in Philadelphia. In that speech, Next, we provided for an immediate of Social Security and Medicare, the he repeatedly misrepresented my fiscal stimulus of $60 billion. That was cost of the tax bill, and other related views, my clear positions, and my a tax cut, not a tax increase, Mr. budget items, you get down to only $6 record. Lindsey. That was a tax cut. I was one billion available this year, and that is S8000 CONGRESSIONAL RECORD — SENATE July 20, 2001 before Mr. Lindsey said the revenue is I should point out that we see trouble sional Budget Office on page 19 of the not coming in as forecast. next year in terms of the trust funds of budget outlook, under ‘‘Trust Fund That puts us in a negative position. Social Security and Medicare being Surpluses’’—this is a report of the Con- That puts us in a non-trust-fund def- used to finance other programs of Gov- gressional Budget Office—it shows that icit. That is, when you take out the ernment before the big increase in de- Social Security has big surpluses every trust funds of Social Security and fense the President has requested. year. Medicare, hospital insurance, Medicare, you see red ink for this year, If we look at what that will do, and Part A: big surpluses every year. and I pointed out it is not just this we look at 2002, we see we are already Part B, the administration claims, year, this time of economic slowdown, in trouble before the President has re- has a deficit. That is not what the but looking ahead to next year when quested a substantial increase for de- records show. The records show that it the administration forecasts strong fense. That just makes the raid on the is in rough balance and actually has a economic growth that we find the situ- trust funds deeper and broader. slight surplus over the period of the 10 ation is becoming even more serious. When we look ahead and put in the years in this budget. It is not just the This is after the administration prom- Bush defense request, when we put in Congressional Budget Office documents ised us a budget plan that could do ev- new money for education, which just that show there is a Medicare trust erything. They said they had a budget passed nearly unanimously in the Sen- fund surplus; it is the administration’s plan that would allow for a massive tax ate but is not in the budget, when we own documents issued by the Office of cut. They said they could also accom- put in money for natural disasters, Management and Budget that show modate a major defense buildup, they which is not in the budget—but we just Medicare, Federal hospital insurance, could protect Social Security, and they had a natural disaster in Ohio the HI trust fund surpluses each and every could have maximum paydown of the night before last, we just had a natural year. national debt. They said it all added disaster in West Virginia, we just had It is not just Medicare Part A; it is up. It does not all add up. That is what natural disasters in Texas—when we Medicare Part B the administration is is becoming more and more clear. put in money for natural disasters, now claiming is in deficit. But look at If we look at 2002, the next fiscal when we address the tax extenders, the their own reports. Here is Part B, the year, with a projected surplus of $304 popular expiring provisions of the Tax Federal supplementary medical insur- billion, if we take out Medicare and So- Code we all know are going to be ex- ance trust fund; look at the reports cial Security, we get down to $95 bil- tended that are not in the budget, when they have issued. They show that over lion. Then take out their tax cut and we look at fixing the alternative min- the 10-year period of time they are in the budget resolution that passed Con- imum tax fiasco created by this tax rough balance in Part B. What they gress, and we get down to $25 billion bill, which is going to take us from have tried to do is say, because Medi- available. But that is before we see a fewer than 2 million people being care Part B is financed 25 percent from further reduction in the economic fore- caught up in the alternative minimum premiums and 75 percent from the gen- cast because of the economic slow- tax to 35 million people being caught eral fund, the general fund contribu- down. The economic slowdown this year up in the alternative minimum tax, tion represents a deficit. It does not. If will mean we have less revenue next and if we just look at the cost of fixing we were to apply that standard, every year. We had three economists testify that problem caused by this tax bill, it other Federal Government program before the Budget Committee that we costs $200 billion to fix, and if we look would be in deficit because they are could see a reduction of anywhere from at additional economic revisions be- funded, by and large, by 100-percent $50 billion to $75 billion next year from cause of the economic slowdown we are contributions from the general fund. what was forecasted in revenue for the experiencing and the associated inter- Is this administration claiming the Federal Government. That wipes out est costs, what we see is that every defense budget is in deficit because it the available surplus and puts us into a year for the next 9 years this adminis- is financed 100 percent from the general raid on the Medicare trust fund next tration’s economic plan will be using fund? I have never heard that from year, and it even suggests that this ad- Medicare trust funds and Social Secu- them. I never heard from them that ministration may be using some of the rity trust funds to pay for the other education is in deficit because it is Social Security trust fund. programs of the Federal Government funded 100 percent by the general fund. That is not at a time of economic unless some change is made. That is precisely how you fund most slowdown; that is a time in which they One can look at these and say: Gee, I Government programs. are projecting strong economic growth, don’t think we are going to add any Medicare Part B physician services and yet we see their proposal will be new money for education. Or one can actually has an additional funding using Medicare and Social Security say: I don’t think we are going to pay mechanism. Some of it comes from the trust funds to finance other programs for natural disasters. Or: I don’t think general fund, but part of it—25 percent, of Government at a time they are fore- we are going to pay to fix the alter- roughly—comes from the premiums casting—this is the administration’s native minimum tax that is going to paid by Medicare-eligible people. projection—strong economic growth. affect 35 million American taxpayers Now, is this administration saying Yet their proposal will mean we are by the end of this period, nearly 1 in 4 that in a deficit they are proposing a using Social Security and Medicare taxpayers in this country. Or one can big increase in the premiums that sen- trust fund money to finance the other say: We don’t think the Bush defense ior citizens pay? I would like to hear programs of the Federal Government. request will be granted. the answer to that. Is that what they This is what I have raised questions Fine. One can use one’s own assump- are suggesting? They have a problem about. Does it make sense for this tions. I just say to my colleagues, this because I believe it is wrong to use country to use Medicare and Social Se- reveals just as clearly as can be that Medicare and Social Security trust curity trust fund money to finance the their economic plan, their budget plan, fund money to pay for the other pro- other programs of the Federal Govern- does not add up, did not add up, and grams of Government. Their own con- ment at a time that the administration puts us right back into the deficit gressional leadership doesn’t agree is forecasting strong economic growth? ditch. That is what I have said and that with them. I do not think so. I do not think we is what I meant, and I believe the If they are saying that my views are should finance the other programs of record is clear. the views of the 1930s, are they making Government, however meritorious, by Mr. President, I think they realize that same accusation with respect to using the trust funds of Social Security they are in trouble, so their response the Speaker of the House of Represent- and Medicare at a time of strong eco- has been: Oh, there really isn’t a Medi- atives—the Republican Speaker of the nomic growth. care trust fund surplus. That has been House of Representatives? This is what Why? Because we all know that in one of their responses. We have heard he said on that question on March 2 of the next decade the baby boom genera- it in this Chamber, and we have heard this year: tion starts to retire and these sur- it from people in the administration. We are going to wall off Social Security pluses in the trust funds turn to big That is an interesting idea, but if one trust funds and Medicare trust funds. And deficits. looks at the report of the Congres- consequently, we pay down the public debt July 20, 2001 CONGRESSIONAL RECORD — SENATE S8001 when we do that. So we are going to continue We ought to have a thorough and table unless Congress allows the personal re- to do that. That’s in the parameters of our honest debate. But Mr. Lindsey, don’t tirement accounts the White House favors. budget and we are not going to dip into that misrepresent my view and misrepre- What irony, warning that: at all. sent my record. It is there for anybody . . . deep benefit cuts, tax increases, or That is the Republican Speaker of to check. I proposed not a tax increase ‘‘massive’’ federal debt are inevitable unless the House of Representatives. Is the this year; I proposed a significant tax Congress allows the personal retirement ac- White House saying he has 1930s eco- reduction, a much bigger tax reduction counts the White House favors. nomic views? than this administration proposed for I have always believed it is inappro- It doesn’t stop there. This is a quote this year. I proposed a real fiscal stim- priate to say I told you so, but, I told from the House majority leader, DICK ulus at a time of economic downturn. I you so. When we had the budget de- ARMEY, a Republican. He said, this didn’t just propose it; I voted for it. My bate, the proposal I put before our col- month: record is clear. leagues protected the Social Security Let me just be very clear on this. The Interestingly enough, this adminis- and Medicare trust funds in each and House of Representatives is not going to go tration proposed no fiscal stimulus for every year, but, more than that, set back to raiding Social Security and Medi- this year. I am holding up their plan. I aside $750 billion out of the surpluses of care trust funds. will submit it for the RECORD because today to prepay some of the Social Se- Does Mr. Lindsey think DICK ARMEY, it is right here. If Mr. Lindsey thinks curity liability tomorrow. This admin- the Republican majority leader in the we have forgotten who proposed what, istration said no. This administration House of Representatives, has 1930s he is dead wrong. We remember very turned their back on an opportunity economic views? well. not only to protect the Social Security It doesn’t stop there. Here is a quote Who stood where on the question of and Medicare trust funds in each and from July 11 from the House Budget fiscal stimulus for this year? I not only every year but, more than that, to set chairman in the House of Representa- proposed significant tax relief for this aside money to prepay part of the li- tives, Mr. JIM NUSSLE: year; I proposed significant tax relief ability that is coming, which they now This Congress will protect 100 percent of going forward. It is true, not as big a say threatens massive debt, tax in- the Social Security and HI trust funds. Pe- tax cut in future years as the adminis- creases, or deep benefit cuts. riod. No speculation. No supposition. No pro- tration proposed, because I could see Where were they when just months jections. The Congress has voted unani- ago we had that exact debate? They mously, or almost unanimously. There were they were putting us in danger of raid- a few that didn’t see it this way for ing the Social Security and Medicare didn’t know this? We all knew it. We lockboxes and all sorts of different mecha- trust funds in the future, at times all knew that is where we were headed. nisms to make sure this occurred. Both par- when even they say the economy will Yet Mr. Lindsey, as the chief economic ties prepared budgets that did so. We will be growing strongly. That is their eco- adviser to the President, and the rest protect 100 percent of Medicare and Social nomic plan. That is their budget plan of this economic team, plunged ahead Security. that has put this country in jeopardy, with a budget and tax plan that never Does Mr. Lindsey say the Republican that has put us in a position of vio- added up, that doesn’t add up, that House Budget Committee chairman has lating the trust with the American risks putting us back into the budget 1930s economic views? What say you, people. It is their budget plan, it is ditch, and now are misrepresenting my Mr. Lindsey? It appears to me you are their tax plan, that has us on a colli- record by trying to assert that I favor contradicting the elected leadership of sion course with going back into the tax increases at a time of economic your own party in the House of Rep- deficit ditch. downturn when my record shows abso- resentatives. And it is not just in the Mr. Lindsey is the chief economic ad- lutely to the contrary, that I proposed House of Representatives. If we come viser to the President of the United a far bigger tax cut this year than did to the Senate and look at the state- States and the architect of this failed the administration. ment from the former chairman of the plan. He will be held accountable by Finally, for them to assert that my Budget Committee, the very distin- history. He said they had a plan that budget plan meant more resources guished and able Senator PETE DOMEN- added up. I confess, I didn’t know when going to the Federal Government—non- ICI, this is his quote: I was on the floor day after day after sense. The budget proposal I put before For every dollar you divert to some other day questioning the wisdom of their our colleagues continued to shrink the program, you are hastening the day when plan that it would be revealed in this role of the Federal Government, from Medicare falls into bankruptcy, and you are year how flawed it really was. I did not 18 percent of gross domestic product making it more and more difficult to solve think we would face a problem until today to 16.4 percent of gross domestic the Medicare problem in a permanent man- perhaps 2003 or 2004. But already we are product at the end of this budget pe- ner into the next millennium. in trouble; already this administration riod, the lowest level of GDP since 1951. Mr. Lindsey, does Senator DOMENICI, is using Medicare and Social Security Mr. Lindsey, that is my record. the former Republican chairman of the trust fund money—at least Medicare Those are my positions. No attempt by Senate Budget Committee, have 1930s trust fund money this year, clearly you to distort them or misrepresent economic views? Medicare trust fund money next year them is acceptable. It is not just the former chairman of and perhaps even Social Security trust I thank the Chair. I yield the floor the Senate Budget Committee, the fund money—and that is before their and suggest the absence of a quorum. former Republican chairman, and not request for a substantial increase in de- The PRESIDING OFFICER. The just the elected leadership of the House fense expenditures. clerk will call the roll. of Representatives—all Republicans— I am willing to engage in a tough and The legislative clerk proceeded to who have said very clearly that they spirited debate on these issues with call the roll. intend to protect both Social Security any representative of the administra- The PRESIDING OFFICER. In my and Medicare trust funds. Every Re- tion. But I do not expect them to mis- capacity as a Senator from the State of publican Senator, every single one, represent my positions and my clear Florida, I ask unanimous consent the voted 4 months ago, on language that record. That is unacceptable. That is order for the quorum call be rescinded. said the following: absolutely unacceptable. The Chair hears none, and it is so or- Preserving the Social Security and Medi- All of this is especially ironic, given dered. care hospital insurance surpluses would re- the headlines in the Washington Post f store confidence in the long-term financial today: ‘‘Social Security Future Grim, integrity of Social Security and Medicare. RECESS SUBJECT TO THE CALL OF Bush Panel Says.’’ Here is the first THE CHAIR That is what they said. They said paragraph of that article: very clearly the same thing I am say- The PRESIDING OFFICER. In my A commission assigned by President Bush ing. to redesign Social Security yesterday offered capacity as a Senator from the State of Mr. Lindsey, does every Republican a bleak appraisal of a ‘‘broken’’ system, Florida, I ask unanimous consent that Senator have 1930s economic views? I warning that deep benefit cuts, tax in- the Senate stand in recess subject to don’t think so. creases, or ‘‘massive’’ federal debt are inevi- the call of the Chair. S8002 CONGRESSIONAL RECORD — SENATE July 20, 2001 There being no objection, the Senate, The PRESIDING OFFICER. Without officer to make sure that the new re- at 12:09 p.m., recessed subject to the objection, it is so ordered. sponsibilities he has been given—it is call of the Chair and reassembled at f my understanding that about 26 12:13 p.m. when called to order by the weighty responsibilities for the finan- DISTRICT OF COLUMBIA Presiding Officer (Ms. LANDRIEU). cial operations of this District have APPROPRIATIONS BILL The PRESIDING OFFICER. In my been handed to him by the city council capacity as a Senator from the State of Ms. LANDRIEU. Mr. President, I and by our own laws here in Congress— Louisiana, I suggest the absence of a wish to rise for a few moments today are matched with the proper authority quorum. before we adjourn the Senate for the and a proper power to carry out those The clerk will call the roll. weekend to speak about one of the ap- responsibilities. The bill clerk proceeded to call the propriations bills that we are going to I have spent a good bit of this week roll. be dealing with when we return next reading a very excellent report by the Mr. BENNETT. Madam President, I week and that we will work on through DC Appleseed Center, entitled ‘‘After ask unanimous consent that the order this summer session into the fall. That the Control Board: The Chief Financial for the quorum call be rescinded. appropriations bill is the District of Officer and Financial Management of The PRESIDING OFFICER. Without Columbia appropriations, which I have the District of Columbia,’’ which is the objection, it is so ordered. the great honor and privilege and op- sole focus of this report: f portunity to serve now as Chair, along The DC Appleseed Center is an inde- with my distinguished colleague from JACKIE M. CLEGG pendent non-profit advocacy organiza- Ohio, Senator DEWINE, the ranking Mr. BENNETT. Madam President, I tion dedicated to making the District member. He and I have worked to- of Columbia and the Washington Met- take the floor to join some of my other gether very closely for the last several colleagues on the Banking Committee ropolitan area a better place to live months on that appropriations com- and work, focusing primarily on to express my admiration for and mittee. With the change in leadership, thanks to Jackie Clegg, who is serving strengthening the financial health of I find myself as Chair of this important the District and enhancing the per- her last day as Vice Chairman of the committee. I want to spend a minute formance of governmental institutions Export-Import Bank. Jackie Clegg talking about that role and about some that affect the District. might otherwise be known somewhere of the responsibilities that I see com- I ask unanimous consent that the list as Mrs. Chris Dodd. She began her ca- ing along with that role. reer on the Banking Committee, where First, let me say that Senator of the board of directors and staff be printed in the RECORD. she met Senator DODD, as a staffer for DEWINE and I have been in close com- my predecessor, Jake Garn from Utah. munication on many issues that are There being no objection, the mate- She is a Utah alumna in Washington, important to the District. I have great rial was ordered to be printed in the of whom we are all very proud. respect for the Mayor and members of RECORD, as follows: She has performed expert service as a the city council, and for Delegate EL- BOARD OF DIRECTORS member of the Banking Committee EANOR HOLMES NORTON for the great Daniel M. Singer, Chair, Fried, Frank, Har- staff and now in her new assignment on work she does for the District. I look ris, Shriver & Jacobson the Export-Import Bank. We wish her forward to working with them, along Jacquelyn V. Helm, Vice-Chair, Law Office of well as she ends her career there. with the business leaders, the commu- Jacquelyn V. Helm I wish to note that Jackie has her Roderic L. Woodson, Secretary, Holland & nity leaders, and the labor leaders in Knight priorities straight. One of the reasons the city to help this city be all that it Peter D. Ehrenhaft, Treasurer, Ablondi, Fos- she is leaving the Export-Import Bank can be and all that it should be. ter, Sobin & Davidow is because she is expecting a child. It I am a supporter of home rule and am Nicholas W. Fels, Past-Chair, Covington & will be her first. It will also be Senator a supporter of city leaders making de- Burling DODD’s first. I wish them both well in cisions for themselves in great measure Robert B. Duncan, Hogan & Hartson their new anticipated careers as par- about how this city should be run, and Bert Edwards, (retired), Arthur Andersen ents. I have great confidence in the ability Gary Epstein, Latham & Watkins Jackie understands the importance of those leaders that I just mentioned. Curtis Etherly, Coca-Cola Enterprises, Bot- of a family, and her willingness to give Particularly, I share the Mayor’s vi- tling Companies Rev. Graylan S. Hagler, Plymouth Congrega- public service has been greatly appre- sion for this city in large measure. But tional, United Church of Christ ciated, and her willingness now to give one of the things that Senator DEWINE John W. Hechinger, Sr. (retired) a different kind of service that perhaps and I, and others, have spoken about— Richard B. Herzog, Harkins Cunningham will have a longer lasting impact as she there are many Members of the Senate Carolyn B. Lamm, White & Case prepares to bear and raise a child will and the House, not the least of whom is Edward M. Levin (retired), U.S. Department be something for which she should be the Senator from West Virginia, Mr. of Commerce congratulated also. ROBERT BYRD, the Senator from Ohio, Claudia L. McKoin, Verizon—Washington I join with the other members of the Mr. VOINOVICH, and the Senator from Alan B. Morrison, Public Citizen Litigation Group Banking Committee in saying to Jack- Illinois, Mr. DURBIN, all of whom play a John Payton, Wilmer, Cutler & Pickering ie as she ends her service with the Ex- vital role in the oversight, if you will, Andrew Plepler, Fannie Mae Foundation port-Import Bank: Well done. We are of the District of Columbia. I have Gary M. Ratner, Washington Meeting grateful for your service. We are grate- shared many of my thoughts with them Facilitators ful for your leadership. We are grateful about proceeding in this particular Michael C. Rogers, Metropolitan Wash- for the expenditure of your talents on role. ington, Council of Governments behalf of your country. I want to outline a few issues that I Lawrence R. Walders, Powell, Goldstein, I say to her and CHRIS: Good luck and would like to focus on and that I will Frazer & Murphy best wishes as you embark on the sea be conducting hearings on—and the Affiliations listed only for purposes of iden- of parenthood. My wife and I have had many discussions with Members of tification six children. We now have 16 grand- Congress on some of these issues. STAFF children. And we tell you, Jackie and One is the proper role of the chief fi- Joshua S. Wyner, Executive Director CHRIS, it is very much worth it. nancial officer. I think it is the corner- Lori E. Parker, Deputy Director I yield the floor and suggest the ab- stone of our post-Control-Board re- Emily Greenspan, Program/Development As- sence of a quorum. form. The District has made tremen- sociate The PRESIDING OFFICER (Mr. dous progress—4 years of surpluses, 4 Adam I. Lowe, Program Associate Sara Pollock, Program Associate AKAKA). The clerk will call the roll. years of better management, and 4 The bill clerk proceeded to call the years of developing policies that are Ms. LANDRIEU. Mr. President, it is roll. helping the District to regain its finan- an outstanding board of directors with Ms. LANDRIEU. Mr. President, I ask cial footing. a very able staff. unanimous consent that the order for I think it is very important for us to I believe the District of Columbia the quorum call be rescinded. focus on the role of the chief financial council and the Mayor have referred July 20, 2001 CONGRESSIONAL RECORD — SENATE S8003 very positively to this report. I myself we have had these problems every- acter and keep children occupied at will use it as a guideline as I take re- where in our Nation. There have been very positive activities. sponsibility of this committee because some real breakdowns in our child wel- So with those issues I just outlined, I there are many terrific suggestions fare system. We have let many children want to conclude by simply expressing, outlined here about this particular down. We have not always come to again, my support for the concept of issue—about the proper authority and their rescue when they have cried. We home rule, but also to recognize my power of the CFO. have sometimes left children lan- role as the Chair of this subcommittee, It is important that the financial of- guishing in foster care. We have taken to say that every citizen in our Na- ficer who is assuming much of the re- their only parent they knew away from tion—every citizen, from every walk of sponsibility of the Control Board be them, and then failed to provide them life—has a special interest in the Dis- properly balanced between being re- with another one. trict of Columbia. This city has to sponsive to the Mayor, the chief execu- The system in the United States has function, obviously, and be responsive tive officer of this city, if you will, and caused a lot of pain and a lot of grief. to the residents who live here—the ap- his responsibility to the public gen- We have not supported our courts and proximately 500,000 residents—but this erally to give independent, accurate, our social workers and our front line District has a special responsibility. and timely financial information so we staffers the way we need to around this Unlike any other city—unlike New can continue on this road to reform. Nation. It is no different here in the York or Philadelphia or New Orleans or This report will serve as great guid- District. San Francisco or Chicago, or smaller ance, and it will be the subject of much So I am going to work very closely communities around the Nation—this of our discussion. with Senator DEWINE, the father of city has a particular responsibility to Second, as I said in a public meeting eight children, who is a great leader for every citizen of the Nation because last week with the Mayor and with child welfare on the other side of the every citizen of this Nation looks to Delegate NORTON, I agree with them on aisle, and with Delegate NORTON and this city as the Capital. It is part of the structural changes that the Dis- Congressman DELAY, who are very fo- our democratic heritage that we share trict needs to come to grips with that cused on this issue, to modernize and as a nation of citizens. So I will be try- are necessary to provide long-term fi- strengthen the courts, to create a ing to represent the interests of those nancial health and prosperity for the family- and child-centered court sys- citizens in this debate as much as my District. There are, indeed, some real tem so we stop letting children fall ability will allow. problems, some structural flaws and through the cracks. Finally, in my role as chair, I also some structural deficits that are pre- I read in a book recently that when see responsibility to the Federal Gov- ernment as an employer. We are the venting the city from gathering the tax we say, oh, well, the children just fall largest employer in this District. In re- base and the revenue base necessary to through the cracks, actually that is lation to large employers anywhere— support such a strong and vibrant com- not true because there are no real whether it is Boeing in Seattle or an- munity. That will be subject to some of cracks for children to fall through. other large employer in another city our focus. What they fall through are our fingers. In addition, I assure all who look to They fall through our hands, hands somewhere in America—the Federal the District of our continuing push for that once held them. They have fallen Government employs more people in the District of Columbia directly and modernization, streamlining oper- through. So it is our responsibility to indirectly, by far, than any other em- ations of the District, and reform of make sure the court system at every ployer. regulatory operations so that we mini- level and the child welfare system at As an employer, we have an inherent mize regulation and maximize good re- every level, as much as we can, are interest in the financial management sults for everyone who lives and works strengthened in the District. of the city that we are in about its Finally, in terms of issues, because of here. That is important. daily operations, and we have standing I commend the Mayor for his extraor- the great support and feedback I have in those discussions. So there is a bal- dinary vision about what the schools gotten from a wide variety of people— ance between home rule and the Fed- can be and should be in the District of elected leaders, as well as friends and eral Government’s proper and legiti- Columbia. We have this challenge ev- neighbors of mine as a resident here in mate expressions, as the largest em- erywhere around the Nation—every the District, and actually living on ployer in this city, of how this commu- city, large and small, every commu- Capitol Hill—I believe in the impor- nity should operate and how it should nity, particularly a community with tance of the recreational opportunities function. the large population of citizens who for children of the District, to enhance Then, thirdly, there is a place at the may be under the poverty line; where those recreational opportunities to be table for the citizens in every State citizens who may be at some disadvan- commensurate with the surrounding and community about the District. I tage economically and are struggling suburbs. In the State of Maryland and hope to be able to balance those three with how to create vibrant, well-run in the State of Virginia, there are out- truths as carefully as I can as chair. and well-managed schools; where standing facilities where children of I want to say one more thing about teachers are highly motivated, well those States are able to participate in large employers. If Boeing is dissatis- paid, and highly skilled; where stu- first-class and world-class sports and fied with the way the city of Seattle dents are getting the kind of nurturing recreational activities. I think that is was being run, they have tremendous and support they need as well as a very important for the children and leverage. They can basically pick up place where time-honed values are pre- families of this District. We want them and move their operations. We have sented to children with the right com- to have the same kinds of opportuni- seen large corporations use that lever- bination of discipline and nurturing for ties that children have in this region age many times. We have seen employ- them so they can grow, develop, and be and across the Nation. ers pick up literally 10,000, 15,000 em- all that God intended when he created I am pleased that the National Soc- ployees, and move out of a city to an- them. cer Association, the U.S. Chamber of other place. They vote with their feet. I share the Mayor’s vision for Commerce—a broad bipartisan group of If they do not like the way things are strengthening of the schools. I look citizens around this city—are rallying run, they have that opportunity, and forward to working with the new ini- to the cause of creating this kind of at- employers everywhere exercise that op- tiatives on the development of charter mosphere that is not only important to tion. schools—with more flexibility and children and families, but it is impor- But I will point out, for this discus- choice for parents and a stronger aca- tant to the business community. It sion, the Federal Government, as an demic outcome. I commend him for the gives children something to say yes to. employer, does not truly have that op- work he is doing. I think, as adults, we have a respon- tion. We cannot move the Capital. Also, of great interest, not only to sibility to not just say no to them but Some Senators have tried, but the Cap- me but to many Members of the Sen- to give them some things to say yes to, ital is here, and it is going to stay ate, is the push for reforming the court such as outdoor activities and recre- here. We cannot move the central oper- system in the District. Unfortunately, ation and team sports that build char- ation of this Nation. S8004 CONGRESSIONAL RECORD — SENATE July 20, 2001 So while I would not want to use the The conference report contains no marked for military spare parts in the word ‘‘hostage’’ in the wrong way, we emergency designations. The President fiscal year 1999 supplemental, only are subject to not have the same lever- has said he will not support such emer- about $88 million could be tracked to age that other large employers have. gency designations, so the conferees the purchase of spare parts. The re- So in the role as chair of this com- have not included any emergency des- maining $1 billion—or 92 percent of the mittee, I take on extra responsibility ignations in this bill. Unrequested appropriation—was transferred to oper- to try to communicate, in as construc- items in the bill are offset. ations and maintenance accounts, tive a way as possible, the views of the The conference report is the product where the tracking process broke Federal Government as an employer. of the hard work and cooperation of all down. We must do better in making Particularly in the areas of public safe- of the conferees, especially Senator sure these dollars that are requested ty and transportation, our employees STEVENS, ranking member of the Ap- for spare parts go where they are in- who work in the District, who are em- propriations Committee in the Senate, tended. and Chairman BILL YOUNG, the House ployed by the Federal Government, The conference report includes report Appropriations Committee chairman, have a legitimate standing in those de- language requiring the Secretary of bates. and the ranking member of the Appro- priations Committee in the House of Defense to follow the money and to So let me say, in closing, that I look provide Congress with a complete ac- forward to working with many of my Representatives, DAVID OBEY. I cannot say enough about the co- counting of all supplemental funds that colleagues. Senator BYRD, himself, the are appropriated for spare parts. I am distinguished Senator from West Vir- operation of my friend and colleague, the former chairman of the Appropria- gratified that the administration rec- ginia, served for 7 years in the capacity ognizes this problem and included $100 as chair of this committee. I cannot tions Committee in the Senate and now the ranking member, TED STEVENS. million for strengthening the DOD fi- say at this date that I will serve as nancial management systems in their chair for 7 years—for as long as Sen- The word really isn’t ‘‘cooperation.’’ It is better than that. It is ‘‘leadership’’— recent budget amendment for fiscal ator BYRD served—but I can promise year 2002. you, it will be no less than 4 years. If leadership on the part of Senator TED I can make it 7, I may try, because it STEVENS. TED STEVENS has been exem- The conference report provides $300 is a lot of responsibility and it is a lot plary in his cooperation and support as million for the Low Income Energy As- of work. we have crafted this conference report, sistance Program, an increase of $150 But I come to this chair at a time of as we have crafted this agreement in a million above the President’s request, great promise for this city, and with a bipartisan and collegial way. to help our citizens cope with high en- The distinguished ranking member is great leadership team to work with, ergy costs. The conference agreement on the floor now. As I indicated earlier, the Mayor and the city council, and also includes $161 million for grants to ‘‘cooperation’’ is not really the word. who are poised for reform, some men local education agencies under the There is a better word than that. The and women who have literally given Education for the Disadvantaged Pro- word is ‘‘leadership.’’ I compliment the gram in response to the most recent blood, sweat, and tears to lift this Dis- distinguished Senator from Alaska, Mr. trict to a place that holds great prom- poverty and expenditure data. Also STEVENS, on his leadership in crafting ise for not only the residents who live provided is $100 million as an initial this agreement. U.S. contribution to a global trust fund here, including every single child who It was not an easy task to craft an lives here today, but for families every- to combat AIDS, malaria, and tuber- agreement that had no emergency des- culosis. where. ignation, that offset all unrequested So I am looking forward to that with items, an agreement which conformed A special request was made to me by great anticipation and great enthu- to Senate rule XXVIII and was not one our leader on this side of the aisle, Mr. siasm and will, again, focus on these dime over the President’s request. I DASCHLE. In conformity with his re- important issues. thank all of the conferees for their co- quest, I worked to have $100 million in- I thank the Presiding Officer. I sug- operation. cluded for that purpose, and it is here gest the absence of a quorum. The conference report includes a in this conference report. In addition, The PRESIDING OFFICER. The number of offsets to pay for $92 million requested by the President clerk will call the roll. unrequested items, and Members for the Coast Guard is included, as is The senior assistant bill clerk pro- should know—and perhaps be re- $115.8 million requested for the Treas- ceeded to call the roll. minded—that with passage of the bill, ury Department for the cost of proc- Mr. BYRD. Mr. President, I ask unan- we are at the statutory cap for budget essing and mailing out the tax rebate imous consent that the order for the authority in fiscal year 2001. checks. quorum call be rescinded. H.R. 2216 funds the President’s de- The conference report includes $3 The PRESIDING OFFICER. Without fense request for a net increase of $5.5 million for the Department of Agri- objection, it is so ordered. billion, including $1.6 billion for de- culture for inspection and enforcement f fense health care, $515 million for mili- activities to protect and promote hu- SUPPLEMENTAL APPROPRIATIONS tary pay and benefits, $3.25 billion for mane treatment of animals. ACT, 2001—CONFERENCE REPORT increased military readiness, including the high costs of natural gas and other The American people are becoming Mr. BYRD. Mr. President, today we utilities, for increased military flying increasingly sensitive to the treatment are considering the conference report hours, and for other purposes. The con- of animals. In the past few weeks, in on H.R. 2216, the Supplemental Appro- ference report also includes $278 mil- the local papers here in Washington— priations Act for fiscal year 2001. lion for defense-related programs of the the Washington Post and the Wash- My colleague, Senator STEVENS, is Department of Energy. ington Times—I have read reports of momentarily off the floor. He has some While the conferees have approved animals being processed while still constituents. He understands that we the President’s request for the Depart- alive—processed for food products are beginning our discussions and has ment of Defense, I stress the impor- while still alive. They were not ade- indicated his willingness for me to pro- tance of accountability for these and quately stunned; they could still feel ceed. But he will come to the floor future funds. Financial accountability pain. So we are trying to do something shortly and have some things to say remains one of the weakest links in the about that on appropriations. The also about the conference report. Defense Department’s budget process. American people are becoming sen- On June 1, 2001, President Bush asked This is no criticism of the Secretary of sitive to it. Reports of cruelty to ani- Congress to consider a supplemental Defense. He is a new man on the job. mals through improper livestock pro- request for $6.5 billion primarily for He has been there before, but he inher- duction and slaughter practices have the Department of Defense. The con- ited this. It is an accumulation over hit a nerve with the American people. ference report the Senate will adopt years and years. So this provision attempts to address later today totals $6.5 billion—not one Recently, the General Accounting Of- their growing concern. Additional in- dime above the President’s request. fice reported that, of $1.1 billion ear- spectors are being provided by moneys July 20, 2001 CONGRESSIONAL RECORD — SENATE S8005 that were added in our committee—the covery effort. FEMA estimates that its result in spending the Medicare sur- $3 million added for additional inspec- costs of cleanup and recovery in West plus. tors to enforce the laws that are al- Virginia will be at least $180 million. While we are confronted with this ready on the books. We expect those FEMA funding is available through ex- problem, we on the Appropriations laws to be enforced. isting appropriations, and the com- Committee are very sensitive to it. We The bill includes authority to make mittee has included $2 billion for are very sensitive to it. We are trying payments during fiscal year 2001 from FEMA in the fiscal year 2002 VA-HUD to be responsible. We are trying to be the radiation exposure trust fund to appropriations bill. We did that yester- responsive to the needs of the country, provide compensation to the victims of day in our Senate Appropriations Com- and I think the action by the conferees, radiation exposure for individuals who mittee. and particularly by this Senate and were involved in the mining of uranium I am very appreciative and grateful more especially by our committee, has ore and those who were downwind from for the cooperation my colleagues have indicated that we know how to be re- nuclear weapons tests during the cold demonstrated with regard to the fund- sponsive and we know how to be re- war. These victims have waited for too ing that has been added, which will ac- sponsible. long for this, and I compliment the celerate the pace of recovery in West I thank my colleagues. Again, I Senator from New Mexico, Mr. DOMEN- Virginia. West Virginia is not the only thank the benign hand of destiny for ICI, and Senator TED STEVENS for their State that has been hurt in this regard. allowing me to work with a Senator of insistence upon a proper response by But true to the nature and character of the stature of TED STEVENS. This is not the Congress, by the Government, to the people of West Virginia, West Vir- the first time I have said things like the needs of these people who have ginians immediately began to reclaim this, and it ought not be the last time, been promised assistance. their communities. I have seen this either. The conference agreement includes happen time after time after time over I have been on the committee 43 critical disaster assistance through the the long years in which I have served years. This is my 43rd year. No Senator Corps of Engineers and the Depart- in the Senate—the mud, the muck, the in history has ever served on the Ap- ments of Agriculture, Interior, Trans- misery that accompanies these sudden propriations Committee 43 years, other portation, and Defense in response to storms. West Virginia is prone to these than I. I have seen chairmen come and recent flooding, ice storms, earth- things because we have these steep I have seen them go and, in the main, they have all been good chairmen. quakes, and other natural disasters mountains that run up suddenly from When we are in a time such as this across the Nation. These are the kinds the deep hollows, which lend them- when we have to scrimp and save and of items, certainly, that are eligible to selves to these sudden storms and be called emergencies. These are acts hold on to every penny, as it were, and floods. I find myself chairman of the com- of God—not the acts of man but the This aid will help to repair the mittee, I would be an ungrateful acts of God—and they ought to be des- state’s injured infrastructure and clear wretch if I did not thank my colleague, ignated emergencies. That is what they the debris that has clogged our water- Senator STEVENS, and the other mem- are. They are unforeseen and they are ways. very costly—many times in human The conference agreement does not bers of the committee on both sides of the aisle for my good fortune. lives. There has to be help, and there is include additional funding for FEMA I thank them for my good fortune in a certain area of assistance when these disaster relief or Forest Service fire- having them on board that committee disasters come that can only be sup- fighting programs. On July 17, 2001, at a time when responsibility of being plied by the Federal Government. They OMB Director Mitch Daniels sent the chairman devolves upon me. cost all of the people. So there are Appropriations Committee a letter Again, I say this bill has not one thin times when there must be items in ap- which indicates that the Administra- dime—not one thin dime, not one In- propriations bills that are properly des- tion believes that these programs have dian head copper penny—above the ignated as emergencies. But even so, adequate funding through the end of President’s request; not one penny, not we don’t have any emergencies in this this fiscal year. We will closely mon- one thin Indian head copper penny bill; no items are designated emer- itor this situation and if there is need above the President’s request. Do you gency. There was $473 million in the for additional resources, we will ad- hear me down there at the other end of House bill designated as emergencies dress those needs in the fiscal year 2002 the avenue? We are not one thin dime but not in this conference agreement. appropriations bills, which as I say we above the White House request. We helped the House to find offsets for already began yesterday. We began ad- I think that is something to ponder these items. dressing many of these needs that exist upon. This bill is within the statutory I am particularly pleased that this in several States by including $2 billion spending limits. It is a responsible bill. supplemental bill does include disaster for FEMA. I urge Members to support it. assistance in response to recent floods In its June 19, 2001 Statement of Ad- We had planned to have this matter in West Virginia. During the weekend ministration Policy on House action on before the Senate on Monday, but the of July 7 and 8, communities in eight the supplemental, the Administration administration has indicated its need southern West Virginia counties were states that, ‘‘emergency supplemental for action on this bill today. Senator ravaged by torrential floodwaters. En- appropriations should be limited to ex- STEVENS has responded. He is here at tire towns were buried in mud. For tremely rare events.’’ So I say again his post of duty. We are working with many families, this latest flood came and again and again, this conference the leaders on both sides of the aisle just weeks after cleanup efforts were agreement contains no emergency des- who also have implored us to move on completed from heavy rains in May ignations. I do believe that it is appro- this, and we are doing that. that prompted a Federal disaster dec- priate for Congress and the President Mr. President, I shall shortly turn to laration. In this latest round of dev- to use the emergency authority from my colleague Senator STEVENS, but astating flooding, more than 3,000 time to time in response to natural dis- first, we are moving just a little bit homes were damaged or destroyed, and asters and other truly unforseen ahead of calling up the conference re- the severe impact on the infrastructure events. How rare such events may be, port. Let me do that now. in the southern part of my State—from is up to a power greater than the Con- I ask unanimous consent that the roads, bridges, water and sewer, to gress or the White House. There is such Senate now proceed to the conference power sources—has brought a normal a power. report to accompany H.R. 2216, the sup- way of life to a screeching halt. Mr. President, during debate on the plemental appropriations bill; that The U.S. Department of Agriculture recent tax-cut bill, I argued that the once Senator STEVENS has concluded funding of $8 million is provided in the tax cuts contained in that bill could re- his remarks, the conference report be supplemental to remove debris and ob- turn the Federal budget to the deficit adopted; that the motion to reconsider struction from waterways and to pro- ditch. I stressed that the tax cuts were be laid upon the table; and that any tect property. Additionally, $8 million based on highly suspect 10-year surplus statements be printed in the RECORD. is provided in the supplemental for the estimates and that if those estimates The PRESIDING OFFICER. Without Corps of Engineers to assist in the re- proved illusory, the tax-cut bill would objection, it is so ordered. S8006 CONGRESSIONAL RECORD — SENATE July 20, 2001 The clerk will report the conference I do believe this conference report fire got out of control, a fire on Forest report. meets the needs as defined by the Service lands that actually had gone The senior assistant bill clerk read as President in the submission he made in into the beetle kill area. We have an follows: a request for supplemental. It was an enormous amount of our forests in The committee of conference on the dis- urgent defense supplemental but not an Alaska that have already been killed agreeing votes of the two Houses on the emergency bill that we received. As by beetles. This fire left the Federal amendment of the Senate to the bill, H.R. Senator BYRD said, there is no emer- lands and swooped into an area that al- 2216, having met, after full and free con- gency money in this bill. No account ready had been planned for scheduled ference, have agreed to recommend and do harvest of timber from State lands. We recommend to their respective Houses this required emergency spending. It pro- report, signed by all conferees on the part of vides additional resources for critical had provided for that. It is not emer- both Houses. readiness and for quality of life and gency money, but it is money to assist The PRESIDING OFFICER. The Sen- medical programs. the Forest Service to deal with the ate will proceed to the consideration of At the end of the last Congress, we Kenai Spruce Bark Beetle Task Force, the conference report. passed two bills, one dealing with allowing them to respond to the (The report was printed in the House health care and another dealing with wildfires that are taking place now in proceedings of the RECORD of July 19, pay affecting the Department of De- Alaska due to this problem, the enor- 2001.) fense. In order to fund those, they had mous fire in the kill area where the Mr. BYRD. Mr. President, I yield the to take money out of the first three beetles have killed so many of our floor. quarters of this calendar year and use trees. The PRESIDING OFFICER. The Sen- it for the programs, meaning the other It also has a provision to allow funds ator from Alaska is recognized. programs, particularly the readiness that we previously appropriated for the Mr. STEVENS. Mr. President, I cer- programs which are involved in the State of Alaska to construct a seed lab- tainly commend our chairman, Senator steaming hours, the flying hours, the oratory in Palmer, our agricultural BYRD, for taking the action he has use of tanks in the field, the maneu- area. The law had to be changed so taken and the leadership of the Senate, vers. These cost money. This bill is to that those funds could be used. The Senator DASCHLE in particular. We did fund those. That is why it was urgent money was made available, but there have an urgent plea from the military we finish this bill today. was a defect in the previous law. It that we act today on this bill rather However, there are other priorities, makes permanent a provision that Con- than wait for Monday. We have re- some of which Senator BYRD has men- gress has included in previous bills rec- sponded to that request. It is a supple- tioned. He mentioned the radiation ognizing those tribes in our State of mental. It is primarily concerned with compensation. I point out also there is Alaska that are entitled to tribal pri- Defense appropriations, and it is vi- money for the new problems that have ority allocations, and also makes some tally needed. We hope these come up with regard to the Salt Lake corrections regarding legislation pre- supplementals will not be long needed, City Olympics, for the defense nuclear viously funded, when there were as Senator BYRD has indicated. programs. I commend Senator BYRD banned inadvertently 11 of our crab If we plan our bills properly and they particularly for calling to the atten- vessels from participating in our fish- are executed properly by the executive tion of the committee the President’s ing operations. branch of our Government, we would request for additional money to re- When we handled these, we were able not have requests for supplementals spond to the international AIDS crisis. to make technical changes in the law, unless because of an act of God or be- There is money here. That is a legiti- enabling previously appropriated funds cause of an unforeseen event we were mate supplemental request. It may to be used as we intended them to be called upon to provide additional mon- even come under the heading of being used. There are several of those tech- eys for the current fiscal year. This is an emergency one of these days. It is a nical corrections in this bill that affect money for this current fiscal year. near world emergency. At least we my State. Again, I express my appre- Because of the practices of the past, have jumped the gun and made moneys ciation to Senator BYRD and other moneys have been diverted from the available now, which the President ac- members of the committee for being operation and maintenance account. tually requested for 2002, and the Presi- willing to address those and to allow We tried to account for those. It has dent has indicated an appreciation of making these small changes that are not really been possible to account for that action, and I am sure he will be necessary so these funds already appro- them as much as we would like. Sen- pleased to sign this bill. priated for this year can be used this ator BYRD has indicated we want great- We have started off under a new man- year. That is why the provisions are in er specificity of how the money is agement. A slight revolution went on this bill. spent, particularly from the supple- here and we changed positions, but this Mr. President, the Supplemental Ap- mental, so we can determine whether bill demonstrates we can work to- propriations conference report contains they are needed in the future. gether in a bipartisan fashion. I think two provisions that are very important This one, I am confident, is needed. If the supplemental conference we had to the North Pacific fishing industry. Members of the Senate will remember with our friends in the House, the The first provision makes changes to the long delays in the last part of last chairman of the House committee, the American Fisheries Act to ensure year and the basic problem of utilizing Congressman BILL YOUNG, and the that U.S. lenders may continue to offer some of the moneys from the O&M ac- ranking member, Congressman OBEY, financing to fishermen and fishing count, as I indicated for peacekeeping had probably the best—there is no companies after October 1, 2001. The and other matters, we have gotten into other word for it than ambience, the second provision makes changes to a the habit by the time we reach the best feeling I have had in a long time. fishing vessel capacity reduction pro- fourth quarter of the fiscal year of the We all realized we had a lot to do in a gram to ensure that all vessels which Department of Defense needing more short time to do it. We are behind the meet the standards set by the North money. curve as far as our bills are concerned. Pacific Fishery Management Council We hope we are addressing that situ- This bill came through conference be- may participate in the Bering Sea crab ation in the bill for 2002 so that will tween the House and Senate in record fisheries. not happen. I join Senator BYRD in say- time. The American Fisheries Act, AFA, ing we do not look forward to holding It does represent a lot of things. As helped ‘‘Americanize’’ the domestic the Senate up on Friday afternoons Senator BYRD mentioned, there are fisheries by requiring that U.S. fishing dealing with a supplemental unless it some things for his State, there are a vessels be 75 percent owned and con- truly is for an emergency or for an un- couple things that affect my State. I trolled by U.S. citizens at all tiers of foreseen situation. This is not that bill. will point that out. ownership and in the aggregate. The This is a supplemental because enough Over the Fourth of July recess, I AFA also limits the class of lenders money was not provided for the De- went home and examined the area and that may hold a preferred mortgage on partment of Defense for the current fis- talked to the Forest Service about that a fishing vessel to ‘‘fisheries citizens’’ cal year. These moneys are necessary. area of our State where a controlled who meet the 75 percent standard, July 20, 2001 CONGRESSIONAL RECORD — SENATE S8007 state- or federally-chartered financial States and certain foreign countries. markable men in the way they worked institutions which meet the control- After consultation with the State De- together and the way they worked in ling interest (51 percent) requirement partment, Marad recently determined the House. I want to extend the same in section 2(b) of the Shipping Act of that these treaties exempt foreign own- expressions of thanks and admiration 1916, or lenders using a mortgage trust- ership of U.S. fishing vessels from the to the House staff, Jim Dyer and Scott ee which qualifies as a fisheries citizen. AFA’s 75 percent U.S. ownership stand- Lily. It is remarkable. This is a real These standards apply to the more ards. Section 213(g) of the AFA as en- class act to watch. I also want to thank than 36,000 U.S. fishing vessels in our acted would exempt additional foreign our ranking members, Mr. STEVENS and domestic fleets. The Maritime Admin- investments made between now and Oc- others on that side of the aisle, THAD istration’s implementing regulations tober 1, 2001. This provision closes that COCHRAN and the other Members on the give special scrutiny to vessels 100 feet window, and freezes the foreign owner- Republican side of the aisle in com- in length or greater. ship at today’s levels. mittee. These are fine people to work Since these regulations were promul- The other provision in the Supple- with, never a hint of partisanship. gated, Congress has been told that mental Appropriations Act, section None. most large lenders cannot prove that 2201, corrects an interpretation of law In closing, I also inadvertently omit- they are U.S. citizens under Marad’s that inadvertently disqualified several ted the name of Senator BINGAMAN rules. Proof can only be made through vessels from the crab fisheries. This when I spoke about the authority to an examination of shareholder records, provision restores the eligibility of make payments during fiscal year 2001 which is a practical impossibility for those permit holders which used the from the reparation exposure trust widely-held companies. Shares in these fishing history from multiple vessels to fund. lending institutions are traded thou- meet the qualifying periods agreed to I mentioned the leadership of Sen- sands of times a day, and are often held by the North Pacific Council. ator STEVENS and Senator DOMENICI in by mutual funds on behalf of the real My last comment is that we have ex- this area. I inadvertently overlooked equity owners. The same proof prob- pressed a desire from our majority the name of Senator BINGAMAN. He was lems have discouraged financial insti- leader that we try to move nine bills an original Senate sponsor of this ef- tutions from acting as mortgage trust- before the August recess. That is 2 fort. He is not on the committee, but ees. weeks away. I am committed to try he certainly attends to his duties and Section 2202(a) moves the provisions and work with Senator BYRD and other responsibilities toward the people of defining a mortgage trustee from Chap- Members to achieve that goal. I think New Mexico. In this instance they can ter 121 of title 46, which deals with ves- it is important to do it, if possible. be proud of him, likewise. sel documentation, to chapter 313, The fact this is a fair and balanced Madam President, I thank the Chair. which deals with vessel mortgages. agreement and one that has come out My, ‘‘how sweet it is,’’ as Jackie Glea- This will prevent the loss of a fishery of our committees on a bipartisan basis son used to say, how sweet it is to is a harbinger of good things ahead. I endorsement by a vessel if that vessel’s serve with men and women like we hope we can work on the other bills the mortgage trustee falls out of compli- have on our Appropriations Com- way we have on this one and dem- ance with the statute. mittee. Section 2202(b) expands the class of onstrate our commitment to catch up I yield the floor. lenders eligible to hold a preferred on the appropriations process and de- Mr. STEVENS. Madam President, I liver on the request of the majority mortgage to include state- or federally- thank Senator BYRD for his comments chartered financial institutions insured leader: that we report out and get to in honor of Terry Sauvain who is now conference prior to the time we leave by the Federal Deposit Insurance Cor- staff director of the full committee. for the August recess the nine bills poration, farm credit lenders, specific This is his first bill in that capacity. that have been outlined by the chair- banks created under state law, and eli- This demonstrates his basic approach, man. and we are blessed by his presence and gible commercial lenders. This provi- Again, I am grateful and humbled by knowledge, that he also has decided to sion more accurately reflects the types the comments of my friend from West proceed, as Senator BYRD and I have, of lenders currently making loans to Virginia, having been my mentor for so on a bipartisan basis. He has been very the fishing industry. many years. To have him make the Section 2202(c) expands the class of gracious to all Members on our side. I comments he did concerning me is a eligible mortgage trustees to include thank Senator BYRD for commenting humbling matter. It is more than a any entity eligible to hold a preferred about Steve Cortese, a brilliant former privilege to serve with Senator BYRD. mortgage directly, provided that it staff director, now staff director for the It is really a great honor. To be able to also meets other requirements. Marad minority. He really is a key man in the stand here now as the ranking Repub- will specifically analyze the trust ar- Senate as far as I am concerned; and lican is something I wasn’t sure would rangements of beneficiaries which are Andy Givens here, working with me ever occur to me, just as I am not sure not commercial lenders, or are not eli- along with Lisa Sutherland; and I am I would become chairman, but I fer- gible to hold preferred mortgages di- pleased Senator BYRD mentioned Sen- vently hope some day I might become rectly. ator THAD COCHRAN, who is here, who chairman again. Section 2202(d) delays the effective (Ms. STABENOW assumed the chair.) was a member of our conference and date of these changes until 2003 to give Mr. BYRD. Will the Senator yield? has really contributed greatly to the Marad time to develop new regulations. Mr. STEVENS. Yes. outcome of this bill. I strongly encourage Marad to promul- Mr. BYRD. Upon his completing his It is my understanding when I yield gate draft regulations by March 1, 2002, statement, the Senate will have acted the floor the bill will pass; is that cor- and final regulations not less than 180 on this conference report. rect, Madam President? days later, so that Congress may re- Let me refer to some things I inad- The PRESIDING OFFICER. The Sen- view the new rules before they take ef- vertently overlooked. One is the splen- ator is correct. fect. Additionally, Congress’s signifi- did staff work that was demonstrated Mr. BYRD. Will the Senator yield. cant concern over foreign control of in bringing this conference report to Forgive me for asking him to yield one fishing vessels that led to the AFA has the floor and bringing the meeting of more time. In speaking of our ranking not lessened since it was enacted in the minds of conferees in both Houses, member, I must not overlook the splen- 1998. In promulgating new rules that the meeting of the minds together. It did work of the paradigm of patriotism take into account the specific legisla- was the most remarkable display of that is constantly and consistently and tive changes made by this provision, statecraft that I have seen in my serv- always and never-endingly shown by Marad should also take every step nec- ice on committees in the Senate, the DANNY INOUYE, the ranking member of essary to ensure that foreign capital is way our staffs worked. our committee on this side of the aisle, neither impermissibly invested in nor The Senate appropriations staff on and how fortunate we are to have, in controlling our fisheries. both sides is a class act, a class act. this particular bill which deals mostly Finally, Section 2202(e) addresses I thank Terry Sauvain and Chuck with defense, how fortunate we are to commerce treaties between the United Kieffer and Steve Cortese. These are re- have the guidance and the leadership of S8008 CONGRESSIONAL RECORD — SENATE July 20, 2001 the chairman, TED STEVENS, and the greatness of man is unfolded out of tion. She is an outstanding Presiding ranking member, DANNY INOUYE of the woman.... Officer, and she is willing to spend the Defense Appropriations Committee How fortunate we are to have had a time and make the commitment to subcommittee. degree of presiding professionalism as preside over the Senate. As the chair- Mr. STEVENS. Will the Senator we see in the new Members of this Sen- man has indicated, we have a number yield? ate as they are called upon to preside of extraordinary Senators who are Mr. BYRD. Yes. every day. It is a chore. They have to spending the time and making that Mr. STEVENS. Turn that over. We take their valuable time away from kind of commitment. I applaud all of have just changed seats. their office and desk where they may them and I appreciate the way in which Mr. BYRD. Yes. OK. be reading letters from constituents, they are presiding. I commend espe- Mr. STEVENS. Chairman INOUYE and signing letters to constituents, dic- cially the distinguished Senator from Ranking Member STEVENS. tating letters to constituents, or work- Michigan. Mr. BYRD. The Senator is correct. ing in a hundred other ways every day I am disappointed that beginning But those two, TED STEVENS and in the service of the Nation, the service next week we will not have bipartisan DANNY INOUYE, are just like TED STE- of the people of their State. Yet they Presiding Officers. I appreciate the im- VENS and ROBERT BYRD. It really give their time to come here and pre- portance of the job of the Presiding Of- doesn’t make a difference. If it weren’t side. ficer, especially late in the day on a for the fact that I am expected, if I This group of Presiding Officers in Friday. leave the Chair momentarily, to call on this new class of Senators is the best f a Democrat, I would just be as sure and overall group I have seen in my 43 as confident and secure if I turned it years of service in the foremost upper ENERGY AND WATER DEVELOP- over to TED STEVENS. It would not body in the world today. This is a good MENT APPROPRIATIONS ACT, make a bit of difference to me person- example. 2002 ally. I would say: TED, I have to go out The Presiding Officer, DEBBIE MODIFICATION TO AMENDMENT NO. 2311 for a moment to see some constituents. STABENOW from Michigan, is not read- Mr. DASCHLE. Madam President, I Would you take over? ing a magazine. She is not sitting up ask unanimous consent that the We are fortunate, though, in having there reading the newspapers. She is amendment found on page 56 of the TED STEVENS and DANNY as the two not sitting up there signing mail. managers’ amendment numbered 1024 key members on national defense, ac- There used to be a telephone up there. to H.R. 2311, the energy and water ap- tive at the helm in our development When I became majority leader, I propriations bill, be modified with the and managing of this supplemental. I yanked that telephone out so people technical correction to the instruction thank the Senator. who are presiding cannot sit there and line which I now send to the desk. Mr. STEVENS. I was going to men- talk on the telephone. I urge all new The PRESIDING OFFICER. Without tion Senator INOUYE because he men- Members when they sit up there and objection, it is so ordered. tioned to me earlier we ought to do preside to pay attention to the Senate. The modification is as follows: something to try to see if we can get Please don’t be signing your mail up On page 11, after line 16, insert the fol- this bill finished today. So we have met there. Please don’t be reading a maga- lowing: Senator INOUYE’s request. zine. Please don’t be reading news- I yield the floor. papers. Be alert to what is being done f The PRESIDING OFFICER. Is there on the Senate floor. DEPARTMENT OF TRANSPOR- further debate on the conference re- It is a suggestion that goes over very TATION AND RELATED AGEN- port? well at first, but then so many times I CIES APPROPRIATIONS ACT, 2002 If not, under the previous order, the have noticed they lapse into the same AMENDMENT NO. 1029, AS MODIFIED conference report is agreed to. The mo- old habit of reading and signing their Mr. DASCHLE. Madam President, I tion to reconsider is laid upon the mail. It just kind of makes my spirit ask unanimous consent that the pre- table. fall. But I do not see these new Sen- viously agreed to amendment num- Mr. COCHRAN. Madam President, I ators doing that. They do not bring bered 1029 be modified with the lan- suggest the absence of a quorum. their mail up there. They sit there, guage at the desk in order to vitiate The PRESIDING OFFICER. The very alert. And when they ask for action on the last division of the clerk will call the roll. order, they get it. amendment. The legislative clerk proceeded to I will have more to say about this on The PRESIDING OFFICER. Without call the roll. Monday, I promise you. But I just objection, it is so ordered. Mr. BYRD. Madam President, I ask couldn’t let this occasion pass or this The amendment (No. 1029), as modi- unanimous consent the order for the fleeting moment go by without compli- fied, was agreed to, as follows: quorum call be dispensed with. menting the Senator from Michigan, On page 20, line 16, strike the numeral and The PRESIDING OFFICER. Without DEBBIE STABENOW, who sets a fine ex- objection, it is so ordered. ample as a Senator and as a Presiding all that follows through the word ‘‘Code’’ on page 18 and insert in lieu thereof the fol- The Senator from West Virginia. Officer. lowing: ‘‘$3,348,128 shall be set aside for the f Madam President, I suggest the ab- program authorized under section 1101(a)(11) sence of a quorum. COMPLIMENTING SENATOR of the Transportation Equity Act for the 21st The PRESIDING OFFICER. The STABENOW AND HER FRESHMEN Century, as amended and section 162 of title clerk will call the roll. 23, United States Code;’’ COLLEAGUES The senior assistant bill clerk pro- On page 33, line 12, strike the word ‘‘to- Mr. BYRD. Madam President, I would ceeded to call the roll. gether’’ and all that follows through the not want this beautiful July afternoon Mr. DASCHLE. Madam President, I semi-colon on line 14. to pass without my paying com- ask unanimous consent that the order f pliments to the Senator who is pre- for the quorum call be rescinded. LEGISLATIVE APPROPRIATIONS siding over the Senate at this point. The PRESIDING OFFICER. Without ACT, 2002 She presides with a dignity and bearing objection, it is so ordered. OFFICE OF TECHNOLOGY ASSESSMENT and manner and presence that are so f rare as a day in June. Mr. BINGAMAN. Mr. President, my Just look at that smile. I have never COMMENDATION OF THE amendment intends to restore a lost seen a more beautiful smile than that PRESIDING OFFICERS capability to assess the effects of the Presiding Officer today constantly Mr. DASCHLE. Madam President, I science and technology on our Congres- wears. know the distinguished chairman of sional policymaking process. Walt Whitman said: the Appropriations Committee just Mr. DURBIN. Is the Senator pro- A man is a great thing upon the earth and complimented the Presiding Officer, posing to restart the former Office of throughout eternity, but every jot of the and I, too, want to add my commenda- Technology Assessment? July 20, 2001 CONGRESSIONAL RECORD — SENATE S8009 Mr. BINGAMAN. I am not proposing ACCESS TO VA HEALTH CARE IN VA medical centers. After hours of to restart Office of Technology Assess- WEST VIRGINIA driving, veterans may sit for many ment (or OTA). But, I feel that today Mr. ROCKEFELLER. Madam Presi- more hours in a waiting room, without we lack the analytical insight of its dent, as chairman of the Committee on meals or a safe place to rest. A shock- technology assessment process. Veterans’ Affairs, I want to share with ing number of veterans disabled by spi- Mr. DURBIN. How is the Senator pro- my colleagues some of the concerns nal cord injuries neglect basic medical checkups to avoid travel. One West posing that these funds be used? voiced by veterans at a recent field hearing in my state of West Virginia. Virginia veteran described making Mr. BINGAMAN. I am proposing a On July 16, the Committee held a more than 30 round trips to the VA one year pilot program to utilize tech- hearing in Huntington, West Virginia, hospital at Richmond for tests based nology assessment methodology to to examine the challenges facing vet- on a single referral; and his story, un- analyze current science and technology erans from rural areas who receive fortunately, is not unique. This is not issues affecting our Congress. I am pro- health care through the Department of only inconvenient for the veteran, but posing to implement this by con- Veterans Affairs. The Committee held a waste of VA resources. tracting with outside non-profit agen- its last West Virginia field hearing on VA must focus on coordination and cies such as the National Academy of access to rural VA health care in 1993. management of care between facili- Sciences. My intent was for the Con- Since then, profound changes in VA’s ties—both to provide the best health gressional Research Service to manage health care delivery—a rapid increase care and to consider the practical this activity as I feel they are better in community clinics, eligibility re- needs of veterans. For veterans who suited to conduct and oversee this type form that opened the system to more must drive long distances or depend on of long term research activity. In doing veterans, and the reorganization of VA van services, appointments could be so. I was hoping that oversight would into 22 service networks—have affected scheduled to accommodate their trav- be provided by the Senate Rules and how veterans access basic and special- eling times. VA could coordinate tests House Administration Committees and ized medical care. to compress them into the shortest through these Committees, the Joint The challenges that face VA in pro- time span possible, with lodging ar- Committee on the Library of Congress. viding the best health care possible to ranged when an overnight stay is re- our Nation’s veterans are often mag- quired. Veterans who served this coun- Mr. DURBIN. Who is the Senator now nified in rural areas, where veterans try should not be expected to sleep in proposing to manage this activity? and VA caregivers must stretch al- waiting room chairs and to go hungry Mr. BINGAMAN. It has been sug- ready limited resources over long dis- when simple attention to details can gested that the General Accounting Of- tances. West Virginia contends with a prevent excessive traveling and long fice can better serve this function. I unique situation: each of our four VA waits. At the very least, VA should feel that the General Accounting Office medical centers belongs to a different have a systemwide plan for commu- may not be suited for such a long term VA service network. While this parti- nicating how transfers work, and what research activity. The GAO is inves- tioning creates problems for West Vir- resources are available, to veterans and tigative in nature. However, it is better ginians, it also offers the Committee their families. to start an initial pilot program uti- the opportunity to study in microcosm Although it is impossible to expect lizing the OTA technology assessment the problems facing veterans through- that every veteran in the Nation’s vast method rather than no pilot program out the VA health care system. rural areas can access every health at all. So, I offer this amendment to Regrettably, many of the problems care service close to home, it is essen- use the General Accounting Office. discussed at the 1993 field hearing re- tial that—should they require care at But, I ask the Chairman that during main with us: the struggles with an in- distant VA or private facilities—their conference, serious consideration be adequate budget, long waiting times transfers happen as simply and effi- given to my request of having the Con- for care, too few VA personnel to pro- ciently as possible. VA’s network and gressional Research Service manage vide specialized care, insufficient long- hospital directors must eliminate bar- term care services, and transportation riers to coordinating and managing this pilot program. problems for veterans traveling to or care between medical centers or be- Mr. DURBIN. How will the initial between VA medical centers. And, with tween networks. I will continue to studies be chosen for the pilot program the aging of the veterans population work with VA to find better ways to and how will it be reported? and continued absence of meaningful communicate with veterans and to Mr. BINGAMAN. The General Ac- prescription drug coverage under Medi- make transfers as seamless as possible. counting Office should submit a listing care, veterans’ concerns about access The Millennium Act, which VA has of Congressionally relevant technology to, and copayments for, prescription been shamefully slow to implement, assessment studies to its oversight drugs grow even more pressing. will provide veterans with access to committees, the Senate Committee on It will not be easy to solve these noninstitutional long-term care serv- Governmental Affairs and the House problems; after the President’s recent ices. As I heard from the son of a World Committee on Government Reform. tax cut, there is simply not enough War II ex-prisoner of war, now being money available—either in the Presi- cared for at home at his family’s ex- From this list, two projects should be dent’s budget or the Budget Resolution pense, aging veterans suffering from chosen, one by each Committee no adopted by the Congress—for veterans’ PTSD need caregivers who understand later than October 31st, 2001. The tech- health care. That said, we must do our the legacies of war-time experiences. nology assessment studies should then best to improve access to rural health The Committee will continue to over- begin with a report given to both Com- care with the resources that we have. see VA’s efforts to bring long-term care mittees, and the House and Senate Ap- On July 16, West Virginia veterans services—both nursing beds and non- propriations Committee, no later than talked to me about the obstacles they institutional services—to the veterans June 15, 2002. At that time the decision face just to get an appointment at a who need it. can be made as to whether this tech- VA health care facility, and then in I have advocated the opening of com- nology assessment process was bene- getting to that appointment for care. munity-based outpatient clinics, which ficial enough to continue it a second Veterans report to the State Veterans bring basic primary health care closer year. If this pilot program is to con- Coalition that they regularly wait to the veteran. These outpatient clin- tinue, I recommend that the funding be months for an appointment for basic ics are enormously important to vet- executed using the Office of Tech- VA medical care—or even longer for a erans in rural areas, and I will con- nology Assessment authorization lan- first visit. After veterans have finally tinue to urge VA to make these clinics guage. Rather than OTA’s 200 person, seen a doctor for a first exam, they the best they can possibly be—without $20 million budget, the organization may wait weeks or months longer for a sacrificing the specialized programs at would be a small legislative branch referral to needed specialty care. which VA has excelled. staff using outside non-profit groups to For veterans in rural areas, referrals We have to count more than just the perform the in-depth research. frequently require a transfer to distant number of clinics and hospitals when S8010 CONGRESSIONAL RECORD — SENATE July 20, 2001 we talk about access to health care— The World War II generation is fre- This plaque we dedicate today is in mem- we must consider waiting times for an quently referred to as America’s ory of our comrades, and in extension is in appointment. Many of the delays in ap- ‘‘Greatest Generation,’’ and this is no memory of all who were laid to rest in the pointments, referrals, and transfers more true of the Sixth Naval Beach hallowed ground of the Normandy Cemetery. that veterans experience stem from in- The plaque will be a perpetual reminder of Battalion. They landed on Omaha the sacrifices made here on this beach, not adequate staffing, especially the in- Beach early in the morning of June 6 only the 6th Naval Beach Battalion but the creasingly critical shortage of skilled and faced extraordinary peril on that Coast Guard and Army too. nurses. I have recently introduced leg- historic day. Yet, the Battalion dem- Last year at the 12th annual reunion of our islation to improve VA’s ability to re- onstrated its courage and fought gal- battalion we were presented with the Presi- cruit and retain nurses, whose skills lantly despite overwhelming odds. We dential Unit Citation. It had been rec- are essential to providing high quality owe a tremendous debt of gratitude to ommended by the Joint Command of Oper- health care in a timely fashion. all of the members of the Battalion, ation Overlord, which was the code name for Finally, I would like to take this op- the invasion of France, both the Army and both living and deceased, for the hard- Navy issued approval and recommendations portunity to acknowledge the efforts of fought victory over tyranny that was the many volunteers who help bring that the 6th Naval Beach Battalion be hon- achieved on that day. ored with the citation. rural veterans closer to health care. I would like to share my gratitude When inquiries were made by some of our Disabled American Veterans (DAV) op- for the bravery and selflessness of the men, the Defense Department began looking erates a nationwide Transportation Sixth Naval Beach Battalion. I would into the situation and in September of last Network that helps sick and disabled hope that America never forgets the year there followed a full ceremony for the veterans reach VA medical facilities great sacrifice that the Battalion’s presentation of the award. for care. Since its inception, DAV vol- For 56 years we of the 6th Naval Beach members made in the defense of our unteers in West Virginia have dedi- Battalion were known by writers as the liberty. Mr. President, I ask unanimous cated more than 700,000 hours of time ‘‘Forgotten Sailors.’’ Many of the officers consent that the speech given by Lieu- to driving veterans to medical appoint- and men of the Battalion had been recog- tenant Commander Joseph Vaghi at nized for individual heroism but not the Bat- ments, often in vans donated by DAV the unveiling of the commemorative talion as a unit. to the VA. Nationally, DAV Hospital plaque be printed in the RECORD. Our being here today is the cap-stone of Service Coordinators operate 185 such There being no objection, the mate- our res´on d’etre, the 6th Naval Beach Bat- programs, where 8,000 volunteers do- rial was ordered to be printed in the talion stands with all the great body of men nated almost 2 million hours last year who have been immortalized here on these RECORD, as follows: alone. Although this program does not beaches. Permit me to close by quoting replace VA’s obligation to bring serv- DEDICATION ADDRESS OF THE 6TH NAVAL President Roosevelt, ‘‘The quality of our ices close to the veteran where possible BEACH BATTALION PLAQUE AT OMAHA American fighting men is not all a matter of BEACH—NORMANDY, FRANCE and to smooth transfers between med- training, or equipment, or organization. It is essentially a matter of Spirit. That Spirit is ical centers, this service is certainly (By LCDR Joseph P. Vaghi, USNR (Ret.)) We are here today this 5th day of June expressed in their faith in America!’’ indispensable to disabled veterans who That was the faith we had then and the must reach a VA medical center for 2001, to unveil a plaque dedicated in memory of the men of the 6th Naval Beach Battalion faith we have today. Thank you, may God necessary medical care. who gave their lives on D-Day, June 6, 1944. bless America. Mr. President, in closing, I look for- A small remnant of living members of our f ward to working with VA and my col- Battalion is also here today to pay tribute to leagues in the Senate to find the best their comrades, who have fallen and paid the LOCAL LAW ENFORCEMENT ACT ways to extend health care more effi- ultimate price by giving their lives. OF 2001 ciently—and effectively—to veterans in Each and every person here for this unveil- Mr. SMITH of Oregon. Madam Presi- our Nation’s rural areas. We owe our ing shares in the victory of freedom over tyr- dent, I rise today to speak about hate veterans nothing less. anny by the selfless action which took place 57 years ago on this sacred soil of Omaha crimes legislation I introduced with f Beach. Senator KENNEDY in March of this IN RECOGNITION OF THE SIXTH You will remember that for four long years year. The Local Law Enforcement Act NAVAL BEACH BATTALION the fate of freedom flickered in the shadow of 2001 would add new categories to of the world’s aggressions. current hate crimes legislation sending Mr. DOMENICI. Madam President, I We watched as the war in Europe spread a signal that violence of any kind is rise today to recognize the bravery and across the English Channel to Britain. Then unacceptable in our society. fortitude of the Sixth Naval Beach Bat- came Pearl Harbor. We as a nation were at I would like to describe a terrible talion, many of whom gave their lives war. for their country on D-Day, June 6, It was on these beaches of Normandy that crime that occurred July 27, 1990 in 1944. Recently, a small group of the liv- the 6th Naval Beach Battalion made its con- Grand Chute, WI. Two policemen, from ing members of the Battalion gathered tribution in the fight for liberty and against Marathon County and Blanchardville, in Normandy, France to unveil a com- tyranny. This became the greatest military were accused of disorderly conduct in operation in all of history. the beating of a gay man. Witnesses memorative plaque dedicated to their The men of the 6th Naval Beach Battalion fellow sailors who paid the ultimate said the officers, who were in a local had great faith that what was head of us was nightclub, began taunting the victim price for the defense of liberty. This right and just. We knew what we were doing memorial will serve as a small re- had to be done. on the dance floor with anti-gay slurs. minder of the tremendous sacrifice It made little difference if we were 18 or 38 Witnesses said they later saw the offi- that these men made in order to secure years of age. We knew that what we were cers beat and kick the man in the the freedoms that we, as a nation, now about to do was in some manner exactly parking lot. The victim was treated for enjoy. what God wanted us to do. bruised ribs and internal injuries. Unfortunately, for many years, the The men of the 6th Naval Beach Battalion I believe that Government’s first Sixth Naval Beach Battalion was prepared for D-Day at Camp Bradford, VA., duty is to defend its citizens, to defend and Fort Pierce, FL., on the beaches of them against the harms that come out known as the ‘‘Forgotten Sailors.’’ Slapton Sands, England, and in training with While many of its members were indi- the 5th Engineer Special Brigade in Swansea, of hate. The Local Law Enforcement vidually recognized for their bravery, Wales. Enhancement Act of 2001 is now a sym- the Battalion as a whole had never At each step, we become more aware of the bol that can become substance. I be- been recognized. However, thanks to responsibility we would be asked to assume lieve that by passing this legislation, the persistent efforts of its living mem- as we landed on the shores of France. we can change hearts and minds as bers, the Battalion was finally honored Elements of our battalion who were part of well. last year with the Presidential Unit Ci- the Underwater Demolition Team landed at H-Hour (6:30 in the morning) with the main f tation. This great honor was presented body of the battalion coming ashore an hour to the Battalion at its annual reunion DEPARTMENT OF JUSTICE and five minutes after H-Hour at 7:35 a.m. NOMINATIONS last year, and I am proud that the val- Of the thousands of men who came ashore iance of these men has finally been rec- that day, 9386 are at rest in the cemetery Mr. LEAHY. Mr. President, I am ognized. above the cliffs behind us. pleased that the Judiciary Committee July 20, 2001 CONGRESSIONAL RECORD — SENATE S8011 has reported another group of execu- This week the Judiciary Committee President’s party stand in sharp con- tive branch nominees and that the Sen- proceeded with back-to-back days of trast to the treatment of Bill Lann ate will be acting on the President’s hearing on the important nominations Lee. nominations to head the Civil Rights of Asa Hutchinson to head the Drug I join with Senator KENNEDY in urg- Division and the Tax Division of the Enforcement Administration and ing the Senate to act favorably on the Department of Justice so promptly. James Ziglar to head the Immigration nomination of Ralph Boyd, Jr. Just as the committee proceeded and Naturalization Service. I have no- f promptly with the consideration of the ticed another hearing for next Tuesday President’s nomination of John for judicial and executive branch nomi- NOMINATION OF JOHN D. GRAHAM Ashcroft to be Attorney General, when nees, including the President’s nomi- Mr. TORRICELLI. Mr. President, I I temporarily chaired the committee in nees to be Assistant Attorney General rise today to express my opposition to January, we are continuing to move to head the Office of Justice Programs the confirmation of John D. Graham, promptly on other nominations this and to be the Director of the National Ph.D. to direct the Office of Informa- month. In January, the Senate did not Institute of Justice. tion and Regulatory Affairs, (OIRA), at receive the nomination of John The Senate received the President’s the Office of Management and Budget, Ashcroft until January 19 and reported nomination of a new FBI Director on (OMB). it to the Senate the very next day. In Wednesday of this week and I pro- As Administrator of OIRA, Dr. deference to the President, the com- ceeded that same day to notice hear- Graham would be the gatekeeper for all mittee had moved ahead with hearings ings on that important nomination to Federal regulations. In my view, Dr. on the nomination the week of January begin a week from Monday. It is my Graham, with his anti-regulatory 16 in advance of receiving the nomina- hope that with the cooperation of all views, is simply the wrong choice to tion by the President. Members and the administration we serve in this important policy making The Senate has confirmed the Presi- should be able to make progress and position. dent’s nominations of the Attorney work toward Senate consideration of In enacting the Occupational Safety General, the Deputy Attorney General the nomination of Robert Mueller to be and a controversial nomination to and Health Act, the Clean Air Act and Director of the Federal Bureau of In- serve as Solicitor General. The Presi- other safety and health and environ- dent has yet to nominate anyone to be vestigation before the August recess, if mental laws, Congress made a clear Associate Attorney General, the third possible. I have asked for the coopera- policy choice that protection of health highest ranking position at the Depart- tion of all members of the committee, and the environment was to be para- ment of Justice. We have confirmed on both sides of the aisle. I noticed the mount consideration in setting regula- nominees to serve as Deputy Attorneys hearings on Robert Mueller’s nomina- tions and standards. Dr. Graham’s General to head the Criminal Division, tion to begin on July 30. We will see if views and opinions are directly at odds the Antitrust Division, the Office of it is possible for the committee act on with these policies. Legislative Affairs, and the Office of that nomination before the August re- f cess, which would be my preference. Legal Policy. ADDITIONAL STATEMENTS In late May, Chairman Hatch con- I regret that Senators and their ducted a hearing on the nomination of staffs will have not have more time to prepare for so important a hearing as Ralph F. Boyd, Jr., to be the Assistant CONGRATULATIONS TO THE MONT- that on the nominee to be the next Di- Attorney General in charge of the Civil GOMERY HIGH SCHOOL CLASS OF rector of the FBI. It is my hope that Rights Division. I had included Mr. 1951 Boyd’s nomination on the agenda for a the series of oversight hearings regard- ∑ business meeting of the Judiciary Com- ing the FBI in which we have been en- Mr. ROCKEFELLER. Madam Presi- mittee last week, our first week in ses- gaged, including our hearing this week, dent, I believe that it is our families, sion after the adoption of a Senate or- have helped and that Senators will be friends and communities that create ganizing resolution and the assignment able to adhere to an expedited schedule the very essence of our beings. They of committee membership. But less for the hearing, a very brief turn- serve as our roots, instilling the values than half of the Republican members of around time for written follow up ques- that shape our personal relationships the committee showed up for the busi- tions and immediate Committee con- and our professional careers. ness meeting on July 12. We were un- sideration. In youth, we often fail to realize the able to reach a quorum last week to re- We have set an ambitious schedule of crucial role that these people play, and port out the President’s nominations five confirmation hearings this month we often lose touch with the people to the Justice Department. Yesterday, on the President’s nominees. We have who mold us into whom we are today. at our next business meeting of the Ju- completed three of those confirmation With the passage of time, we can only diciary Committee, we reported that hearings and have another scheduled wonder what path we might have oth- nomination to the Senate. for each of the next two weeks. We erwise taken had we maintained con- It took the Senate the entire month have also reported a number of nomi- tact. Today, I would like to join a very of June to pass S. Res. 120, a simple nees, including the three Judicial special group of West Virginians—the resolution reorganizing the commit- Branch and two Executive Branch Montgomery High School class of tees. It was only last Tuesday that as- nominees before the Senate for consid- 1951—as its members renew the bonds signments to committees were com- eration today. of youth in celebrating the 50th anni- pleted. Last Wednesday, the first day The nomination of Ralph Boyd, Jr., versary class reunion. after the committee membership was to head the Civil Rights Division was As the members of Montgomery High set, we proceeded to hold a confirma- reported unanimously and without ob- School class of 1951 gather for their tion hearing including additional an jection by the Judiciary Committee. 50th anniversary reunion, they will re- executive branch nominee, Eileen Senator KENNEDY, in particular, has call the carefree days of their youth. O’Connor to be Assistant Attorney been a strong and consistent advocate Once again, they will refer to them- General for the Tax Division of the De- for this nomination and I thank him selves as the Greyhounds of Mont- partment of Justice. Today the Senate for his efforts. This will be one of the gomery High. Visions of victorious has that nomination before it because least contentious paths for a nominee football games and summer vacations we were able to expedite its consider- to head the Civil Rights Division in will waft through their collective ation by the committee at our business some time. Indeed, the Judiciary Com- memory as they join in singing their meeting yesterday. I expect the Senate mittee refused for the last three years beloved Alma Mater. will confirm Ms. O’Connor, another of of the Clinton administration even to They’ll reminisce about Saturday the President’s nominations to a key report to the Senate President Clin- nights at the Rockette and spending post at the Department of Justice. I ton’s nomination to head the Civil afternoons with friends at Kelly’s Drug am glad to be able to accommodate the Rights Division. The handling of this Store. More importantly, they will re- request of the Attorney General to ex- nomination and the treatment of the member the diversity that makes pedite her consideration. nominee by Members not from the Montgomery such a very special place. S8012 CONGRESSIONAL RECORD — SENATE July 20, 2001 Communities such as Cannelton, Kim- EC–2961. A communication from the Sec- (Formerly Plant-Pesticides)’’ (RIN2070–AC02) berly, Powellton, Smithers, and Deep retary of Health and Human Services, trans- received on July 16, 2001; to the Committee Water joined together, creating a mitting, a draft of proposed legislation enti- on Agriculture, Nutrition, and Forestry. EC–2972. A communication from the Assist- unique bond that remains today. tled ‘‘Medicare Contracting Reform Amend- ments of 2001’’; to the Committee on Fi- ant Administrator of the Environmental The Class of 1951 should be com- nance. Protection Agency, transmitting, pursuant mended for renewing the bonds fostered EC–2962. A communication from the Chief to law, the report of a rule entitled ‘‘Exemp- more than 50 years ago. In celebrating of the Regulations Unit, Internal Revenue tion From the Requirement of a Tolerance this occasion, its members remind us of Service, Department of the Treasury, trans- Under the Federal Food, Drug, and Cosmetic the importance of community in our mitting, pursuant to law, the report of a rule Act for Residues of Nucleic Acids that are own lives. entitled ‘‘2000 Differential Earnings Rate’’ Part of Plant-Incorporated Protectants (For- In honor of Montgomery High School (Rev. Rul. 2001–33) received on July 18, 2001; merly Plant-Pesticides)’’ (RIN2070–AC02) re- to the Committee on Finance. ceived on July 16, 2001; to the Committee on class of 1951, on the occasion of its 50th EC–2963. A communication from the Chief Agriculture, Nutrition, and Forestry. anniversary, I am reminded that ‘‘be- of the Regulations Unit, Internal Revenue EC–2973. A communication from the Assist- tween the lofty mountains where the Service, Department of the Treasury, trans- ant Administrator of the Environmental great Kanawha flows, in a valley that mitting, pursuant to law, the report of a rule Protection Agency, transmitting, pursuant is magic and the seed of wisdom grows. entitled ‘‘Relief from Nondiscrimination to law, the report of a rule entitled ‘‘Plant- Hail Montgomery.’’∑ Rules for Certain Church Plans and Federal/ Incorporated Protectants (Formerly Plant- International Plans’’ (Notice 2001–46) re- Pesticides), Supplemental Proposal’’ f ceived on July 18, 2001; to the Committee on (RIN2070–AC02) received on July 16, 2001; to MESSAGE FROM THE HOUSE Finance. the Committee on Agriculture, Nutrition, EC–2964. A communication from the Gen- and Forestry. At 10:42 a.m., a message from the eral Counsel of the Federal Emergency Man- EC–2974. A communication from the Prin- House of Representatives, delivered by agement Agency, transmitting, a draft of cipal Deputy Associate Administrator of the Ms. Niland, one of its reading clerks, proposed legislation entitled ‘‘Defense Pro- Environmental Protection Agency, transmit- announced that the House has agreed duction Act Amendments of 2001’’; to the ting, pursuant to law, the report of a rule en- to the report of the committee of con- Committee on Banking, Housing, and Urban titled ‘‘Exemption From the Requirement of ference on the disagreeing votes of the Affairs. a Tolerance Under the Federal Food, Drug, EC–2965. A communication from the Assist- two Houses on the amendment of the and Cosmetic Act for Residues Derived ant Secretary of Legislative Affairs, Depart- Through Conventional Breeding From Sexu- Senate to the bill (H.R. 2216) making ment of State, transmitting, pursuant to ally Compatible Plants of Plant-Incor- supplemental appropriations for the law, a Determination to allow the Export- porated Protectants (Formerly Plant-Pes- fiscal year ending September 30, 2001, Import Bank to finance the sale of defense ticides)’’ (FRL6057–6) received on July 17, and for other purposes. articles to Venezuela; to the Committee on 2001; to the Committee on Agriculture, Nu- f Banking, Housing, and Urban Affairs. trition, and Forestry. EC–2966. A communication from the Chair- EC–2975. A communication from the Prin- MEASURES PLACED ON THE man of the Board of Governors of the Federal cipal Deputy Associate Administrator of the CALENDAR Reserve System, transmitting, pursuant to Environmental Protection Agency, transmit- law, the semiannual Monetary Policy Report ting, pursuant to law, the report of a rule en- The following bill, previously re- dated July 2001; to the Committee on Bank- titled ‘‘Exemption From the Requirement of ceived from the House of Representa- ing, Housing, and Urban Affairs. a Tolerance Under the Federal Food, Drug, tives for concurrence, was read the EC–2967. A communication from the Dep- and Cosmetic Act for Residues of Nucleic first and second times by unanimous uty Secretary of the Office of the Chief Ac- Acids that are Part of Plant-Incorporated consent, and placed on the calendar: countant, Securities and Exchange Commis- Protectants (Formerly Plant-Pesticides)’’ sion, transmitting, pursuant to law, the re- H.R. 2500. An act making appropriations (FRL6057–5) received on July 17, 2001; to the port of a rule entitled ‘‘Commission Policy for the Departments of Commerce, Justice, Committee on Agriculture, Nutrition, and Statement on the Establishment and Im- and State, the Judiciary, and related agen- Forestry. provement of Standards Related to Auditor cies for the fiscal year ending September 30, EC–2976. A communication from the Prin- Independence’’ received on July 18, 2001; to 2002, and for other purposes. cipal Deputy Associate Administrator of the the Committee on Banking, Housing, and Environmental Protection Agency, transmit- f Urban Affairs. ting, pursuant to law, the report of a rule en- EXECUTIVE AND OTHER EC–2968. A communication from the Direc- titled ‘‘Regulations Under the Federal Insec- COMMUNICATIONS tor of the Office of Federal Housing Enter- ticide, Fungicide, and Rodenticide Act for prise Oversight, transmitting, pursuant to Plant-Incorporated Protectants (Formerly The following communications were law, the report of a rule entitled ‘‘Risk- Plant-Pesticides)’’ (FRL6057) received on laid before the Senate, together with Based Capital’’ (RIN2550–AA02) received on July 17, 2001; to the Committee on Agri- accompanying papers, reports, and doc- July 18, 2001; to the Committee on Banking, culture, Nutrition, and Forestry. uments, which were referred as indi- Housing, and Urban Affairs. EC–2977. A communication from the Acting EC–2969. A communication from the Sec- cated: Administrator of the Fruit and Vegetable retary of Agriculture, transmitting, a draft Programs, Research and Promotion Branch, EC–2957. A communication from the Acting of proposed legislation entitled ‘‘To author- Agricultural Marketing Service, transmit- Director of the Office of National Drug Con- ize the Secretary of Agriculture to prescribe, ting, pursuant to law, the report of a rule en- trol Policy, Executive Office of the Presi- adjust, and collect fees to cover the costs in- titled ‘‘Blueberry Promotion, Research, and dent, transmitting, pursuant to law, a report curred by the Secretary for activities related Information Order; Amendment No. 1’’ (Doc. relative to the Strategic Plan for Fiscal to the review and maintenance of licenses No. FV–00–706–FR) received on July 18, 2001; Years 2001 to 2007; to the Committee on the and registrations under the Animal Welfare to the Committee on Agriculture, Nutrition, Judiciary. Act’’; to the Committee on Agriculture, Nu- and Forestry. EC–2958. A communication from the Comp- trition, and Forestry. EC–2978. A communication from the Prin- troller General of the United States, trans- EC–2970. A communication from the Assist- cipal Deputy Associate Administrator of the mitting, pursuant to law, the report of the ant Administrator of the Environmental Environmental Protection Agency, transmit- list of General Accounting Office reports for Protection Agency, transmitting, pursuant ting, pursuant to law, the report of a rule en- May 2001; to the Committee on Govern- to law, the report of a rule entitled ‘‘Regula- titled ‘‘Approval and Promulgation of Imple- mental Affairs. tions Under the Federal Insecticide, Fun- mentation Plans; State of Missouri’’ EC–2959. A communication from the Acting gicide, and Rodenticide Act for Plant-Incor- (FRL7015–8) received on July 16, 2001; to the Director of the United States Office of Per- porated Protectants (Formerly Plant-Pes- Committee on Environment and Public sonnel Management, transmitting, pursuant ticides)’’ (RIN2070–AC02) received on July 16, Works. to law, a report relative to the Physicians’ 2001; to the Committee on Agriculture, Nu- EC–2979. A communication from the Prin- Comparability Allowance Program Presi- trition, and Forestry. cipal Deputy Associate Administrator of the dential Report for 2001; to the Committee on EC–2971. A communication from the Assist- Environmental Protection Agency, transmit- Governmental Affairs. ant Administrator of the Environmental ting, pursuant to law, the report of a rule en- EC–2960. A communication from the Dis- Protection Agency, transmitting, pursuant titled ‘‘Approval and Promulgation of Imple- trict of Columbia Auditor, transmitting, a to law, the report of a rule entitled ‘‘Exemp- mentation Plans; State of Missouri’’ report entitled ‘‘Health and Safety of the tion From the Requirement of a Tolerance (FRL7015–9) received on July 16, 2001; to the District’s Mentally Ill Jeopardized by Pro- Under the Federal Food, Drug, and Cosmetic Committee on Environment and Public gram Deficiencies and Inadequate Over- Act for Residues Derived Through Conven- Works. sight’’; to the Committee on Governmental tional Breeding From Sexually Compatible EC–2980. A communication from the Prin- Affairs. Plants of Plant-Incorporated Protectants cipal Deputy Associate Administrator of the July 20, 2001 CONGRESSIONAL RECORD — SENATE S8013 Environmental Protection Agency, transmit- Model Avro 146–RJ Series Airplanes’’ EC–2999. A communication from the Pro- ting, pursuant to law, the report of a rule en- ((RIN2120–AA64)(2001–0330)) received on July gram Analyst of the Federal Aviation Ad- titled ‘‘Approval and Promulgation of Air 16, 2001; to the Committee on Commerce, ministration, Department of Transportation, Quality Implementation Plans; Maryland; Science, and Transportation. transmitting, pursuant to law, the report of Control of VOC Emission from Organic EC–2990. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: Chemical Production’’ (FRL7014–1) received gram Analyst of the Federal Aviation Ad- McDonnell Douglas Model DC 9 80 Series Air- on July 17, 2001; to the Committee on Envi- ministration, Department of Transportation, planes; and Model MD 88 Airplanes’’ ronment and Public Works. transmitting, pursuant to law, the report of ((RIN2120–AA64)(2001–0326)) received on July EC–2981. A communication from the Prin- a rule entitled ‘‘Airworthiness Directives: 16, 2001; to the Committee on Commerce, cipal Deputy Associate Administrator of the Dornier Luftfahrt GMBH Models 228–100, Science, and Transportation. Environmental Protection Agency, transmit- –101, –200, –201, –202, and –212 Airplanes’’ EC–3000. A communication from the Pro- ting, pursuant to law, the report of a rule en- ((RIN2120–AA64)(2001–0331)) received on July gram Analyst of the Federal Aviation Ad- titled ‘‘Approval and Promulgation of Air 16, 2001; to the Committee on Commerce, ministration, Department of Transportation, Quality Implementation Plans; Pennsyl- Science, and Transportation. transmitting, pursuant to law, the report of vania; Control of VOCs from Wood Furniture EC–2991. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: Manufacturing, Surface Coating Processes gram Analyst of the Federal Aviation Ad- Hartzell Propeller Inc. Y Shank Series Pro- and Miscellaneous Revisions’’ (FRL7013–7) ministration, Department of Transportation, pellers’’ ((RIN2120–AA64)(2001–0327)) received received on July 17 , 2001; to the Committee transmitting, pursuant to law, the report of on July 16, 2001; to the Committee on Com- on Environment and Public Works. a rule entitled ‘‘Airworthiness Directives: merce, Science, and Transportation. EC–2982. A communication from the Prin- Aerospatiale Model ATR42–500 Series Air- EC–3001. A communication from the Pro- cipal Deputy Associate Administrator of the planes’’ ((RIN2120–AA64)(2001–0332)) received gram Analyst of the Federal Aviation Ad- Environmental Protection Agency, transmit- on July 16, 2001; to the Committee on Com- ministration, Department of Transportation, ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. transmitting, pursuant to law, the report of titled ‘‘Approval and Promulgation of Imple- EC–2992. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: mentation Plans; State of Missouri’’ gram Analyst of the Federal Aviation Ad- Boeing Model 767–200 and 300 Series’’ (FRL7016–4) received on July 17, 2001; to the ministration, Department of Transportation, ((RIN2120–AA64)(2001–0329)) received on July Committee on Environment and Public transmitting, pursuant to law, the report of 16, 2001; to the Committee on Commerce, Works. a rule entitled ‘‘Airworthiness Directives: Science, and Transportation. EC–2983. A communication from the Dep- Airbus Model A330–301, 321, 322, and 342 Series EC–3002. A communication from the Pro- uty Administrator of the General Service Airplanes and Airbus Model A340 Series Air- gram Analyst of the Federal Aviation Ad- Administration, transmitting, pursuant to planes’’ ((RIN2120–AA64)(2001–0336)) received ministration, Department of Transportation, law, a Report of Building Project Survey for on July 16, 2001; to the Committee on Com- transmitting, pursuant to law, the report of Canton, OH; to the Committee on Environ- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: EC–2993. A communication from the Pro- ment and Public Works. SOCATA Groupe AEROSPATIALE Model gram Analyst of the Federal Aviation Ad- EC–2984. A communication from the Acting TBM 700 Airplanes’’ ((RIN2120–AA64)(2001– ministration, Department of Transportation, General Counsel, Office of the Secretary of 0321)) received on July 16, 2001; to the Com- transmitting, pursuant to law, the report of Transportation, transmitting, a draft of pro- mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives: posed legislation entitled ‘‘Coast Guard Au- Lockheed Model L 1011–385 Series Airplanes’’ tation. thorization Act of 2001’’; to the Committee EC–3003. A communication from the Pro- ((RIN2120–AA64)(2001–0337)) received on July on Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- 16, 2001; to the Committee on Commerce, EC–2985. A communication from the Pro- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- Science, and Transportation. EC–2994. A communication from the Pro- transmitting, pursuant to law, the report of ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of ministration, Department of Transportation, Pratt and Whitney, request for comments’’ a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of ((RIN2120–AA64)(2001–0320)) received on July Bell Helicopter Textron Inc Model 205–A1, a rule entitled ‘‘Airworthiness Directives: 16, 2001; to the Committee on Commerce, 205B, 212, 412, 212CF and 412 04’’ ((RIN2120– CFM International, SA CFM56–3, –3B, and Science, and Transportation. AA64)(2001–0335)) received on July 16, 2001; to –3C Series Turbofan Engines’’ ((RIN2120– EC–3004. A communication from the Pro- the Committee on Commerce, Science, and AA64)(2001–0322)) received on July 16, 2001; to gram Analyst of the Federal Aviation Ad- Transportation. the Committee on Commerce, Science, and ministration, Department of Transportation, EC–2986. A communication from the Pro- Transportation. transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- EC–2995. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- Pilatus Aircraft Ltd. Model PC–7 Airplanes’’ transmitting, pursuant to law, the report of ministration, Department of Transportation, ((RIN2120–AA64)(2001–0323)) received on July a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of 16, 2001; to the Committee on Commerce, Boeing Model 737–7001GW Series Airplanes a rule entitled ‘‘Airworthiness Directives: Science, and Transportation. Modified by Supplemental Type Certificate British Aerospace HP137 Mk1, Jetstream EC–3005. A communication from the Pro- ST09100AC–D, ST09704AC–D, ST09105AC–D, or Models 3101 and 3201 Airplanes’’ ((RIN2120– gram Analyst of the Federal Aviation Ad- ST09106AC–D’’ ((RIN2120–AA64)(2001–0316)) re- AA64)(2001–0328)) received on July 16, 2001; to ministration, Department of Transportation, ceived on July 16, 2001; to the Committee on the Committee on Commerce, Science, and transmitting, pursuant to law, the report of Commerce, Science, and Transportation. Transportation. a rule entitled ‘‘Airworthiness Directives: EC–2987. A communication from the Pro- EC–2996. A communication from the Pro- DG Flugzeugbau GmbH Model DG–800B Sail- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- planes’’ ((RIN2120–AA64)(2001–0324)) received ministration, Department of Transportation, ministration, Department of Transportation, on July 16, 2001; to the Committee on Com- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: EC–3006. A communication from the Pro- Boeing Model 767–200 Series Airplanes; re- GE Company CF6–50 Series Turbofan En- gram Analyst of the Federal Aviation Ad- quest for comments’’ ((RIN2120–AA64)(2001– gines’’ ((RIN2120–AA64)(2001–0333)) received ministration, Department of Transportation, 0313)) received on July 16, 2001; to the Com- on July 16, 2001; to the Committee on Com- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: tation. EC–2997. A communication from the Pro- Bombardier Model DHC 8–100, –200, and –300 EC–2988. A communication from the Pro- gram Analyst of the Federal Aviation Ad- Series Airplanes’’ ((RIN2120–AA64)(2001–0317)) gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, received on July 16, 2001; to the Committee ministration, Department of Transportation, transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: EC–3007. A communication from the Pro- a rule entitled ‘‘Revisions to Requirements Pratt and Whitney Cancada Model PW305 gram Analyst of the Federal Aviation Ad- Concerning Airplane Operating Limitations and PW305A’’ ((RIN2120–AA64)(2001–0334)) re- ministration, Department of Transportation, and the Content of Airplane Flight Manuals ceived on July 16, 2001; to the Committee on transmitting, pursuant to law, the report of for Transport Category Airplanes’’ (RIN2120– Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: AH32) received on July 16, 2001; to the Com- EC–2998. A communication from the Pro- VALENTIN GmbH Model 17E Sailplanes; re- mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- quest for comments’’ ((RIN2120–AA64)(2001– tation. ministration, Department of Transportation, 0318)) received on July 16, 2001; to the Com- EC–2989. A communication from the Pro- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: tation. ministration, Department of Transportation, DG Glubzeugbau GmbH Model DG–500MB EC–3008. A communication from the Pro- transmitting, pursuant to law, the report of Sailplanes’’ ((RIN2120–AA64)(2001–0325)) re- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: ceived on July 16, 2001; to the Committee on ministration, Department of Transportation, BAe Systems Limited Model BAe 146 and Commerce, Science, and Transportation. transmitting, pursuant to law, the report of S8014 CONGRESSIONAL RECORD — SENATE July 20, 2001 a rule entitled ‘‘Airworthiness Directives: INTRODUCTION OF BILLS AND S. 409 Bell Helicopters Textron Canada Model 430 JOINT RESOLUTIONS At the request of Mr. DURBIN, the Helicopters’’ ((RIN2120–AA64)(2001–0319)) re- name of the Senator from South Caro- ceived on July 16, 2001; to the Committee on The following bills and joint resolu- tions were introduced, read the first lina (Mr. HOLLINGS) was added as a co- Commerce, Science, and Transportation. sponsor of S. 409, a bill to amend title EC–3009. A communication from the Pro- and second times by unanimous con- gram Analyst of the Federal Aviation Ad- sent, and referred as indicated: 38, United States Code, to clarify the standards for compensation for Persian ministration, Department of Transportation, By Mr. CAMPBELL (for himself, Mr. transmitting, pursuant to law, the report of Gulf veterans suffering from certain INOUYE, Mr. DASCHLE, Mr. JOHNSON, a rule entitled ‘‘Airworthiness Directives: and Mr. BURNS): undiagnosed illnesses, and for other Boeing Model 767 Series Airplanes’’ S. 1210. A bill to reauthorize the Native purposes. ((RIN2120–AA64)(2001–0314)) received on July American Housing Assistance and Self-De- S. 761 16, 2001; to the Committee on Commerce, termination Act of 1996; to the Committee on At the request of Mr. BAUCUS, the Science, and Transportation. Indian Affairs. name of the Senator from Minnesota EC–3010. A communication from the Pro- By Ms. CANTWELL (for herself and gram Analyst of the Federal Aviation Ad- (Mr. WELLSTONE) was added as a co- Mr. SMITH of Oregon): sponsor of S. 761, a bill to provide loans ministration, Department of Transportation, S. 1211. A bill to reauthorize and revise the transmitting, pursuant to law, the report of Renewable Energy Production Incentive pro- for the improvement of telecommuni- a rule entitled ‘‘Airworthiness Directives: gram, and for other purposes; to the Com- cations services on Indian reservations. Lockheed Model L–1011 Series Airplanes; re- mittee on Energy and Natural Resources. S. 775 quest for comments’’ ((RIN2120–AA64)(2001– By Ms. CANTWELL: At the request of Mrs. LINCOLN, the 0315)) received on July 16, 2001; to the Com- S. 1212. A bill to amend the Internal Rev- name of the Senator from Maine (Ms. mittee on Commerce, Science, and Transpor- enue Code of 1986 to provide a credit against tation. SNOWE) was added as a cosponsor of S. tax for qualified energy management de- 775, a bill to amend title XVIII of the EC–3011. A communication from the Legal vices, and for other purposes; to the Com- Technician of the National Highway Traffic mittee on Finance. Social Security Act to permit expan- Safety Administration, Department of By Ms. CANTWELL: sion of medical residency training pro- Transportation, transmitting, pursuant to S. 1213. A bill to authorize a short-term grams in geriatric medicine and to pro- law, the report of a rule entitled ‘‘Occupant program of grants to certain electric utili- vide for reimbursement of care coordi- Protection Incentive Grants’’ (RIN2127– ties to be passed through, in the form of nation and assessment services pro- AH40) received on July 16, 2001; to the Com- credits toward electric bills, to consumers mittee on Commerce, Science, and Transpor- vided under the medicare program. that reduce electric energy consumption and S. 839 tation. to establish an Electric Energy Conservation At the request of Mrs. HUTCHISON, the EC–3012. A communication from the Pro- Fund to provide loans to utilities and non- gram Analyst of the Federal Aviation Ad- profit organizations to fund energy produc- name of the Senator from Connecticut ministration, Department of Transportation, tivity projects; to the Committee on Energy (Mr. DODD) was added as a cosponsor of transmitting, pursuant to law, the report of and Natural Resources. S. 839, a bill to amend title XVIII of the a rule entitled ‘‘Protection of Voluntarily By Mr. HOLLINGS (for himself and Mr. Social Security Act to increase the Submitted Information’’ (RIN2120–AG36) re- GRAHAM): amount of payment for inpatient hos- ceived on July 16, 2001; to the Committee on S. 1214. A bill to amend the Merchant Ma- Commerce, Science, and Transportation. pital services under the medicare pro- rine Act, 1936, to establish a program to en- gram and to freeze the reduction in f sure greater security for United States sea- payments to hospitals for indirect ports, and for other purposes; to the Com- costs of medical education. REPORTS OF COMMITTEES mittee on Commerce, Science, and Transpor- tation. S. 1042 The following reports of committees By Mr. HOLLINGS: At the request of Mr. INOUYE, the were submitted: S. 1215. An original bill making appropria- name of the Senator from Virginia (Mr. By Mr. HOLLINGS, from the Committee tions for the Departments of Commerce, Jus- ALLEN) was added as a cosponsor of S. on Appropriations, without amendment: tice, and State, the Judiciary, and related 1042, a bill to amend title 38, United S. 1215: An original bill making appropria- agencies for the fiscal year ending Sep- States Code, to improve benefits for tions for the Departments of Commerce, Jus- tember 30, 2002, and for other purposes; from the Committee on Appropriations; placed on Filipino veterans of World War II, and tice, and State, the Judiciary, and related for other purposes. agencies for the fiscal year ending Sep- the calendar. tember 30, 2002, and for other purposes (Rept. By Ms. MIKULSKI: S. 1048 No. 107–42). S. 1216. An original bill making appropria- At the request of Mr. DEWINE, the By Ms. MIKULSKI, from the Committee on tions for the Departments of Veterans Af- name of the Senator from Georgia (Mr. Appropriations, without amendment: fairs and Housing and Urban Development, MILLER) was added as a cosponsor of S. S. 1216: An original bill making appropria- and for sundry independent agencies, boards, 1048, a bill to amend the Internal Rev- tions for the Departments of Veterans Af- commissions, corporations and offices for the fiscal year ending September 30, 2002, and enue Code of 1986 to provide relief for fairs and Housing and Urban Development, payment of asbestos-related claims. and for sundry independent agencies, boards, for other purposes; from the Committee on commissions, corporations and offices for Appropriations; placed on the calendar. S. 1082 the fiscal year ending September 30, 2002, and By Mr. DODD (for himself, Mr. DEWINE, At the request of Mr. TORRICELLI, the for other purposes (Rept. No. 107–43). Ms. SNOWE, Mr. KENNEDY, Mr. ROB- name of the Senator from Georgia (Mr. ERTS, Mr. JOHNSON, Mr. EDWARDS, MILLER) was added as a cosponsor of S. f Mrs. FEINSTEIN, Ms. COLLINS, Mr. 1082, a bill to amend the Internal Rev- WELLSTONE, Mr. BINGAMAN, and Mrs. enue Code of 1986 to expand the expens- EXECUTIVE REPORTS OF MURRAY): COMMITTEES S. 1217. A bill to provide for the acquisi- ing of environmental remediation costs. The following executive reports of tion, construction, and improvement of child care facilities or equipment, and for other S. 1116 committees were submitted: purposes; to the Committee on Health, Edu- At the request of Mr. INOUYE, the By Mr. KERRY for the Committee on cation, Labor, and Pensions. name of the Senator from New Mexico Small Business and Entrepreneurship. (Mr. BINGAMAN) was added as a cospon- *Hector V. Barreto, Jr., of California, to be f sor of S. 1116, a bill to amend the For- Administrator of the Small Business Admin- ADDITIONAL COSPONSORS istration. eign Assistance Act of 1961 to provide By Mr. ROCKEFELLER for the Committee S. 312 increased foreign assistance for tuber- on Veterans’ Affairs. At the request of Mr. GRASSLEY, the culosis prevention, treatment, and con- *Gordon H. Mansfield, of Virginia, to be an names of the Senator from Nebraska trol. Assistant Secretary of Veterans Affairs (Mr. HAGEL) and the Senator from Col- S. 1134 (Congressional Affairs). orado (Mr. ALLARD) were added as co- At the request of Mr. LIEBERMAN, the *Nomination was reported with rec- ommendation that it be confirmed subject to sponsors of S. 312, a bill to amend the name of the Senator from Georgia (Mr. the nominee’s commitment to respond to re- Internal Revenue Code of 1986 to pro- MILLER) was added as a cosponsor of S. quests to appear and testify before any duly vide tax relief for farmers and fisher- 1134, a bill to amend the Internal Rev- constituted committee of the Senate. men, and for other purposes. enue Code of 1986 to modify the rules July 20, 2001 CONGRESSIONAL RECORD — SENATE S8015 applicable to qualified small business Native communities under NAHASDA. S. 1210 stock. This number is 10 times the maximum Be it enacted by the Senate and House of Rep- S. 1140 annual number of units provided for In- resentatives of the United States of America in Congress assembled, At the request of Mr. HATCH, the dian communities under the previous Indian housing program. SECTION 1. SHORT TITLE. names of the Senator from Mississippi This Act may be cited as the ‘‘Native (Mr. COCHRAN), the Senator from Illi- Even with all the success of American Housing Assistance and Self-De- nois (Mr. DURBIN), the Senator from NAHASDA, Indian communities con- termination Reauthorization Act of 2001’’. Texas (Mrs. HUTCHISON), and the Sen- tinue to live in the worst housing con- SEC. 2. REAUTHORIZATION OF THE NATIVE ator from Virginia (Mr. ALLEN) were ditions in the United States. In fact, AMERICAN HOUSING ASSISTANCE Indian housing is often and justifiably AND SELF-DETERMINATION ACT OF added as cosponsors of S. 1140, a bill to 1996. amend chapter 1 of title 9, United compared to the conditions present in (a) BLOCK GRANTS.—Section 108 of the Na- States Code, to provide for greater fair- Third World countries. Some of the tive American Housing Assistance and Self- ness in the arbitration process relating startling statistics that characterize Determination Act of 1996 (25 U.S.C. 4117) is to motor vehicle franchise contracts. housing in Indian communities show amended by striking ‘‘, 1999, 2000, and 2001’’ and inserting ‘‘through 2006’’. S.J. RES. 18 that: 1 out of every 5 Indian homes lacks complete plumbing; 40 percent of (b) FEDERAL GUARANTEES.—Subsections (a) At the request of Mr. SARBANES, the and (b) of section 605 of the Native American name of the Senator from Ohio (Mr. homes on Indian lands are overcrowded Housing Assistance and Self-Determination DEWINE) was added as a cosponsor of and have serious physical deficiencies; Act of 1996 (25 U.S.C. 4195) are each amended S.J. Res. 18, a joint resolution memori- and 69 percent of homes on Indian by striking ‘‘, 1998, 1999, 2000, and 2001’’ and alizing fallen firefighters by lowering lands are severely overcrowded with up inserting ‘‘through 2006’’. (c) TRAINING AND TECHNICAL ASSISTANCE.— the United States flag to half-staff on to 4 or 5 families living in the same two bedroom house. Section 703 of the Native American Housing the day of the National Fallen Fire- Assistance and Self-Determination Act of fighters Memorial Service in Emmits- These statistics illustrate that there 1996 (25 U.S.C. 4212) is amended by striking ‘‘, burg, Maryland. is still much work to be done. 1998, 1999, 2000, and 2001’’ and inserting NAHASDA has been a good first step in ‘‘through 2006’’. f improving living conditions in Indian STATEMENTS ON INTRODUCED and Alaska Native communities, how- By Mr. HOLLINGS (for himself BILLS AND JOINT RESOLUTIONS ever there is still a tremendous need and Mr. GRAHAM): S. 1214. A bill to amend the Merchant By Mr. CAMPBELL (for himself, for adequate housing in these commu- nities. Marine Act, 1936, to establish a pro- Mr. INOUYE, Mr. DASCHLE, Mr. In the first few years of NAHASDA gram to ensure greater security for JOHNSON, and Mr. BURNS): United States seaports, and for other S. 1210. A bill to reauthorize the Na- implementation, some bumps in the road were experienced. To provide a purposes; to the Committee on Com- tive American Housing Assistance and merce, Science, and Transportation. Self-Determination Act of 1996; to the better transition from the old HUD dominated regime to the new policies Mr. HOLLINGS. Mr. President, I rise Committee on Indian Affairs. today to introduce the Port and Mari- of NAHASDA, I introduced a bill to Mr. CAMPBELL. Mr. President, I am time Security Act of 2001. This legisla- provide technical amendments to pleased to be joined by Senators tion is long overdue. It is needed to fa- strengthen and clarify NAHASDA. INOUYE, DASCHLE, JOHNSON, and BURNS cilitate future technological and ad- These technical amendments were nec- in introducing a bill that reauthorizes vances and increases in international essary to ensure the proper implemen- the Native American Housing Assist- trade, and ensure that we have the sort tation and enforcement of NAHASDA. ance and Self-Determination Act, of security control necessary to ensure With the recent enactment of the Na- NAHASDA, of 1996, P.L. 104–330. As that our borders are protected from tive American Housing Assistance and many of my colleagues know, drug smuggling, illegal aliens, trade Self-Determination Act Amendments NAHASDA promotes tribal self-deter- fraud, threats of terrorism as well as of 1999, P.L. 106–568, NAHASDA is bet- mination and self-sufficiency as it potential threats to our ability to mo- ter suited to meet its goals and respon- builds upon the government-to-govern- bilize U.S. military force. I introduced sibilities. ment relationship that exists between similar legislation in the last Congress, Indian tribes and the Federal Govern- The bill I am introducing today will but time did not allow us to proceed ment. extend NAHASDA for an additional any further with the legislative proc- NAHASDA became effective on Octo- five years. With the groundwork now ess. However, this is just too important ber 1, 1997 and provides a single, flexi- laid, both Indian tribes and HUD an issue to let it go by, and I intend to should be able to provide improved ble block grant for tribes or tribally- work with Senator GRAHAM, and others designated housing entities, TDHE, to housing assistance to Indian and Alas- to try and craft a policy to help protect administer Federal housing assistance. ka Native communities. our maritime borders. Under this block grant system, Moreover, the extension of The Department of Transportation NAHASDA empowers tribes to deter- NAHASDA will encourage greater uti- recently conducted an evaluation of mine local needs and authorizes tribal lization of NAHASDA programs includ- our marine transportation needs for decision making when it comes to In- ing its Title VI Loan Guarantee pro- the 21st Century. In September 1999, dian housing policy. gram, designed to aid tribes in then Transportation Secretary Slater Before NAHASDA, the Federal Gov- leveraging federal funds in partnership issued a preliminary report of the Ma- ernment dictated the planning, financ- with the private sector. rine Transportation System, (MTS) ing and building of Indian housing. As Chairman of the Committee on In- Task Force—An Assessment of the U.S. Since NAHASDA’s enactment, tribes dian Affairs, I am committed to ensur- Marine Transportation System. The re- are in the ‘‘driver’s seat,’’ and have the ing that NAHASDA is implemented in port reflected a highly collaborative ef- right to make certain decisions with a fair, efficient and productive manner. fort among public sector agencies, pri- regard to resource allocation; and also It is my hope that the enactment of vate sector organizations and other have the responsibility to determine certain technical amendments in P.L. stakeholders in the MTS. the needs of their members and to 106–568, and the reauthorization of The report indicates that the United make every effort to satisfy those NAHASDA will ensure improved hous- States has more than 1,000 channels needs. ing assistance to all Indian and Alaska and 25,000 miles of inland, intracoastal, In the past five years, NAHASDA has Native communities for years to come. and coastal waterways in the United assisted tribes in making great strides I ask unanimous consent that the States which serve over 300 ports, with in the quality and quantity of housing text of the bill be printed in the more than 3,700 terminals that handle provided to Indian and Alaska Native RECORD. passenger and cargo movements. These communities. In fact, HUD estimates There being no objection, the bill was waterways and ports link to 152,000 that over 25,000 new units of housing ordered to be printed in the RECORD, as miles of railways, 460,000 miles of un- have been placed in Indian and Alaska follows: derground pipelines and 45,000 miles of S8016 CONGRESSIONAL RECORD — SENATE July 20, 2001 interstate highways. Annually, the ment for better, and more effective port we will walk through a metal de- U.S. marine transportation system equipment. Finally, the FAA is respon- tector, and our bags will be x-rayed, moves more than 2 billion tons of do- sible for ensuring that background and Customs will interview us, and mestic and international freight, im- checks, employment records/criminal may check our bags. However, at a U.S. ports 3.3 billion tons of domestic oil, records, of security screeners and those seaport you could import a 48 foot transports 134 million passengers by with access to secured airports are car- truck load of cargo, and have at least a ferry, serves 78 million Americans en- ried out in an effective and thorough 98 percent chance of not even being in- gaged in recreational boating, and manner. The FAA, at the direction of spected. It just doesn’t seem right. hosts more than 5 million cruise ship Congress, is responsible for certifying For instance, in my own state, the passengers. screening companies, and has devel- Port of Charleston which is the fourth The MTS provides economic value, as oped ways to better test screeners. largest container port in the United waterborne cargo contributes more This is all done in the name of pro- States, just recently we got our first than $742 billion to U.S. gross domestic tecting the public. Seaports deserve no unit even capable of x-raying inter- product and creates employment for less consideration. modal shipping containers, and we At land borders, there is a similar in- more than 13 million citizens. While have the temporary deployment of a vestment in security by the Federal these figures reveal the magnitude of canine unit. By way of comparison, the Government. In TEA–21, approved $140 our waterborne commerce, they don’t Dallas/Fort Worth is the fourth largest reveal the spectacular growth of water- million a year for five years for the Na- tional Corridor Planning and Develop- airport in the United States, it would borne commerce, or the potential prob- be inconceivable that an airport of this lems in coping with this growth. It is ment and Coordinated Border Infra- structure Program. Eligible activities magnitude have just one single canine, estimated that the total volume of do- and one piece of screening equipment. mestic and international trade is ex- under this program include improve- ments to existing transportation and This is simply not sufficient. pected to double over the next twenty The need for the evaluation of higher years. The doubling of trade also brings supporting infrastructure that facili- tate cross-border vehicles and cargo scrutiny of our system of seaport secu- up the troubling issue of how the U.S. rity came at the request of Senator is going to protect our maritime bor- movements; construction of highways and related safety enforcement facili- GRAHAM, and I would like to commend ders from crime, threats of terrorism, ties that facilitate movements related him for his persistent efforts in ad- or even our ability to mobilize U.S. to international trade; operational im- dressing this issue. Senator GRAHAM armed forces. has had problems with security at Security at our maritime borders is provements, including improvements relating to electronic data intercharge some of the Florida seaports, and al- given substantially less Federal consid- and use of telecommunications, to ex- though the state has taken some steps eration than airports or land borders. pedite cross border vehicle and cargo to address the issue, there is a great In the aviation industry, the Federal movements; and planning, coordina- need for considerable improvement. Aviation Administration (FAA) is inti- tion, design and location studies. Senator GRAHAM laudably convinced mately involved in ensuring that secu- By way of contrast, at U.S. seaports, the President to appoint a Commission, rity measures are developed, imple- the Federal Government invests noth- designed similarly to the Aviation Se- mented, and funded. The FAA works ing in infrastructure, other than the curity Commission, to review security with various Federal officials to assess human presence of the U.S. Coast at U.S. seaports. threats direct toward commercial avia- Guard, U.S. Customs Service, and the The Commission visited twelve major tion and to target various types of se- Immigration and Naturalization Serv- curity measures as potential threats U.S. seaports, as well as two foreign ice, and whatever equipment those ports. It compiled a record of countless change. For example, during the Gulf agencies have to accomplish their man- War, airports were directed to ensure hours of testimony and heard from, and dates. Physical infrastructure is pro- reviewed the security practices of the that no vehicles were parked within a vided by state-controlled port authori- set distance of the entrance to a ter- shipping industry. It also met with ties, or by private sector marine ter- local law enforcement officials to dis- minal. minal operators. There are no controls, Currently, each air carrier, whether a cuss the issues and their experiences as or requirements in place, except for a result of seaport related crime. U.S. carrier or foreign air carrier, is re- certain standards promulgated by the For instance, the Commission found quired to submit a proposal on how it Coast Guard for the protection of that the twelve U.S. seaports ac- plans to meet its security needs. Air cruise ship passenger terminals. Essen- counted for 56 percent of the number of carriers also are responsible for screen- tially, where sea ports are concerned, cocaine seizures, 32 percent of the ing passengers and baggage in compli- we have abrogated the Federal respon- marijuana seizures, and 65 percent of ance with FAA regulations. The types sibility of border control to the state heroin seizures in commercial cargo of machines used in airports are all ap- and private sector. shipments and vessels at all ports of proved, and in many instances paid for I think that the U.S. Coast Guard by the FAA. The FAA uses its labora- and Customs Agency are doing an out- entry nationwide. Yet, we have done tories to check the machinery to deter- standing job, but they are outgunned. relatively little, other than send in an mine if the equipment can detect ex- There is simply too much money in the undermanned contingency of Coast plosives that are capable of destroying illegal activities they are seeking to Guards and Customs officials to do commercial aircrafts. Clearly, we curtail or eradicate, and there is too whatever they can. learned from the Pan Am 103 disaster much traffic coming into, and out of Drugs are not the only criminal prob- over Lockerbie, Scottland in 1988. Con- the United States. For instance, in the lem confronting U.S. seaports. For ex- gress passed legislation in 1990 ‘‘the latest data available, 1999, we had more ample, alien smuggling has become in- Aviation Security Improvement Act,’’ than 10 million TEU’s imported into creasingly lucrative enterprise. To il- which was carefully considered by the the United States. For the uninitiated, lustrate, in August of 1999, INS offi- Commerce Committee, to develop the a TEU refers to a twenty-foot equiva- cials found 132 Chinese men hiding types of measures I noted above. We lent unit shipping container. By way of aboard a container ship docked in Sa- also made sure that airports, the FAA, comparison, a regular truck measures vannah, GA. The INS district director air carriers and law enforcement 48-feet in length. So in translation, we was quoted as saying; ‘‘This was a very worked together to protect the flying imported close to 5 million truckloads sophisticated ring, and never in my 23 public. of cargo. According to the Customs years with the INS have I seen any- Following the crash of TWA flight 800 Service, seaports are able to inspect thing as large or sophisticated’’. Ac- in 1996, we also leaped to spend money, between 1 percent and 2 percent of the cording to a recent GAO report on INS when it was first thought to have been containers, so in other words, a drug efforts on alien smuggling RPT-Num- caused by a terrorist act. The FAA smuggler has a 98 percent chance of ber: B–283952, smuggling collectively spent about $150 million on additional gaining illegal entry. may earn as much as several billion screening equipment, and we continue It is amazing to think, that when you dollars per year bringing in illegal today to fund research and develop- or I walk through an international air- aliens. July 20, 2001 CONGRESSIONAL RECORD — SENATE S8017 Another problem facing seaports is public input and will consider local to $320 million in loans for security en- cargo theft. Cargo theft does not al- issues in the implementation of new hancements. The bill also establishes a ways occur at seaports, but in many in- guidelines on port security, so as to ad- grant program to help cover some of stances the theft has occurred because dress such details. the same infrastructure costs. Addi- of knowledge of cargo contents. Inter- Substantively, the Port and Mari- tionally, the bill provides funds for the national shipping provides access to a time Security Act establishes a multi- U.S. Customs Service to purchase lot of information and a lot of cargo to pronged effort to address security screening equipment and other types of many different people along the course needs at U.S. Seaports, and in some non-intrusive detection equipment. We of its journey. We need to take steps to cases formalizes existing practices that have to provide Customs with the tools ensure that we do not facilitate theft. have proven effective. The bill author- they need to help prevent further Losses as a result of cargo theft have izes the Department of Transportation crime. been estimated as high as $12 billion to establish a task force on port secu- The bill requires a report to be at- annually, and it has been reported to rity and to work with the private sec- tached on security and a revision of have increased by as much as 20 per- tor to develop solutions to address the 1997 document entitled ‘‘Port Security: cent recently. The FBI has become so need to initiate a system of security to A National Planning Guide.’’ The re- concerned that it recently established protect our maritime borders. port and revised guide are to be sub- a multi-district task force, Operation The purpose of the task force is to mitted to Congress and are to include a Sudden Stop, to crack down on cargo implement the provisions of the act; to description of activities undertaken crime. coordinate programs to enhance the se- under the Port and Maritime Security The other issues facing seaport secu- curity and safety of U.S. seaports; to Act of 2001, in addition to analysis of rity may be less evident, but poten- provide long-term solutions for seaport the effect of those activities on port se- tially of greater threat. As a Nation in safety issues; to coordinate with local curity and preventing acts of terrorism general, we have been relatively lucky port security committees established and crime. to have been free of some of the ter- by the Coast Guard to implement the The bill requires the Department of rorist threats that have plagued other provisions of the bill; and to ensure Transportation, to the extent feasible, nations. However, we must not become that the public and local port security to coordinate reporting of seaport re- complacent. U.S. seaports are ex- committees are kept informed about lated crimes and to work with state tremely exposed. On a daily basis many seaport security enhancement develop- law enforcement officials to harmonize seaports have cargo that could cause ments. the reporting of data on cargo theft serious illness and death to potentially The bill requires the U.S. Coast and alternatively, the feasibility of large populations of civilians living Guard to establish local port security utilizing private data on cargo theft. near seaports if targeted by terrorism. committees at each U.S. seaport. The Better data will be crucial in identi- Most of the population of the United membership of these committees is to fying the extent and location of crimi- States lies in proximity to our coast- include representatives of the port au- nal threats and will facilitate law en- line. thority, labor organizations, the pri- forcement efforts combating crime. The sheer magnitude of most sea- vate sector, and Federal, State, and The bill also requires the Secretaries of ports, their historical proximity to es- local government officials. These com- Agriculture, Treasury, and Transpor- tablished population bases, the open mittees will be chaired by the U.S. tation, as well as the Attorney General nature of the facility, and the massive Coast Guard’s Captain-of-the-Port, and to work together to establish shared quantities of hazardous cargoes being will be used to establish quarterly dockside inspection facilities at sea- shipped through a port could be ex- meetings with local law enforcement ports for federal and state agencies, tremely threatening to the large popu- and attempt to coordinate security and and provides $1 million, annually for lations that live in areas surrounding help facilitate law enforcement. four years, to carry out this section. our seaports. The same conditions in The bill also requires the Coast Currently there are some U.S. ports U.S. seaports, that could expose us to Guard to develop a system of providing that do not have inspection space in threats from terrorism, could also be vulnerability assessments for U.S. sea- the organic port area. It is crucial that used to disrupt our abilities to mobilize ports. After completion of the assess- inspections occur as close to the point militarily. During the Persian Gulf ment, the seaport would be required to of entry as possible. War, 95 percent of our military cargo submit a security program to the Coast The bill also establishes a program to was carried by sea. Disruption of sea Guard for review and approval. The as- train personnel involved in maritime service, could have resulted in a vastly sessment shall be performed with the transportation and maritime security. different course of history. We need to cooperation and assistance of local of- A better prepared security force will ensure that it does not happen to any ficials, through local port security help enable us to more effectively com- future military contingencies. committees, and ensure the port is bat potential threats of crime and ter- As I mentioned before, our seaports made aware of and participates in the rorism. The bill also requires the Cus- are international borders, and con- analysis of security concerns. I con- toms Service to improve reporting of sequently we should treat them as tinue to believe there is a need to per- imports at seaports to help ensure that such. However, I am realistic about the form background checks on transpor- Customs will have adequate informa- possibilities for increasing seaport se- tation workers in sensitive positions to tion in advance of having the entry of curity, the realities of international reveal potential threats to facilitate cargo, and to do so in a manner con- trade, and the many functional dif- crime or terrorism. While the bill is si- sistent with their plans for the Auto- ferences inherent in the different sea- lent on this matter, we will continue mated Commercial Environmental port localities. Seaports by their very our discussions with law enforcement ACE program. nature, are open and exposed to sur- and transportation workers to develop Finally, the bill reauthorizes an ex- rounding areas, and as such it will be a system that facilitates law enforce- tension of tonnage duties through 2006, impossible to control all aspects of se- ment but focusus more narrowly on and makes the proceeds of these collec- curity, however, sensitive or critical those employees who have access to tions available to carry out the Port safety areas should be protected. I also sensitive information. and Maritime Security Act. These fees understand that U.S. seaports have dif- The bill authorizes MarAd to provide currently are set at certain levels, and ferent security needs in form and loan guarantees to help cover some of are scheduled to be reduced in 2002. The scope. For instance, a seaport in Alas- the costs of port security infrastruc- legislation reauthorizes and extends ka, that has very little international ture improvements, such as cameras the current fee level for an additional cargo does not need the same degree of and other monitoring equipment, fenc- four years, but dedicates its use to en- attention that a seaport in a major ing systems and other types of physical hancing our efforts to fight crime at metropolitan center, which imports enhancements. The bill authorizes $8 U.S. seaports and to facilitating im- and exports thousands of international million, annually for four years, to proved protection of our borders, as shipments. However, the legislation we cover costs, as defined by the Credit well as to enhance our efforts to ward are introducing today will allow for Reform Act, which could guarantee up off potential threats of terrorism. S8018 CONGRESSIONAL RECORD — SENATE July 20, 2001 I ask unanimous consent that the (11) Effective physical security and access (C) may serve as a vector for terrorist at- text of the bill be printed in the control in seaports is fundamental to deter- tacks aimed at the population of the United RECORD. ring and preventing potential threats to sea- States. There being no objection, the bill was port operations, cargo shipments for smug- (17) It is in the best interests of the United gling or theft or other cargo crimes. States— ordered to be printed in the RECORD, as (12) Securing entry points, open storage (A) to be mindful that United States sea- follows: areas, and warehouses throughout the sea- ports are international ports of entry and S. 1214 port, controlling the movements of trucks that the primary obligation for the security Be it enacted by the Senate and House of Rep- transporting cargo through the seaport, and of international ports of entry lies with the resentatives of the United States of America in examining or inspecting containers, ware- Federal government; Congress assembled, houses, and ships at berth or in the harbor (B) to be mindful of the need for the free SECTION 1. SHORT TITLE. are all important requirements that should flow of interstate and foreign commerce and This Act may be cited as the ‘‘Port and be implemented. the need to ensure the efficient movement of Maritime Security Act of 2001’’. (13) Identification procedures for arriving cargo in interstate and foreign commerce; SEC. 2. FINDINGS. workers and deterring and preventing inter- (C) to increase United States seaport secu- The Congress makes the following findings: nal conspiracies are increasingly important. rity by establishing a better method of com- (1) There are 361 public seaports in the (14) On April 27, 1999, the President estab- munication amongst law enforcement offi- United States which have a broad range of lished the Interagency Commission on Crime cials responsible for seaport boundary, secu- characteristics, and all of which are an inte- and Security in United States Seaports to rity, and trade issues; gral part of our Nation’s commerce. undertake a comprehensive study of the na- (D) to formulate guidance for the review of (2) United States seaports conduct over 95 ture and extent of the problem of crime in physical seaport security, recognizing the percent of United States overseas trade. Over our seaports, as well as the ways in which different character and nature of United the next 20 years, the total volume of im- governments at all levels are responding. States seaports; ported and exported goods at seaports is ex- (15) The Commission has issued findings (E) to provide financial incentives to help pected to more than double. that indicate the following: the States and private sector to increase (3) The variety of trade and commerce that (A) Frequent crimes in seaports include physical security of United States seaports; are carried out at seaports has greatly ex- drug smuggling, illegal car exports, fraud (F) to invest in long-term technology to fa- panded. Bulk cargo, containerized cargo, (including Intellectual Property Rights and cilitate the private sector development of passenger cargo and tourism, intermodal other trade violations), and cargo theft. technology that will assist in the non-intru- transportation systems, and complex domes- (B) Data about crime in seaports have been sive timely detection of crime or potential tic and international trade relationships very difficult to collect. crime; have significantly changed the nature, con- (C) Internal conspiracies are an issue at (G) to harmonize data collection on sea- duct, and complexity of seaport commerce. many seaports, and contribute to Federal port-related and other cargo theft, in order (4) The top 50 seaports in the United States crime. to address areas of potential threat to safety account for about 90 percent of all the cargo (D) Intelligence and information sharing and security; among law enforcement agencies needs to be tonnage. Twenty-five United States seaports (H) to create shared inspection facilities to improved and coordinated at many seaports. account for 98 percent of all container ship- help facilitate the timely and efficient in- (E) Many seaports do not have any idea ments. Cruise ships visiting foreign destina- spection of people and cargo in United States about the threats they face from crime, ter- tions embark from 16 seaports. seaports; and rorism, and other security-related activities (5) In the larger seaports, the activities can (I) to improve Customs reporting proce- stretch along a coast for many miles, includ- because of a lack of credible threat informa- dures to enhance the potential detection of ing public roads within their geographic tion. crime in advance of arrival or departure of boundaries. The facilities used to support ar- (F) A lack of minimum physical, proce- cargoes. riving and departing cargo are sometimes dural, and personnel security standards at miles from the coast. seaports and at terminals, warehouses, SEC. 3. PORT SECURITY TASK FORCE. (6) Seaports often are a major locus of Fed- trucking firms, and related facilities leaves (a) ESTABLISHMENT.—The Secretary shall eral crime, including drug trafficking, cargo many seaports and seaport users vulnerable establish a Port Security Task Force— theft, and smuggling of contraband and to theft, pilferage, and unauthorized access (1) to help implement the provisions of this aliens. The criminal conspiracies often asso- by criminals. Act; ciated with these crimes can pose threats to (G) Access to seaports and operations with- (2) to help coordinate programs to enhance the people and critical infrastructures of sea- in seaports is often uncontrolled. the security and safety of United States sea- port cities. Seaports that accept inter- (H) Coordination and cooperation between ports; national cargo have a higher risk of inter- law enforcement agencies in the field is (3) to help provide long-term solutions for national crimes like drug and alien smug- often fragmented. seaport security issues; gling and trade fraud. (I) Meetings between law enforcement per- (4) to help coordinate the security oper- (7) Seaports are often very open and ex- sonnel, carriers, and seaport authorities re- ations of local seaport security committees; posed and, by the very nature of their role in garding security are not being held routinely (5) to help ensure that the public and local promoting the free flow of commerce, are in the seaports. These meetings could in- seaport security committees are kept in- susceptible to large scale terrorism that crease coordination and cooperation at the formed about seaport security enhancement could pose a threat to coastal, Great Lake, local level. developments; or riverain populations. Seaport terrorism (J) Security-related equipment such as (6) to help provide guidance for the condi- could pose a significant threat to the ability small boats, cameras, and vessel tracking de- tions under which loan guarantees and of the United States to pursue its national vices is lacking at many seaports. grants are made; and security objectives. (K) Detection equipment such as large- (7) to consult with the Coast Guard and the (8) United States seaports are inter- scale x-ray machines is lacking at many Maritime Administration in establishing national boundaries, however, unlike United high-risk seaports. port security program guidance. States airports and land borders, United (L) A lack of timely, accurate, and com- (b) MEMBERSHIP.— States seaports receive no Federal funds for plete manifest (including in-bond) and trade (1) IN GENERAL.—The Task Force shall in- security infrastructure. (entry, importer, etc.) data negatively im- clude representatives of the Coast Guard and (9) Current inspection levels of container- pacts law enforcement’s ability to function the Maritime Administration. ized cargo are insufficient to counter poten- effectively. (2) OTHER AGENCIES.—The Secretary shall tial security risks. Technology is currently (M) Criminal organizations are exploiting consult with the Secretary of the Treasury not adequately deployed to allow for the weak security in seaports and related inter- to invite the participation of the United non-intrusive inspection of containerized modal connections to commit a wide range States Customs Service, and may invite the cargo. Additional promising technology is in of cargo crimes. Levels of containerized participation of other departments and agen- the process of being developed that could in- cargo volumes are forecasted to increase sig- cies of the United States with an interest in spect cargo in a non-intrusive and timely nificantly, which will create more opportuni- port security, port security-related matters, fashion. ties for crime while lowering the statistical and border protection issues. (10) The burgeoning cruise ship industry risk of detection and interdiction. (3) REQUIRED PRIVATE SECTOR REPRESENTA- poses a special risk from a security perspec- (16) United States seaports are inter- TIVES.—The Task Force shall include rep- tive. The large number of United States citi- national boundaries that— resentatives, appointed by the Secretary of— zens sailing on international cruises provides (A) are particularly vulnerable to threats (A) port authorities; an attractive target to terrorists seeking to of drug smuggling, illegal alien smuggling, (B) coastwise management units; cause mass casualties. Approximately 80 per- cargo theft, illegal entry of cargo and con- (C) longshore labor organizations; cent of cruise line passengers are United traband; (D) ocean shipping companies; States citizens and 20 percent are aliens. Ap- (B) may present weaknesses in the ability (E) trucking companies; proximately 92 percent of crewmembers are of the United States to realize its national (F) railroad companies; aliens. security objectives; and (G) transportation workers; July 20, 2001 CONGRESSIONAL RECORD — SENATE S8019 (H) ocean shippers; its responsibilities under this Act, a local tration shall establish procedures that en- (I) freight forwarding companies; and seaport security committee, or a member or- sure that maps, charts, and other material (J) other representatives whose participa- ganization or representative acting with the made available to Federal, State, and local tion the Secretary deems beneficial. committee’s consent, may accept contribu- government agencies, seaport authorities, (c) SUBCOMMITTEES.—The Task Force may tions of funds, material, services, and the use and local seaport security committees are establish subcommittees to facilitate consid- of personnel and facilities from public and maintained in a secure and confidential eration of specific issues, including port se- private entities by contract or other ar- manner and that access thereto is limited curity border protection and maritime do- rangement if the confidentiality of security- appropriately. main awareness issues. sensitive information is maintained and ac- (e) ANNUAL STATUS REPORT TO CONGRESS.— (d) LAW ENFORCEMENT SUBCOMMITTEE.—The cess to such information is limited appro- Notwithstanding section 7(c) of the Ports Task Force shall establish a subcommittee priately. and Waterways Safety Act (33 U.S.C. 1226(c)), comprised of Federal, State, and local gov- (f) FUNDING.—Of the amounts made avail- the Coast Guard and the Maritime Adminis- ernment law enforcement agencies to ad- able under section 17(b) there shall be made tration shall report annually to the Senate dress port security issues, including resource available to the Commandant $3,000,000 for Committee on Commerce, Science, and commitments and law enforcement sensitive each of fiscal years 2003 through 2006 without Transportation and the House of Representa- matters. further appropriation to carry out this sec- tives Committee on Transportation and In- (e) EXEMPTION FROM FACA.—The Federal tion, such sums to remain available until ex- frastructure on the status of seaport security Advisory Committee Act (5 U.S.C. App.) does pended. in a form that does not compromise, or not apply to the Task Force. SEC. 5. COAST GUARD PORT SECURITY VULNER- present a threat to the disclosure of secu- (f) ACCEPTANCE OF CONTRIBUTIONS; JOINT ABILITY ASSESSMENTS. rity-sensitive information about, the seaport VENTURE ARRANGEMENTS.—In carrying out (a) IN GENERAL.—The Commandant of the security vulnerability assessments con- its responsibilities under this Act, the Task Coast Guard, in consultation with the De- ducted under this Act. The report may in- Force, or a member organization or rep- fense Threat Reduction Agency, the Center clude recommendations for further improve- resentative acting with the Task Force’s for Civil Force Protection, and other appro- ments in seaport security measures and for consent, may accept contributions of funds, priate public and private sector organiza- any additional enforcement measures nec- material, services, and the use of personnel tions, shall develop standards and procedures essary to ensure compliance with the seaport and facilities from public and private enti- for conducting seaport security vulnerability security plan requirements of this Act. ties by contract or other arrangement if the assessments. (f) FUNDING.—Of the amounts made avail- confidentiality of security-sensitive informa- (b) INITIAL SCHEDULE.—The Coast Guard, in able under section 17(b) there shall be made available to the Commandant $10,000,000 for tion is maintained and access to such infor- cooperation with local port authority com- each of fiscal years 2003 through 2006 without mation is limited appropriately. mittee officials with proper security clear- further appropriation to carry out this sec- (g) FUNDING.—Of the amounts made avail- ances, shall complete no fewer than 10 sea- able under section 17(b) there shall be made port security vulnerability assessments an- tion, such sums to remain available until ex- pended. available to the Secretary of Transportation nually, until it has completed such assess- for activities of the Task Force $1,000,000 for ments for the 50 ports determined by the SEC. 6. MARITIME TRANSPORTATION SECURITY PROGRAMS. each of fiscal years 2003 through 2006 without Commandant to be the most strategic or eco- nomically strategic ports in the United (a) IN GENERAL.—The Commandant and the further appropriation. Administrator shall jointly initiate a rule- States. If a seaport security vulnerability as- SEC. 4. ESTABLISHMENT OF LOCAL PORT SECU- making proceeding to prescribe regulations sessment has been conducted within 5 years RITY COMMITTEES. to protect the public from threats origi- by or on behalf of a port authority or marine (a) IN GENERAL.—The United States Coast nating from vessels in maritime transpor- terminal authority, and the Commandant de- Guard shall establish seaport security tation originating or terminating in a committees— termines that it was conducted in a manner United States seaport against an act of (1) to utilize the information made avail- that is generally consistent with the stand- crime or terrorism. In prescribing a regula- able under this Act; ards and procedures developed under sub- tion under this subsection, the Commandant (2) to define the physical boundaries within section (a), the Commandant may accept and the Administrator shall— which to conduct vulnerability assessments that assessment rather than conducting an- (1) consult with the Secretary of the Treas- in recognition of the unique characteristics other seaport security vulnerability assess- ury, the Attorney General, the heads of of each port; ment for that port. other departments, agencies, and instrumen- (3) to review port security vulnerability as- (c) REVIEW BY PORT AUTHORITY.—The Com- talities of the United States Government, sessments promulgated under section 5; mandant shall make the seaport security State and local authorities, and the Task (4) to implement the guidance promulgated vulnerability assessment for a seaport avail- Force; and under section 7; able for review and comment by officials of (2) consider whether a proposed regulation (5) to help coordinate planning and other the port authority with proper security is consistent with— necessary security activities by conducting clearances or marine terminal operator rep- (A) protecting the public; and meetings no less frequently than 4 times resentatives with proper security clearances. (B) the public interest in promoting mari- each year, to disseminate information that (d) MAPS AND CHARTS.— time transportation and commerce. will facilitate law enforcement activities; (1) COLLECTION AND DISTRIBUTION.—The (b) SECURITY PROGRAMS.— and Commandant and the Administrator shall, (1) PROGRAM TO BE ESTABLISHED.—Each (6) to conduct an exercise at least once working through local seaport security com- port authority and marine terminal author- every 3 years to verify the effectiveness of mittees where appropriate— ity for an area designated under section each port authority and marine terminal se- (A) collect, store securely, and maintain 4(a)(2) at which a port security vulnerability curity plan. maps and charts of all United States sea- assessment has been conducted under this (b) MEMBERSHIP.—In establishing those ports that clearly indicate the location of in- Act shall establish a maritime transpor- committees, the United States Coast Guard frastructure and overt-security equipment; tation security program within 1 year after may utilize or augment any existing harbor (B) make those maps and charts available the assessment is completed. safety committee or seaport readiness com- upon request, on a secure and confidential (2) GENERAL REQUIREMENTS.—A security mittee, but the membership of the seaport basis, to— program established under paragraph (1) security committee shall include representa- (i) the Maritime Administration; shall provide a law enforcement program and tives of— (ii) the United States Coast Guard; capability at that seaport that is adequate (1) the port authority; (iii) the United States Customs Service; to ensure the safety of the public from (2) Federal, State and local government; (iv) the Department of Defense; threats of crime and terrorism. (3) Federal, State, and local government (v) the Federal Bureau of Investigation; (3) SPECIFIC REQUIREMENTS.—A security law enforcement agencies; and program established under paragraph (1) (4) labor organizations and transportation (vi) the Immigration and Naturalization shall be linked to the Captain-of-the-Port workers; Service. authorities for maritime trade and shall (5) local management organizations; and (2) OTHER AGENCIES.—The Coast Guard and include— (6) private sector representatives whose in- the Maritime Administration shall establish (A) provisions for establishing and main- clusion is deemed beneficial by the Captain- a process for providing relevant maps and taining physical security for seaport areas of-the-Port. charts collected under paragraph (1), and and approaches; (c) CHAIRMAN.—The local seaport security other relevant material, available, on a se- (B) provisions for establishing and main- committee shall be chaired by the Captain- cure and confidential basis, to appropriate taining procedural security for processing of-the-Port. Federal, State, and local government agen- passengers, cargo, and crewmembers, and (d) EXEMPTION FROM FACA.—The Federal cies, and seaport authorities, for the purpose personnel security for the employment of in- Advisory Committee Act (5 U.S.C. App.) does of obtaining the comments of those agencies dividuals and service providers; not apply to a local seaport security com- before completing a seaport vulnerability as- (C) a credentialing process to limit access mittee. sessment for each such seaport. to sensitive areas; (e) ACCEPTANCE OF CONTRIBUTIONS; JOINT (3) SECURE STORAGE AND LIMITED ACCESS.— (D) a process to restrict vehicular access to VENTURE ARRANGEMENTS.—In carrying out The Coast Guard and the Maritime Adminis- seaport areas and facilities; S8020 CONGRESSIONAL RECORD — SENATE July 20, 2001

(E) restrictions on carrying firearms and (b) REVISION.—The Commandant and the Federal Law Enforcement Center, the United other prohibited weapons; and Maritime Administrator shall review the States Merchant Marine Academy’s Global (F) a private security officer certification guidelines developed under subsection (a) not Maritime and Transportation School, and program, or provisions for using the services less frequently than every 5 years and revise the Maritime Security Council, and the of qualified State, local, and private law en- them as necessary. International Association of Airport and forcement personnel. (c) AREAS COVERED.—The guidance devel- Seaport Police, to develop standards and pro- (c) INCORPORATION OF MARINE TERMINAL oped under subsection (a) shall include the cedures for training and certification of mar- OPERATOR’S PROGRAM.—Notwithstanding the following areas: itime security professionals. requirements of subsection (b)(3), the Cap- (1) GENERAL SECURITY.—The establishment (b) ESTABLISHMENT OF SECURITY INSTI- tain-of-the-Port may approve a security pro- of practices for physical security of seaport TUTE.—The Secretary shall establish the gram of a port authority, or an amendment areas and approaches, procedural security Maritime Security Institute at the United to an existing program, that incorporates a for processing passengers, cargo, and crew- States Merchant Marine Academy’s Global security program of a marine terminal oper- members, and personnel security for employ- Maritime and Transportation School to train ator tenant with access to a secured area of ment of individuals and service providers. and certify maritime security professionals the seaport, if the program or amendment (2) ACCESS TO SENSITIVE AREAS.—The use of in accordance with internationally recog- nized law enforcement standards. Institute incorporates— a credentials process, administered by public instructors shall be knowledgeable about (1) the measures the tenant will use, with- or private sector security services, to limit Federal and international law enforcement, in the tenant’s leased areas or areas des- access to sensitive areas. maritime security, and port and maritime ignated for the tenant’s exclusive use under (3) VEHICULAR ACCESS.—The use of restric- operations. an agreement with the port authority, to tions on vehicular access to seaport areas and facilities, including requirements that (c) TRAINING AND CERTIFICATION.—The fol- carry out the security requirements imposed lowing individuals shall be eligible for train- by the Commandant and the Administration seaport authorities and primary users of sea- ports implement procedures that achieve ap- ing at the Institute: on the port authority; and propriate levels of control of vehicular ac- (1) Individuals who are employed, whether (2) the methods the port authority will use cess and accountability for enforcement of in the public or private sector, in maritime to monitor and audit the tenant’s compli- controlled access by vehicles. law enforcement or security activities. ance with the security requirements. (4) FIREARMS.—Restrictions on carrying (2) Individuals who are employed, whether (d) INCORPORATION OF OTHER SECURITY PRO- firearms. in the public or private sector, in planning, GRAMS AND LAWS.—Notwithstanding the re- executing, or managing security quirements of subsection (b)(3), the Captain- (5) CERTIFICATION OF PRIVATE SECURITY OF- operations— of-the-Port may approve a security program FICERS.—A private security officer certifi- (A) at United States ports; of a port authority, or an existing program, cation program to improve the profes- (B) on passenger or cargo vessels with that incorporates a State or local security sionalism of seaport security officers. United States citizens as passengers or crew- program, policy, or law. In reviewing any SEC. 8. INTERNATIONAL SEAPORT SECURITY. members; such program, the Captain-of-the-Port (a) COAST GUARD; INTERNATIONAL APPLICA- (C) in foreign ports used by United States- shall— TION.—The Commandant shall make every flagged vessels or by foreign-flagged vessels (1) endeavor to avoid duplication and to effort to have the guidance developed under with United States citizens as passengers or recognize the State or local security pro- section 7(a) adopted by appropriate inter- crewmembers. gram or policy; and national organizations as an international (d) PROGRAM ELEMENTS.—The program es- (2) ensure that no security program estab- standard and shall, acting through appro- priate officers of the United States Govern- tablished by the Secretary under subsection lished under subsection (b)(3) conflicts with (a) shall include the following elements: any applicable provision of State or local ment, seek to encourage the development and adoption of seaport security standards (1) The development of standards and pro- law. under international agreements in other cedures for certifying maritime security pro- (e) REVIEW AND APPROVAL OF SECURITY countries where adoption of the same or fessionals. PROGRAMS.— similar standards might be appropriate. (2) The training and certification of mari- (1) IN GENERAL.—The Captain-of-the-Port (b) MARITIME ADMINISTRATION; PORT AC- time security professionals in accordance shall review and approve or disapprove each CREDITATION PROGRAM.—The Administrator with internationally accepted law enforce- security program established under sub- shall make every effort to have the guidance ment and security guidelines, policies, and section (b). If the Captain-of-the-Port dis- developed under section 7(a) adopted by ap- procedures. approves a security program, then— propriate organizations as security stand- (3) The training of students and instructors (A) the Captain-of-the-Port shall notify the ards and shall encourage the establishment in all aspects of prevention, detection, inves- port authority or marine terminal authority of a program for the private sector accredita- tigation, and reporting of criminal activities in writing of the reasons for the disapproval; tion of seaports that implement security in the international maritime environment. and standards that are consistent with the guid- (4) The provision of offsite training and (B) the port authority or marine terminal ance. certification courses and certified personnel authority shall submit a revised security (c) INTERNATIONAL PORT SECURITY IM- at United States and foreign ports used by plan within 6 months after receiving the no- PROVEMENT ACTIVITIES.— United States-flagged vessels, or by foreign- tification of disapproval. (1) IN GENERAL.—The Administrator shall flagged vessels with United States citizens as (f) 5-YEAR REVIEWS.—Whenever appro- establish a program to assist foreign seaport passengers or crewmembers, to develop and priate, but in no event less frequently than operators in identifying port security risks, once every 5 years, each port authority or enhance security awareness and practices. conducting port security vulnerability as- (e) ANNUAL REPORT.—The Institute shall marine terminal operator required to de- sessments, and implementing port security transmit an annual report to the Senate velop a security program under this section standards. Committee on Commerce, Science, and shall review its program, make such revi- (2) IDENTIFICATION OF STRATEGIC FOREIGN Transportation and the House of Representa- sions to the program as are necessary or ap- PORTS.—The Administrator shall work with tives Committee on Transportation and In- propriate, and submit the results of its re- the Secretary of Defense and the Attorney frastructure on the expenditure of appro- view and the revised program to the Captain- General to identify those foreign seaports priated funds and the training and other ac- of-the-Port. where inadequate security or a high level of tivities of the Institute. (g) NO EROSION OF OTHER AUTHORITY.— port security vulnerability poses a strategic (f) FUNDING.—Of the amounts made avail- Nothing in this section precludes any agen- threat to United States defense interests or able under section 17(b), there shall be made cy, instrumentality, or department of the may be implicated in criminal activity in available to the Secretary, without further United States from exercising, or limits its the United States. appropriation, to carry out this section— authority to exercise, any other statutory or (3) DISSEMINATION OF INFORMATION (1) $2,500,000 for each of fiscal years 2003 regulatory authority to initiate or enforce ABROAD.—The Administrator shall work with and 2004, and seaport security standards. the Secretary of State to facilitate the dis- (2) $1,000,000 for each of fiscal years 2005 SEC. 7. SECURITY PROGRAM GUIDANCE. semination of seaport security program in- and 2006, (a) IN GENERAL.—The Commandant and the formation to port authorities and marine such amounts to remain available until ex- Administrator, in consultation with the terminal operators in other countries. pended. Task Force, shall develop voluntary security (d) FUNDING.—Of the amounts made avail- SEC. 10. PORT SECURITY INFRASTRUCTURE IM- guidance that will serve as a benchmark for able under section 17(b) there shall be made PROVEMENT. the review of security plans that— available to the Administrator $500,000 for (a) IN GENERAL.—Title XI of the Merchant (1) are linked to the Captain-of-the-Port each of fiscal years 2003 through 2006 without Marine Act, 1936 (46 U.S.C. App. 1271 et seq.) authorities for maritime trade; further appropriation to carry out this sec- is amended by adding at the end thereof the (2) include a set of recommended ‘‘best tion, such sums to remain available until ex- following: practices’’ guidelines for the use of maritime pended. ‘‘SEC. 1113. LOAN GUARANTEES FOR PORT SECU- terminal operators; and SEC. 9. MARITIME SECURITY PROFESSIONAL RITY INFRASTRUCTURE IMPROVE- (3) take into account the different nature TRAINING. MENTS. and characteristics of United States seaports (a) IN GENERAL.—The Secretary shall es- ‘‘(a) IN GENERAL.—The Secretary, under and the need to promote commerce. tablish a program, in consultation with the section 1103(a) and subject to the terms the July 20, 2001 CONGRESSIONAL RECORD — SENATE S8021 Secretary shall prescribe and after consulta- ritories of the United States or other govern- the United States Coast Guard, shall publish tion with the United States Coast Guard, the ment jurisdictions in which the project will a revised version of the document entitled United States Customs Service, and the Port be conducted. ‘‘Port Security: A National Planning Guide’’, Security Task Force established under sec- ‘‘(6) Information regarding the source and incorporating the guidance promulgated tion 3 of the Port and Maritime Security Act amount of matching funding available to the under section 7, within 3 years after the date of 2001, may guarantee or make a commit- applicant, as appropriate. of enactment of this Act, and make that doc- ment to guarantee the payment of the prin- ‘‘(7) Any other information the Secretary ument available on the Internet. cipal of, and the interest on, an obligation considers to be necessary for evaluating the SEC. 14. SECRETARY OF TRANSPORTATION TO for seaport security infrastructure improve- eligibility of the project for funding under COORDINATE PORT-RELATED CRIME ments for an eligible project at any United this title.’’. DATA COLLECTION. States seaport involved in international (b) ANNUAL ACCOUNTING.—The Secretary of (a) IN GENERAL.—The Secretary of Trans- trade. Transportation shall submit an annual sum- portation shall— ‘‘(b) LIMITATIONS.—Guarantees or commit- mary of loan guarantees and commitments (1) require, to the extent feasible, United ments to guarantee under this section are to make loan guarantees under section 1113 States government agencies with significant subject to the extent applicable to all the of the Merchant Marine Act, 1936, and grants regulatory or law enforcement responsibil- laws, requirements, regulations, and proce- made under section 1114 of that Act, to the ities at United States seaports to modify dures that apply to guarantees or commit- Task Force. The Task Force shall make that their information databases to ensure the ments to guarantee made under this title. information available to the public and to collection and retrievability of data relating ‘‘(c) TRANSFER OF FUNDS.—The Secretary local seaport security committees through to crime at or affecting such seaports; may accept the transfer of funds from any appropriate media of communication, includ- (2) evaluate the feasibility of capturing other department, agency, or instrumen- ing the Internet. data on cargo theft offenses (including such tality of the United States Government and (c) FUNDING.—Of amounts made available offenses occurring outside such seaports) may use those funds to cover the cost (as de- under section 17(b), there shall be made that would indicate the port of entry, the fined in section 502 of the Federal Credit Re- available to the Secretary of Transportation port where the shipment originated, where form Act of 1990 (2 U.S.C. 61a)) of making without further appropriation— the theft occurred, and maintaining the con- guarantees or commitments to guarantee (1) $8,000,000 for each of the fiscal years fidentiality of shipper and carrier unless vol- loans entered into under this section. 2003, 2004, 2005, and 2006 as guaranteed loan untarily disclosed, and, if feasible, imple- ‘‘(d) ELIGIBLE PROJECTS.—A project is eligi- costs (as defined in section 502(5) of the Fed- ment its capture; ble for a loan guarantee or commitment eral Credit Reform Act of 1990; 2 U.S.C. (3) if feasible, and in conjunction with the under subsection (a) if it is for the construc- 661a(5)), Task Force, establish an outreach program tion or acquisition of— (2) $10,000,000 for each of such fiscal years to work with State law enforcement officials ‘‘(1) equipment or facilities to be used for for grants under section 1114 of the Merchant to harmonize the reporting of data on cargo seaport security monitoring and recording; Marine Act, 1936, and theft among the States and with the United ‘‘(2) security gates and fencing; (3) $2,000,000 for each such fiscal year to States government’s reports; ‘‘(3) security-related lighting systems; cover administrative expenses related to (4) if the harmonization of the reporting of ‘‘(4) remote surveillance systems; loan guarantees and grants, such data among the States is not feasible, ‘‘(5) concealed video systems; or such amounts to remain available until ex- evaluate the feasibility of using private data ‘‘(6) other security infrastructure or equip- pended. bases on cargo theft and disseminating con- ment that contributes to the overall security (d) AUTHORIZATION OF APPROPRIATIONS.—In fidential cargo theft information to local of passengers, cargo, or crewmembers. addition to the amounts made available port security committees for further dis- ‘‘SEC. 1114. GRANTS. under subsection (c)(2), there are authorized semination to appropriate law enforcement ‘‘(a) FINANCIAL ASSISTANCE.—The Sec- to be appropriated to the Secretary of Trans- officials; and retary may provide financial assistance for portation for grants under section 1114 of the (5) in conjunction with the Task Force, es- eligible projects (within the meaning of sec- Merchant Marine Act, 1936, $10,000,000 for tablish an outreach program to work with tion 1113(d). each of the fiscal years 2003, 2004, 2005, and local port security committees to dissemi- ‘‘(b) MATCHING REQUIREMENTS.— 2006. nate cargo theft information to appropriate ‘‘(1) 75-PERCENT FEDERAL FUNDING.—Except law enforcement officials. SEC. 11. SCREENING AND DETECTION EQUIP- as provided in paragraph (2), Federal funds (b) REPORT ON FEASIBILITY.—The Secretary MENT. for any eligible project under this section of Transportation shall report to the Senate shall not exceed 75 percent of the total cost (a) FUNDING.—Of amounts made available Committee on Commerce, Science, and of such project. In calculating that percent- under section 17(b), there shall be made Transportation and the House of Representa- age, the non-Federal share of project costs available to the Commissioner of Customs tives Committee on Transportation and In- may be provided by in-kind contributions without further appropriation for the pur- frastructure within 1 year after the date of and other noncash support. chase of non-intrusive screening and detec- enactment of this Act on the feasibility of tion equipment for use at United States ‘‘(2) EXCEPTIONS.— each activity authorized by subsection (a). seaports— ‘‘(A) SMALL PROJECTS.—There are no (c) INTERSTATE OR FOREIGN SHIPMENTS BY matching requirements for grants under sub- (1) $15,000,000 for fiscal year 2003, CARRIER.— section (a) for projects costing not more (2) $16,000,000 for fiscal year 2004, (1) IN GENERAL.—Section 659 of title 18, than $25,000. (3) $18,000,000 for fiscal year 2005, and United States Code, is amended— (4) $19,000,000 for fiscal year 2006, ‘‘(B) HIGHER LEVEL OF SUPPORT REQUIRED.— (A) by striking ‘‘with intent to convert to If the Secretary determines that a proposed such sums to remain available until ex- his own use’’ each place it appears; project merits support and cannot be under- pended. (B) by inserting ‘‘trailer,’’ after taken without a higher rate of Federal sup- (b) ACCOUNTING.—The Commissioner shall ‘‘motortruck,’’ in the first undesignated port, then the Secretary may approve grants submit a report for each such fiscal year to paragraph; under this section with a matching require- the Senate Committee on Commerce, (C) by inserting ‘‘air cargo container,’’ ment other than that specified in paragraph Science, and Transportation and the House after ‘‘aircraft,’’ in the first undesignated (1). of Representatives Committee on Transpor- paragraph; ‘‘(c) ALLOCATION.—The Secretary shall en- tation and Infrastructure on the expenditure (D) by inserting a comma and ‘‘or from any sure that financial assistance provided under of funds appropriated pursuant to this sec- intermodal container, trailer, container subsection (a) during a fiscal year is distrib- tion. freight station, warehouse, or freight con- uted so that funds are awarded for eligible SEC. 12. ANNUAL REPORT ON MARITIME SECU- solidation facility,’’ after ‘‘air navigation fa- projects that address emerging priorities or RITY AND TERRORISM. cility’’ in the first undesignated paragraph; threats identified by the Task Force under Section 905 of the International Maritime (E) by striking ‘‘one year’’ and inserting ‘‘3 section 5 of the Port and Maritime Security and Port Security Act (46 U.S.C. App. 1802) is years’’ in the fifth undesignated paragraph; Act of 2001. amended by adding at the end thereof the (F) by adding at the end of the fifth undes- ‘‘(d) PROJECT PROPOSALS.—Each proposal following: ‘‘Beginning with the first report ignated paragraph the following: ‘‘Notwith- for a grant under this section shall include submitted under this section after the date standing the preceding sentence, the court the following: of enactment of the Port and Maritime Secu- may, upon motion of the Attorney General, ‘‘(1) The name of the individual or entity rity Act of 2001, the Secretary shall include reduce any penalty imposed under this para- responsible for conducting the project. a description of activities undertaken under graph with respect to any defendant who ‘‘(2) A succinct statement of the purposes that Act and an analysis of the effect of provides information leading to the arrest of the project. those activities on seaport security against and conviction of any dealer or wholesaler of ‘‘(3) A description of the qualifications of acts of terrorism.’’. stolen goods or chattels moving as or which the individuals who will conduct the project. SEC. 13. REVISION OF PORT SECURITY PLANNING are a part of or which constitute an inter- ‘‘(4) An estimate of the funds and time re- GUIDE. state or foreign shipment.’’; quired to complete the project. The Secretary of Transportation, acting (G) by inserting after the first sentence in ‘‘(5) Evidence of support of the project by through the Maritime Administration and the penultimate undesignated paragraph the appropriate representatives of States or ter- after consultation with the Task Force and following: ‘‘For purposes of this section, S8022 CONGRESSIONAL RECORD — SENATE July 20, 2001 goods and chattel shall be construed to be entries of goods released into the commerce been stimulated by a strong economy moving as an interstate or foreign shipment of the United States to the Service before and employment requirements under at all points between the point of origin and the goods are released for shipment from the welfare reform. the final destination (as evidenced by the seaport of first arrival; and Studies show that the supply of waybill or other shipping document of the (3) by distributing the information de- shipment), regardless of any temporary stop scribed in paragraphs (1) and (2) on a real- home-based and center-based child care while awaiting transshipment or other- time basis to any Federal, State, or local is far more abundant in affluent areas wise.’’; and government agency that has a regulatory or than in low-income areas. Moreover, (H) by adding at the end the following: law-enforcement interest in the goods. despite increased child care spending ‘‘It shall be an affirmative defense (on SEC. 17. 4-YEAR REAUTHORIZATION OF TONNAGE by states and the expansion of Head which the defendant bears the burden of per- DUTIES. Start, physical space continues to re- suasion by a preponderance of the evidence) (a) IN GENERAL.— main scarce or unaffordable in low-in- to an offense under this section that the de- (1) EXTENSION OF DUTIES.—Section 36 of the come communities. fendant bought, received, or possessed the Act of August 5, 1909 (36 Stat. 111; 46 U.S.C. Existing child care programs in too goods, chattels, money, or baggage at issue App. 121) is amended by striking ‘‘through with the sole intent to report the matter to 2002,’’ each place it appears and inserting many low-income neighborhoods are an appropriate law enforcement officer or to ‘‘through 2006,’’. crammed into inadequate, temporary the owner of the goods, chattels, money, or (2) CONFORMING AMENDMENT.—The Act enti- quarters, leaky church basements, baggage.’’. tled ‘‘An Act concerning tonnage duties on apartments, and other locations that (2) FEDERAL SENTENCING GUIDELINES.—Pur- vessels entering otherwise than by sea’’, ap- were never designed for this purpose. suant to section 994 of title 28, United States proved March 8, 1910 (36 Stat 234; 46 U.S.C. Between the overall shortage of child Code, the United States Sentencing Commis- App. 132) is amended by striking ‘‘through care and inadequate existing facilities, sion shall amend the Federal sentencing 2002,’’ and inserting ‘‘through 2006,’’. parents have limited choices among in- guidelines to provide a sentencing enhance- (b) AVAILABILITY OF FUNDS.—Amounts de- ment of not less than 2 levels for any offense posited in the general fund of the Treasury ferior quality care, at times unsafe under section 659 of title 18, United States as receipts of tonnage charges collected as a care for children. Code, as amended by this section. result of the amendments made by sub- The United States has carried out (3) REPORT TO CONGRESS.—The Attorney section (a) shall be made available in each of the most extensive systematic, and rig- General shall annually submit to Congress a fiscal years 2003 through 2006 to carry out orous research on investing in early report, which shall include an evaluation of this Act, as provided in sections 3(g), 4(f), education and child care programs. law enforcement activities relating to the 5(f), 8(d), 9(f), 10(c), 11(a), 14(d), and 15(b). This research has shown that brain de- investigation and prosecution of offenses SEC. 18. DEFINITIONS. velopment is fastest during a child’s under section 659 of title 18, United States In this Act: Code. earliest years. (1) ADMINISTRATOR.—The term ‘‘Adminis- We know that quality child care can (d) Funding.—Out of amounts made avail- trator’’ means the Administrator of the Mar- able under section 17(b), there shall be made itime Administration. significantly assist in preparing chil- available to the Secretary of Transportation, (1) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap- dren for school. The shortage in the without further appropriation, $1,000,000 for tain-of-the-Port’’ means the United States supply of quality child care too often each of fiscal years 2003, 2004, 2005, and 2006, Coast Guard’s Captain-of-the-Port. translates to inferior quality care for to modify existing data bases to capture data (2) COMMANDANT.—The term ‘‘Com- children. on cargo theft offenses and to make grants mandant’’ means the Commandant of the One of the contributing factors to the to States to harmonize data on cargo theft, United States Coast Guard. child care shortage is the difficulty such sums to remain available until ex- (1) SECRETARY.—Except as otherwise pro- that would-be providers face in financ- pended. vided, the term ‘‘Secretary’’ means the Sec- ing child care facility development. Fi- SEC. 15. SHARED DOCKSIDE INSPECTION FACILI- retary of Transportation. TIES. (2) TASK FORCE.—The term ‘‘Task Force’’ nancial institutions often view child (a) IN GENERAL.—The Secretary of the means the Port Security Task Force estab- care providers as high risks for loans. Treasury, the Secretary of Agriculture, the lished under section 3. In low-income neighborhoods, child Secretary of Transportation, and the Attor- care providers face severely restricted ney General shall work with each other, the By Mr. DODD (for himself, Mr. revenues and low real estate values. In Task Force, and the States to establish DEWINE, Ms. SNOWE, Mr. KEN- urban areas, would-be child care pro- shared dockside inspection facilities at NEDY, Mr. ROBERTS, Mr. JOHN- viders must contend with buildings in United States seaports for Federal and State SON, Mr. EDWARDS, Mrs. FEIN- agencies. poor physical condition and high prop- STEIN, Ms. COLLINS, Mr. (b) FUNDING.—Of the amounts made avail- erty costs. able under section 17(b), there shall be made WELLSTONE, Mr. BINGAMAN, and In all areas, reimbursement rates for available to the Secretary of the Transpor- Mrs. MURRAY): child care subsidies are generally too tation, without further appropriation, S. 1217. A bill to provide for the ac- low to cover the recovery cost of pur- $1,000,000 for each of fiscal years 2003, 2004, quisition, construction, and improve- chasing or developing facilities, espe- 2005, and 2006, such sums to remain available ment of child care facilities or equip- cially after allowing for the cost of until expended, to establish shared dockside ment, and for other purposes; to the running the program. In addition, new inspection facilities at United States sea- Committee on Health, Education, providers often have no business train- ports in consultation with the Secretary of the Treasury, the Secretary of Agriculture, Labor, and Pensions. ing, and may need to learn how to and the Attorney General. Mr. DODD. Mr. President, I am manage their finances and business. SEC. 16. IMPROVED CUSTOMS REPORTING PRO- pleased to join with my colleague from The Child Care Facilities Financing CEDURES. Ohio, Senator DEWINE, in introducing Act would provide grants to inter- In an manner that is consistent with the the Child Care Facilities Financing mediary organizations, enabling them promulgation of the manifesting and in-bond Act. We are also joined by Senator to provide financial and technical as- regulations and with the phased-in imple- SNOWE, Senator KENNEDY, Senator sistance to existing or new child care mentation of those regulations in the devel- ROBERTS, Senator JOHNSON, Senator providers—including both center-based opment of the Automated Commercial Envi- EDWARDS, Senator FEINSTEIN, Senator and home-based child care. ronment Project, the United States Customs Service shall improve reporting of imports COLLINS, Senator WELLSTONE, Senator The financial assistance may be in at United States seaports— BINGAMAN, and Senator MURRAY as the form of loans, grants, investments, (1) by promulgating regulations to require, original cosponsors. or other assistance, allowing for flexi- notwithstanding the second sentence of sec- According to the Bureau of Labor bility depending on the situation of the tion 411(b) of the Tariff Act of 1930 (19 U.S.C. Statistics, about 13 million children child care provider. The assistance may 1411(b)), all ocean manifests to be trans- under age 6 and 31 million children be- be used for acquisition, construction, mitted in electronic form to the Service in tween the ages of 6 and 17 have both or renovation of child care facilities or sufficient time for the information to be parents or their only parent in the equipment. It may also be used for im- used effectively by the Service; work force. (2) by promulgating regulations to require, proving child care management and notwithstanding sections 552, 553, and 1641 of The demand for quality child care is business practices. such Act (19 U.S.C. 1552, 1553, and 1641), all exploding. But the supply of care has Grant funds under our legislation are entries of goods, including in-bond entries, not kept pace, particularly in low-in- required to be matched 50–50, further to provide the same information required for come communities where demand has enhancing local capacity by leveraging July 20, 2001 CONGRESSIONAL RECORD — SENATE S8023 Federal funding and creating valuable hard enough for low-income families to September 30, 2002, and for other purposes; public/private partnerships. The added make ends meet without the additional which was ordered to lie on the table. benefit in providing this kind of assist- anxiety of poor choices of care for their SA 1029. Mrs. MURRAY (for herself and Mr. ance is that it will spur further com- children. SHELBY) proposed an amendment to amend- ment SA 1025 submitted by Mrs. MURRAY and munity and economic development by I ask unanimous consent that a brief intended to be proposed to the bill (H.R. 2299) building local partnerships. summary of the legislation be printed supra. Reducing parental anxiety about in the RECORD. SA 1030. Mrs. MURRAY (for herself and Mr. child care means that parents can be- There being no objection, the mate- SHELBY) proposed an amendment to amend- come more reliable and productive rial was ordered to be printed in the ment SA 1025 submitted by Mrs. MURRAY and workers. An evaluation of California’s RECORD, as follows: intended to be proposed to the bill (H.R. 2299) supra. welfare-to-work program found that THE CHILD CARE FACILITIES FINANCING ACT mothers participating in the program SA 1031. Mr. CRAPO submitted an amend- THE PROBLEM ment intended to be proposed to amendment were twice as likely to drop out during Many low-income communities face a se- SA 1025 submitted by Mrs. MURRAY and in- the first year if they expressed dis- vere shortage of child care and equipment. tended to be proposed to the bill (H.R. 2299) satisfaction with the child care pro- Child care providers in low-income areas supra; which was ordered to lie on the table. vider or facility they were using. often lack the access to capital and manage- f Let me share with you an example ment expertise to expand the capacity and from my state of Connecticut. In the the quality of their programs. TEXT OF AMENDMENTS A lack of affordable child care threatens Hill neighborhood of New Haven, one of SA 1028. Mr. THOMAS submitted an the most underserved areas of the city, the ability of low-income parents to find and maintain stable employment. amendment intended to be proposed by there are more than 2,500 children Quality child care can really make a dif- him to the bill H.R. 2299, making ap- under the age of five, but just 200 li- ference in a child’s ability to start school propriations for the Department of censed child care spaces, including ready to learn. Transportation and related agencies family care. THE SOLUTION for the fiscal year ending September 30, LULAC Head Start has been serving The Child Care Facilities Financing Act 2002, and for other purposes; which was the Hill neighborhood since 1983, oper- authorizes $50 million annually to fund ordered to lie on the table; as follows: ating a part-day, early childhood pro- grants to non-profit intermediaries to en- On page 66, line 8, after the word ‘‘bus’’, in- gram out of a cramped and poorly lit hance the ability of home- and center-based sert the following phrase: ‘‘, as that term is church basement. This basement pro- child care providers to serve their commu- defined in section 301 of the American with gram could no longer be licensed by the nities. Funds will be used to provide: Disabilities Act of 1990 (42 U.S.C. § 12181)’’; state and recently closed. The 54 chil- Financial assistance by intermediaries, in On page 66, line 9 strike ‘‘; and ’’ and insert dren being served were moved to an- the form of loans, grants, and interest sub- in lieu thereof ‘‘.’’; and sidies, for the acquisition, construction, or other location which is overcrowded. On page 66, beginning with line 10, strike improvement of facilities for home- and cen- all through page 70, line 14. Thanks to a collaboration between ter-based child care and technical assistance the Hill Development Corporation, to improve business management and entre- SA 1029. Mrs. MURRAY (for herself LULAC Head Start and the New Haven preneurial skills to ensure long-term viabil- and Mr. SHELBY) proposed an amend- Child Development Program, low-in- ity of child care providers. ment to amendment SA 1025 submitted come families in the Hill community The Child Care Facilities Financing Act by Mrs. MURRAY and intended to be will have more access to affordable and requires that the federal investment be proposed to the bill (H.R. 2299) making high-quality child care services. matched, dollar for dollar, by funds from the appropriations for the Department of A new facility, the Hill Parent Child private sector, stimulating valuable public/ private partnerships. Transportation and related agencies Center, is under construction and will BUILDING ON A PROVEN MODEL for the fiscal year ending September 30, provide multicultural child care, 2002, and for other purposes; as follows: school readiness, and Head Start serv- The Child Care Facilities Financing Act draws from the community development ices for 172 low-income children in New On page 20, line 16, strike the numeral and model—using small, seed-money investments all that follows through the word ‘‘Code’’ on Haven. to leverage existing community resources. page 18 and insert in lieu thereof the fol- Fortunately for this Hill Community, Tested in communities across the nation, lowing: ‘‘$3,348,128 shall be set aside for the Connecticut has a new child care fi- this approach has been proven to be success- program authorized under section 1101(a)(11) nancing program. Connecticut multi- ful in expanding child care capacity: of the Transportation Equity Act for the 21st Cities Local Initiatives Support Cor- In New Haven, Connecticut, the Local Ini- Century, as amended and section 162 of title poration and the National Child Care tiatives Support Corporation (LISC) estab- 23, United States Code;’’. Initiative joined forces with the State lished the Community Investment Collabo- On page 33, line 12, strike the world ‘‘to- of Connecticut to design a program to rative for Kids—closing on $3.6 million in gether’’ and all that follows through the public-private financing to construct a new finance the development of child care semi-colon on line 14. 10 room, 171 child Head Start and child care On page 78, strike line 20 through 24. facilities. center on a vacant lot in a low-income neigh- Unfortunately, there are many more borhood. SA 1030. Mrs. MURRAY (for herself children in New Haven and other parts The Ohio Community Development Fi- and Mr. SHELBY) proposed an amend- of Connecticut as well as across the nance Fund offers stable resources for plan- ment to amendment SA 1025 submitted Nation who sill need child care. Sadly, ning, technical assistance and funding for the development of expanded quality child by Mrs. MURRAY and intended to be most States do not have a child care fi- proposed to the bill (H.R. 2299) making nancing system in place. care space. It leverages $26.11 for every $1.00 in public funding and has touched the lives appropriations for the Department of We should do all we can to ensure of over 13,000 Ohio children. Wonder World, Transportation and related agencies that safe, affordable, quality child care an urban child car center in Akron, Ohio, for the fiscal year ending September 30, is available for more families, particu- was operating in a dingy and poorly lit space 2002, and for other purposes; as follows: larly low-income families, so that we of an old church. Despite these conditions On page 73, strike lines 19 through 24 and the center had a waiting list. With help from can truly leave no child behind. When insert the following: the Ohio Community Development Finance the economic situation of families im- ‘‘(E) requires— Fund, a new eight room child care facility prove, distressed communities become ‘‘(i) inspections of all commercial vehicles was constructed serving approximately 200 revitalized. of Mexican motor carriers authorized, or children. Expanding the supply of quality child seeking authority, to operate beyond United care is an important step in investing f States municipalities and commercial zones in the needs of families with young AMENDMENTS SUBMITTED AND on the United States-Mexico border that do children. PROPOSED not display a valid Commercial Vehicle Safe- I hope that you will join with Sen- ty Alliance inspection decal, by certified SA 1028. Mr. THOMAS submitted an Federal inspectors, or by State inspectors ator DEWINE and me in supporting this amendment intended to be proposed by him whose operations are funded in part or in legislation to ensure that parents have to the bill H.R. 2299, making appropriations whole by Federal funds, in accordance with as many choices as possible in select- for the Department of Transportation and the requirements for a Level I Inspection ing child care while they work. It is related agencies for the fiscal year ending under the criteria of the North American S8024 CONGRESSIONAL RECORD — SENATE July 20, 2001 Standard Inspection (as defined in section agreements entered into pursuant to section the Army and the supervision of the Chief of 350.105 of title 49, Code of Federal Regula- 47108 of title 49, United States Code, on or Engineers for authorized civil functions of the tions), including examination of the driver, after the date of enactment of this Act. Department of the Army pertaining to rivers vehicle exterior and vehicle under-carriage, and harbors, flood control, beach erosion, and f and related purposes. ‘‘(ii) a Commercial Vehicle Safety Alliance NOTICES OF HEARINGS GENERAL INVESTIGATIONS decal to be affixed to each such commercial vehicle upon completion of the inspection re- COMMITTEE ON AGRICULTURE, NUTRITION AND For expenses necessary for the collection and quired by clause (i) or a re-inspection if the FORESTRY study of basic information pertaining to river vehicle has met the criteria for the Level I Mr. HARKIN. Mr. President, I would and harbor, flood control, shore protection, and inspection when no component parts were like to announce that the Committee related projects, restudy of authorized projects, hidden from view and no evidence of a defect on Agriculture, Nutrition, and For- miscellaneous investigations, and, when author- was present, and ized by laws, surveys and detailed studies and estry will meet on July 24, 2001 in SR– plans and specifications of projects prior to con- ‘‘(iii) that any such decal, when affixed, ex- 328A at 9:00 a.m. The purpose of this pire at the end of a period of not more than struction, $152,402,000, to remain available until 90 days, but hearing will be to discuss livestock expended, of which not less than $500,000 shall be used to conduct a study of Port of Iberia, nothing in this paragraph shall be construed issues for the next Federal farm bill. Louisiana, and of which such sums as are nec- to preclude the Administration from requir- f essary shall be used by the Secretary of the ing re-inspection of a vehicle bearing a valid Army to conduct and submit to Congress a study inspection decal or from requiring that such AUTHORITY FOR COMMITTEES TO that examines the known and potential environ- a decal be removed when a certified Federal MEET mental effects of oil and gas drilling activity in or State inspector determines that such a ve- COMMITTEE ON FINANCE the Great Lakes (including effects on the shore- hicle has a safety violations subsequent to lines and water of the Great Lakes): Provided, the inspection for which the decal was grant- Mr. DASCHLE. Mr. President, I ask That during the fiscal years 2002 and 2003, no ed.’’. unanimous consent that the Com- mittee on Finance be authorized to Federal or State permit or lease shall be issued SA 1031. Mr. CRAPO submitted an meet during the session of the Senate for oil and gas slant, directional, or offshore amendment intended to be proposed to on Friday, July 20, 2001, to hear testi- drilling in or under 1 or more of the Great Lakes (including in or under any river flowing into or amendment SA 1025 submitted by Mrs. mony on Trade Adjustment Assistance. out of the lake): Provided further, That using MURRAY and intended to be proposed to The PRESIDING OFFICER. Without $100,000 of the funds provided herein for the the bill (H.R. 2299) making appropria- objection, it is so ordered. States of Maryland, Virginia, Pennsylvania and tions for the Department of Transpor- COMMITTEE ON VETERANS’ AFFAIRS the District of Columbia, the Secretary of the tation and related agencies for the fis- Mr. DASCHLE. Mr. President, I ask Army, acting through the Chief of Engineers, is cal year ending September 30, 2002, and unanimous consent that the Com- directed to conduct a Chesapeake Bay shoreline erosion study, including an examination of for other purposes; which was ordered mittee on Veterans’ Affairs be author- to lie on the table; as follows: management measures that could be undertaken ized to meet during the session of the to address the sediments behind the dams on the On page 81, between lines 13 and 14, insert Senate on Friday, July 20, 2001, for a lower Susquehanna River: Provided further, the following: markup on the nomination of Gordon That the Secretary of the Army, using $100,000 SEC. 350. INCREASED GOVERNMENT SHARE. H. Mansfield to be Assistant Secretary of the funds provided herein, is directed to con- (a) IN GENERAL.—Section 47109 of title 49, for Congressional Affairs at the De- duct studies for flood damage reduction, envi- United States Code, is amended by adding at ronmental protection, environmental restora- the end the following new subsection: partment of Veterans Affairs. The meeting will take place in the Senate tion, water supply, water quality and other pur- ‘‘(d) SPECIAL RULE FOR CERTAIN AIR- poses in Tuscaloosa County, Alabama, and shall PORTS.— Reception Room after the first rollcall provide a comprehensive plan for the develop- ‘‘(1) IN GENERAL.—Notwithstanding sub- vote of the day. ment, conservation, disposal and utilization of section (b), in the case of a qualifying air- The PRESIDING OFFICER. Without water and related land resources, for flood dam- port, the Government’s share of allowable objection, it is so ordered. age reduction and allied purposes, including the project costs shall be increased by the great- Mrs. MURRAY. Mr. President, I ask determination of the need for a reservoir to sat- er of— unanimous consent that Denise Mat- isfy municipal and industrial water supply ‘‘(A) the percentage determined under sub- needs: Provided further, That within the funds section (b); or thews and Cyndi Stowe, Fellows on the staff of the Committee on Appropria- provided herein, the Secretary may use $300,000 ‘‘(B) one-half of the percentage that the for the North Georgia Water Planning District area of Federal land in the State where the tions, be granted the privileges of the Watershed Study, Georgia. airport is located is of the total area of that floor during debate on the fiscal year CONSTRUCTION, GENERAL State. 2002 Transportation appropriations bill ‘‘(2) LIMITATION.—The percentage increase and the conference report thereon. For the prosecution of river and harbor, flood of the Government’s share of allowable control, shore protection, and related projects The PRESIDING OFFICER. Without authorized by laws; and detailed studies, and project costs determined under this sub- objection, it is so ordered. section shall not exceed the lesser of 93.75 plans and specifications, of projects (including percent or the highest percentage of the Gov- f those for development with participation or ernment’s share applicable to any project in under consideration for participation by States, any State under subsection (b). ENERGY AND WATER DEVELOP- local governments, or private groups) authorized ‘‘(3) QUALIFYING AIRPORT.—In this sub- MENT APPROPRIATIONS ACT 2002 or made eligible for selection by law (but such section, the term ‘qualifying airport’ means On July 19, 2001, the Senate amended studies shall not constitute a commitment of the Government to construction), $1,570,798,000, to an airport that— and passed H.R. 2311, as follows: ‘‘(A) has less than .25 percent of the total remain available until expended, of which such number of passenger boardings at all com- Resolved, That the bill from the House of sums as are necessary for the Federal share of mercial service airports during the calendar Representatives (H.R. 2311) entitled ‘‘An Act construction costs for facilities under the year used for calculating the most recent ap- making appropriations for energy and water Dredged Material Disposal Facilities program portionments made under section 47114; and development for the fiscal year ending Sep- shall be derived from the Harbor Maintenance ‘‘(B) is located in a State in which more tember 30, 2002, and for other purposes.’’, do Trust Fund, as authorized by Public Law 104– than 40 percent of the total area of the State pass with the following amendment: 303; and of which such sums as are necessary is Federal lands. Strike out all after the enacting clause and pursuant to Public Law 99–662 shall be derived ‘‘(4) FEDERAL LANDS.—In this subsection, insert: from the Inland Waterways Trust Fund, for the term ‘Federal lands’ means nontaxable That the following sums are appropriated, out one-half of the costs of construction and reha- Indian lands (individual and tribal) and all of any money in the Treasury not otherwise ap- bilitation of inland waterways projects, includ- lands owned by the Federal Government in- propriated, for the fiscal year ending September ing rehabilitation costs for the Lock and Dam cluding, without limitation, appropriated 30, 2002, for energy and water development, and 12, Mississippi River, Iowa; Lock and Dam 24, and unappropriated lands and reserved and for other purposes, namely: Mississippi River, Illinois and Missouri; Lock unreserved lands.’’. TITLE I and Dam 3, Mississippi River, Minnesota; and (b) CONFORMING AMENDMENT.—Section DEPARTMENT OF DEFENSE—CIVIL London Locks and Dam, and Kanawha River, 47109(a) of title 49, United States Code, is West Virginia, projects; and of which funds are DEPARTMENT OF THE ARMY amended by inserting ‘‘or subsection (d)’’ provided for the following projects in the after ‘‘subsection (b)’’. CORPS OF ENGINEERS—CIVIL amounts specified: (c) EFFECTIVE DATE.—The amendments The following appropriations shall be ex- Red River Emergency Bank Protection, AR, made by this section apply to project grant pended under the direction of the Secretary of $4,500,000; July 20, 2001 CONGRESSIONAL RECORD — SENATE S8025 Indianapolis Central Waterfront, Indiana, directed to continue the Dickenson County De- Agency, of a permanent disposal site for envi- $5,000,000; tailed Project Report as generally defined in ronmentally sound dredged material from navi- Southern and Eastern Kentucky, Kentucky, Plan 4 of the Huntington District Engineer’s gational dredging projects in the State of Rhode $2,500,000: Draft Supplement to the Section 202 General Island: Provided further, That the project for Provided, That using $200,000 of the funds pro- Plan for Flood Damage Reduction dated April the Apalachicola, Chattahoochee and Flint Riv- vided herein, the Secretary of the Army, acting 1997, including all Russell Fork tributary ers Navigation, authorized by section 2 of the through the Chief of Engineers, is directed to streams within the County and special consider- Rivers and Harbor Act of March 2, 1945 (Public conduct, at full Federal expense, technical stud- ations as may be appropriate to address the Law 79–14; 59 Stat. 10) and modified by the first ies of individual ditch systems identified by the unique relocations and resettlement needs for section of the River and Harbor Act of 1946 (60 State of Hawaii, and to assist the State in diver- the flood prone communities within the County: Stat. 635, chapter 595), is modified to authorize sification by helping to define the cost of repair- Provided further, That, with respect to the envi- the Secretary, as part of navigation mainte- ing and maintaining selected ditch systems: Pro- ronmental infrastructure project in Lebanon, nance activities to develop and implement a vided further, That the Secretary of the Army, New Hampshire, for which funds are made plan to be integrated into the long-term dredged acting through the Chief of Engineers, is di- available under this heading, the non-Federal material management plan being developed for rected to use $1,300,000 of the funds appro- interest shall receive credit toward the non-Fed- the Corley Slough reach as required by condi- priated herein to continue construction of the eral share of the cost of the project for work per- tions of the State of Florida water quality cer- navigation project at Kaumalapau Harbor, Ha- formed before the date of execution of the tification, for periodically removing sandy waii: Provided further, That with $800,000 of the project cooperation agreement, if the Secretary dredged material from the disposal area known funds provided herein, the Secretary of the determines the work is integral to the project: as Site 40, located at mile 36.5 of the Apalachi- Army, acting through the Chief of Engineers, is Provided further, That within the funds pro- cola River, and from other disposal sites that directed to continue construction of the Bruns- vided herein, $250,000 may be used for the the Secretary may determine to be needed, for wick County Beaches, North Carolina-Ocean Horseshoe Lake, Arkansas feasibility study. the purpose of reuse of the disposal areas, by Isle Beach portion in accordance with the Gen- FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- transporting and depositing the sand for envi- eral Reevaluation Report approved by the Chief TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- ronmentally acceptable beneficial uses in coast- of Engineers on May 15, 1998: Provided further, ISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE al areas of northwest Florida to be determined That $2,500,000 of the funds appropriated here- For expenses necessary for prosecuting work in coordination with the State of Florida: Pro- in, the Secretary of the Army, acting through of flood control, and rescue work, repair, res- vided further, That the Secretary is authorized the Chief of Engineers, is directed to use toration, or maintenance of flood control to acquire all lands, easements, and rights-of- $500,000 to undertake the Bowie County Levee projects threatened or destroyed by flood, as au- way that may be determined by the Secretary, Project, which is defined as Alternative B Local thorized by law (33 U.S.C. 702a and 702g–1), in consultation with the affected State, to be re- Sponsor Option, in the Corps of Engineers docu- $328,011,000, to remain available until expended. quired for dredged material disposal areas to im- ment entitled Bowie County Local Flood Protec- OPERATION AND MAINTENANCE, GENERAL plement a long-term dredge material manage- tion, Red River, Texas, Project Design Memo- For expenses necessary for the preservation, ment plan: Provided further, That the long-term randum No. 1, Bowie County Levee, dated April operation, maintenance, and care of existing management plan shall be developed in coordi- 1997: Provided further, That the Secretary of the river and harbor, flood control, and related nation with the State of Florida no later than 2 Army is directed to use $4,000,000 of the funds works, including such sums as may be necessary years from the date of enactment of this legisla- provided herein for Dam safety and Seepage/ for the maintenance of harbor channels pro- tion: Provided further, That, $5,000,000 shall be Stability Correction Program to continue con- vided by a State, municipality or other public made available for these purposes and $8,173,000 struction of seepage control features at Water- agency, outside of harbor lines, and serving es- shall be made available for the Apalachicola, bury Dam, Vermont: Provided further, That the sential needs of general commerce and naviga- Chattahoochee and Flint Rivers Navigation. Secretary of the Army, acting through the Chief tion; surveys and charting of northern and REGULATORY PROGRAM of Engineers, is directed to use $2,500,000 of the northwestern lakes and connecting waters; For expenses necessary for administration of funds appropriated herein to proceed with the clearing and straightening channels; and re- laws pertaining to regulation of navigable wa- removal of the Embrey Dam, Fredericksburg, moval of obstructions to navigation, ters and wetlands, $128,000,000, to remain avail- Virginia: Provided further, That the Secretary $1,833,263,000, to remain available until ex- able until expended. of the Army, acting through the Chief of Engi- pended, of which not less than $300,000 shall be neers, is directed to use $41,100,000 of the funds FORMERLY UTILIZED SITES REMEDIAL ACTION used for a study to determine, and develop a PROGRAM appropriated herein to proceed with planning, project that would make, the best use, on beach- For expenses necessary to clean up contami- engineering, design or construction of the fol- es of adjacent towns, of sand dredged from nation from sites throughout the United States lowing elements of the Levisa and Tug Forks of Morehead City Harbor, Carteret County, North resulting from work performed as part of the the Big Sandy River and Upper Cumberland Carolina; of which such sums as become avail- Nation’s early atomic energy program, River Project: able in the Harbor Maintenance Trust Fund, $140,000,000, to remain available until expended. $4,500,000 for the Clover Fork, Kentucky, ele- pursuant to Public Law 99–662, may be derived ment of the project; from that Fund, and of which such sums as be- GENERAL EXPENSES $1,000,000 for the City of Cumberland, Ken- come available from the special account estab- For expenses necessary for general adminis- tucky, element of the project; lished by the Land and Water Conservation Act tration and related functions in the Office of $1,650,000 for the town of Martin, Kentucky, of 1965, as amended (16 U.S.C. 460l), may be de- the Chief of Engineers and offices of the Divi- element of the project; rived from that account for construction, oper- sion Engineers; activities of the Coastal Engi- $2,100,000 for the Pike County, Kentucky, ele- ation, and maintenance of outdoor recreation neering Research Board, the Humphreys Engi- ment of the project, including $1,100,000 for ad- facilities, and of which not less than $400,000 neer Center Support Activity, the Water Re- ditional studies along the tributaries of the Tug shall be used to carry out maintenance dredging sources Support Center, and headquarters sup- Fork and continuation of a Detailed Project Re- of the Sagamore Creek Channel, New Hamp- port functions at the USACE Finance Center, port for the Levisa Fork; $153,000,000, to remain available until expended: $3,850,000 for the Martin County, Kentucky, shire: Provided, That of funds appropriated Provided, That no part of any other appropria- element of the project; herein, for the Intracoastal Waterway, Dela- $950,000 for the Floyd County, Kentucky, ele- ware River to Chesapeake Bay, Delaware and tion provided in title I of this Act shall be avail- ment of the project; Maryland, the Secretary of the Army, acting able to fund the activities of the Office of the $600,000 for the Harlan County element of the through the Chief of Engineers, is directed to re- Chief of Engineers or the executive direction project; imburse the State of Delaware for normal oper- and management activities of the division of- $800,000 for additional studies along tribu- ation and maintenance costs incurred by the fices. taries of the Cumberland River in Bell County, State of Delaware for the SR1 Bridge from sta- ADMINISTRATIVE PROVISIONS ∂ ∂ Kentucky; tion 58 00 to station 293 00 between May 12, Appropriations in this title shall be available $18,600,000 to continue work on the Grundy, 1997 and September 30, 2002. Reimbursement for official reception and representation ex- Virginia, element of the project; costs shall not exceed $1,277,000: Provided fur- penses (not to exceed $5,000); and during the $450,000 to complete the Buchanan County, ther, That the Secretary of the Army is directed current fiscal year the Revolving Fund, Corps of Virginia, Detailed Project Report; to use $2,000,000 of funds appropriated herein to Engineers, shall be available for purchase (not $700,000 to continue the Dickenson County, remove and reinstall the docks and causeway, in to exceed 100 for replacement only) and hire of Detailed Project Report; kind, at Astoria East Boat Basin, Oregon: Pro- passenger motor vehicles. vided further, That $2,000,000 of the funds ap- $1,500,000 for the Lower Mingo County, West GENERAL PROVISIONS Virginia, element of the project; propriated herein, the Secretary of the Army, $600,000 for the Upper Mingo County, West acting through the Chief of Engineers, is di- CORPS OF ENGINEERS—CIVIL Virginia, element of the project; rected to dredge a channel from the mouth of SEC. 101. Agreements proposed for execution $600,000 for the Wayne County, West Virginia, Wheeling Creek to Tunnel Green Park in Wheel- by the Assistant Secretary of the Army for Civil element of the project; ing, West Virginia: Provided further, That Works or the United States Army Corps of Engi- $3,200,000 for the McDowell County element of $500,000 of the funds appropriated herein shall neers after the date of the enactment of this Act the project: be available for the conduct of activities related pursuant to section 4 of the Rivers and Harbor Provided further, That the Secretary of the to the selection, by the Secretary of the Army in Act of 1915, Public Law 64–291; section 11 of the Army, acting through the Chief of Engineers, is cooperation with the Environmental Protection River and Harbor Act of 1925, Public Law 68– S8026 CONGRESSIONAL RECORD — SENATE July 20, 2001 585; the Civil Functions Appropriations Act, projects proposed to be carried out in 1 or more (XII) crossing Church Street, S. 34°19′51″ E. 1936, Public Law 75–208; section 215 of the Flood areas described in paragraph (2) are not in the 1590.16 feet to a point in the easterly line of Control Act of 1968, as amended, Public Law 90– public interest. Church Street; thence 483; sections 104, 203, and 204 of the Water Re- (2) DESCRIPTION OF AREAS.—The areas re- (XIII) S. 11°28′50″ W. 1052.14 feet; thence sources Development Act of 1986, as amended ferred to in paragraph (1) are certain parcels of (XIV) S. 61°28′35″ W. 32.31 feet; thence (Public Law 99–662); section 206 of the Water property situated in the West Deptford Town- (XV) S. 11°28′50″ W. 38.56 feet to the point of Resources Development Act of 1992, as amended, ship, Gloucester County, New Jersey, as de- beginning. Public Law 102–580; section 211 of the Water Re- picted on Tax Assessment Map #26, Block #328, (ii) The parcel described in clause (i) does not sources Development Act of 1996, Public Law Lots #1, 1.03, 1.08, and 1.09, more fully described include the parcel beginning at the point in the 104–303, and any other specific project author- as follows: centerline of Church Street (49.50 feet wide), ity, shall be limited to credits and reimburse- (A) Beginning at the point in the easterly line that point being N. 11°28′50″ E. 796.36 feet, meas- ments per project not to exceed $10,000,000 in of Church Street (49.50 feet wide), said begin- ured along the centerline, from its intersection each fiscal year, and total credits and reim- ning point being the following 2 courses from with the curved northerly right-of-way line of bursements for all applicable projects not to ex- the intersection of the centerline of Church Pennsylvania-Reading Seashore Lines Railroad ceed $50,000,000 in each fiscal year. Street with the curved northerly right-of-way (66.00 feet wide)— SEC. 102. ST. GEORGES BRIDGE, DELAWARE. line of Pennsylvania-Reading Seashore Lines (I) N. 78°27′40″ W. 118.47 feet; thence None of the funds made available in this Act Railroad (66.00 feet wide)— (II) N. 15°48′40″ W. 120.51 feet; thence may be used to carry out any activity relating (i) along said centerline of Church Street N. (III) N. 77°53′00″ E 189.58 feet to a point in the to closure or removal of the St. Georges Bridge 11°28′50″ E. 38.56 feet; thence centerline of Church Street; thence across the Intracoastal Waterway, Delaware (ii) along the same N. 61°28′35″ E. 32.31 feet to (IV) S. 11°28′50″ W. 183.10 feet to the point of River to Chesapeake Bay, Delaware and Mary- the point of beginning. beginning. land, including a hearing or any other activity (B) Said beginning point also being the end of (b) LIMITS ON APPLICABILITY; REGULATORY relating to preparation of an environmental im- the thirteenth course and from said beginning REQUIREMENTS.— pact statement concerning the closure or re- point runs; thence, along the aformentioned (1) IN GENERAL.—The designation under sub- moval. Easterly line of Church Street— section (a)(1) shall apply to those parts of the SEC. 103. The Secretary may not expend funds (i) N. 11°28′50″ E. 1052.14 feet; thence areas described in subsection (a) that are or will to accelerate the schedule to finalize the Record (ii) crossing Church Street, N. 34°19′51″ W. be bulkheaded and filled or otherwise occupied of Decision for the revision of the Missouri River 1590.16 feet; thence by permanent structures, including marina fa- ° ′ ″ Master Water Control Manual and any associ- (iii) N. 27 56 37 W. 3674.36 feet; thence cilities. ° ′ ″ ated changes to the Missouri River Annual Op- (iv) N. 35 33 54 W. 975.59 feet; thence (2) APPLICABLE LAW.—All activities described ° ′ ″ erating Plan. During consideration of revisions (v) N. 57 04 39 W. 481.04 feet; thence in paragraph (1) shall be subject to all applica- ° ′ ″ to the manual in fiscal year 2002, the Secretary (vi) N. 36 22 55 W. 870.00 feet to a point in the ble Federal law, including— may consider and propose alternatives for Pierhead and Bulkhead Line along the South- (A) the Act of March 3, 1899 (30 Stat. 1121, achieving species recovery other than the alter- easterly shore of the Delaware River; thence chapter 425); (vii) along the same line N. 53°37′05″ E. 1256.19 natives specifically prescribed by the United (B) section 404 of the Federal Water Pollution feet; thence States Fish and Wildlife Service in the biological Control Act (33 U.S.C. 1344); and (viii) still along the same, N. 86°10′29″ E. opinion of the Service. The Secretary shall con- (C) the National Environmental Policy Act of 1692.61 feet; thence, still along the same the fol- sider the views of other Federal agencies, non- 1969 (42 U.S.C. 4321 et seq.). lowing thirteenth courses Federal agencies, and individuals to ensure that (c) TERMINATION OF DESIGNATION.—If, on the (ix) S. 67°44′20″ E. 1090.00 feet to a point in the other congressionally authorized purposes are date that is 20 years after the date of enactment Pierhead and Bulkhead Line along the South- maintained. of this Act, any area or portion of an area de- SEC. 104. The non-Federal interest shall re- westerly shore of Woodbury Creek; thence scribed in subsection (a)(3) is not bulkheaded, ceive credit towards the lands, easements, relo- (x) S. 39°44′20″ E. 507.10 feet; thence filled, or otherwise occupied by permanent cations, rights-of-way, and disposal areas re- (xi) S. 31°01′38″ E. 1062.95 feet; thence structures (including marina facilities) in ac- quired for the Lava Hot Springs restoration (xii) S. 34°34′20″ E. 475.00 feet; thence cordance with subsection (b), or if work in con- project in Idaho, and acquired by the non-Fed- (xiii) S. 32°20′28″ E. 254.18 feet; thence nection with any activity authorized under sub- eral interest before execution of the project co- (xiv) S. 52°55′49″ E. 964.95 feet; thence section (b) is not commenced by the date that is operation agreement: Provided, That the Sec- (xv) S. 56°24′40″ E. 366.60 feet; thence 5 years after the date on which permits for the retary shall provide credit for work only if the (xvi) S. 80°31′50″ E. 100.51 feet; thence work are issued, the designation of nonnaviga- Secretary determines such work to be integral to (xvii) N. 75°30′00″ E. 120.00 feet; thence bility under subsection (a)(1) for that area or the project. (xviii) N. 53°09′00″ E. 486.50 feet; thence portion of an area shall terminate. SEC. 105. Of the funds provided under title I, (xix) N. 81°18′00″ E. 132.00 feet; thence SEC. 110. NOME HARBOR TECHNICAL CORREC- $15,500,000 shall be available for the Demonstra- (xx) S. 56°35′00″ E. 115.11 feet; thence TIONS. Section 101(a)(1) of Public Law 106–53 tion Erosion Control project, Mississippi. (xxi) S. 42°00′00″ E. 271.00 feet; thence SEC. 106. Of the funds made available under (xxii) S. 48°30′00″ E. 287.13 feet to a point in (the Water Resources Development Act of 1999) Operations and Maintenance, a total of the Northwesterly line of Grove Avenue (59.75 is amended by— $3,000,000 may be made available for Perry feet wide); thence (1) striking ‘‘$25,651,000’’ and inserting in its Lake, Kansas. (xxiii) S. 23°09′50″ W. 4120.49 feet; thence place ‘‘$39,000,000’’; and SEC. 107. GUADALUPE RIVER, CALIFORNIA. The (xxiv) N. 66°50′10″ W. 251.78 feet; thence (2) striking ‘‘$20,192,000’’ and inserting in its project for flood control, Guadalupe River, Cali- (xxv) S. 36°05′20″ E. 228.64 feet; thence place ‘‘$33,541,000’’. fornia, authorized by section 401 of the Water (xxvi) S. 58°53′00″ W. 1158.36 feet to a point in SEC. 111. The Secretary of the Army shall not Resources Development Act of 1986, and the En- the Southwesterly line of said River Lane; accept or solicit non-Federal voluntary con- ergy and Water Development Appropriation thence tributions for shore protection work in excess of Acts of 1990 and 1992, is modified to authorize (xxvii) S. 41°31′35″ E. 113.50 feet; thence the minimum requirements established by law; the Secretary to construct the project substan- (xxviii) S. 61°28′35″ W. 863.52 feet to the point except that, when voluntary contributions are tially in accordance with the General Reevalua- of beginning. tendered by a non-Federal sponsor for the pros- tion and Environmental Report for Proposed (C)(i) Except as provided in clause (ii), begin- ecution of work outside the authorized scope of Project Modifications, dated February 2001, at a ning at a point in the centerline of Church the Federal project at full non-Federal expense, total cost of $226,800,000, with an estimated Fed- Street (49.50 feet wide) where the same is inter- the Secretary is authorized to accept said con- eral cost of $128,700,000, and estimated non-Fed- sected by the curved northerly line of Pennsyl- tributions. eral cost of $98,100,000. vania-Reading Seashore Lines Railroad right- SEC. 112. Section 211 of the Water Resources SEC. 108. Of the funds provided under Oper- of-way (66.00 feet wide), along that Railroad, on and Development Act of 2000 (P.L. 106–541; 114 ations and Maintenance for McKlellan-Kerr, a curve to the left, having a radius of 1465.69 Stat. 2592–2593) is amended by adding the fol- Arkansas River Navigation System dredging, feet, an arc distance of 1132.14 feet— lowing language at the end of subsection (d): $22,338,000 is provided: Provided, That of that (I) N. 88°45′47″ W. 1104.21 feet; thence ‘‘(3) ENGINEERING RESEARCH AND DEVELOP- amount, $1,000,000 shall be for dredging on the (II) S. 69°06′30″ W. 1758.95 feet; thence MENT CENTER.—The Engineering Research and Arkansas River for maintenance dredging at the (III) N. 23°04′43″ W. 600.19 feet; thence Development Center is exempt from the require- authorized depth. (IV) N. 19°15′32″ W. 3004.57 feet; thence ments of this section.’’. SEC. 109. DESIGNATION OF NONNAVIGABILITY (V) N. 44°52′41″ W. 897.74 feet; thence SEC. 113. Section 514(g) of the Water Re- FOR PORTIONS OF GLOUCESTER COUNTY, NEW (VI) N. 32°26′05″ W. 2765.99 feet to a point in sources and Development Act of 1999 (113 Stat. JERSEY. (a) DESIGNATION.— the Pierhead and Bulkhead Line along the 343) is amended by striking ‘‘fiscal years 2000 (1) IN GENERAL.—The Secretary of the Army Southeasterly shore of the Delaware River; and 2001’’ and inserting in lieu thereof ‘‘fiscal (referred to in section as the ‘‘Secretary’’) shall thence years 2000 through 2002’’. designate as nonnavigable the areas described (VII) N. 53°37′05″ E. 2770.00 feet; thence SEC. 114. (a)(1) Not later than December 31, in paragraph (3) unless the Secretary, after con- (VIII) S. 36°22′55″ E. 870.00 feet; thence 2001, the Secretary shall investigate the flood sultation with local and regional public officials (IX) S. 57°04′39″ E. 481.04 feet; thence control project for Fort Fairfield, Maine, au- (including local and regional planning organi- (X) S. 35°33′54″ E. 975.59 feet; thence thorized under section 205 of the Flood Control zations), makes a determination that 1 or more (XI) S. 27°56′37″ E. 3674.36 feet; thence Act of 1948 (33 U.S.C. 701s); and July 20, 2001 CONGRESSIONAL RECORD — SENATE S8027

(2) determine whether the Secretary is respon- WATER AND RELATED RESOURCES and/or grants, $280,000, to remain available sible for a design deficiency in the project relat- (INCLUDING TRANSFER OF FUNDS) until expended: Provided, That of the total sums ing to the interference of ice with pump oper- For management, development, and restora- appropriated, the amount of program activities ation. tion of water and related natural resources and that can be financed by the Reclamation Fund (b) If the Secretary determines under sub- for related activities, including the operation, shall be derived from that Fund. section (a) that the Secretary is responsible for maintenance and rehabilitation of reclamation CENTRAL VALLEY PROJECT RESTORATION FUND the design deficiency, the Secretary shall correct and other facilities, participation in fulfilling For carrying out the programs, projects, the design deficiency, including the cost of de- related Federal responsibilities to Native Ameri- plans, and habitat restoration, improvement, sign and construction, at 100 percent Federal cans, and related grants to, and cooperative and and acquisition provisions of the Central Valley expense. other agreements with, State and local govern- Project Improvement Act, $55,039,000, to be de- SEC. 115. The Corps of Engineers is urged to ments, Indian tribes, and others, $732,496,000, to rived from such sums as may be collected in the proceed with design of the Section 205 Mad remain available until expended, of which Central Valley Project Restoration Fund pursu- Creek Flood Control Project in Iowa. $4,000,000 shall be available for the West River/ ant to sections 3407(d), 3404(c)(3), 3405(f), and SEC. 116. CERRILLOS DAM, PUERTO RICO. The Lyman-Jones Rural Water System to provide 3406(c)(1) of Public Law 102–575, to remain Secretary of the Army shall reassess the alloca- rural, municipal, and industrial drinking water available until expended: Provided, That the tion of Federal and non-Federal costs for con- for Philip, South Dakota, in accordance with Bureau of Reclamation is directed to assess and struction of the Cerrillos Dam, carried out as the Mni Wiconi Project Act of 1988 (102 Stat. collect the full amount of the additional mitiga- part of the project for flood control, Portugues 2566; 108 Stat. 4539), of which $14,649,000 shall tion and restoration payments authorized by and Bucana Rivers, Puerto Rico. be available for transfer to the Upper Colorado section 3407(d) of Public Law 102–575. SEC. 117. RARITAN RIVER BASIN, GREEN BROOK River Basin Fund and $31,442,000 shall be avail- POLICY AND ADMINISTRATION SUBBASIN, NEW JERSEY. The Secretary of the able for transfer to the Lower Colorado River For necessary expenses of policy, administra- Army shall implement, with a Federal share of Basin Development Fund; of which such tion, and related functions in the office of the 75 percent and a non-Federal share of 25 per- amounts as may be necessary may be advanced Commissioner, the Denver office, and offices in cent, a buyout plan in the western portion of to the Colorado River Dam Fund; of which the five regions of the Bureau of Reclamation, Middlesex Borough, located in the Green Brook $8,000,000 shall be for on-reservation water de- to remain available until expended, $52,968,000, subbasin of the Raritan River basin, New Jer- velopment, feasibility studies, and related ad- to be derived from the Reclamation Fund and be sey, that includes— ministrative costs under Public Law 106–163; of nonreimbursable as provided in 43 U.S.C. 377: (1) the buyout of not to exceed 10 single-fam- which not more than 25 percent of the amount Provided, That no part of any other appropria- ily residences; provided for drought emergency assistance may tion in this Act shall be available for activities (2) floodproofing of not to exceed 4 commercial be used for financial assistance for the prepara- or functions budgeted as policy and administra- buildings located along Prospect Place or Union tion of cooperative drought contingency plans tion expenses. Avenue; and under title II of Public Law 102–250; and of ADMINISTRATIVE PROVISION (3) the buyout of not to exceed 3 commercial which not more than $500,000 is for high priority Appropriations for the Bureau of Reclamation buildings located along Raritan Avenue or Lin- projects which shall be carried out by the Youth shall be available for purchase of not to exceed coln Avenue. Conservation Corps, as authorized by 16 U.S.C. four passenger motor vehicles for replacement 1706: Provided, That such transfers may be in- SEC. 118. STUDY OF CORPS CAPABILITY TO only. creased or decreased within the overall appro- CONSERVE FISH AND WILDLIFE. Section 704(b) of GENERAL PROVISIONS priation under this heading: Provided further, the Water Resources Development Act of 1986 That of the total appropriated, the amount for DEPARTMENT OF THE INTERIOR (33 U.S.C. 2263(b)) is amended— program activities that can be financed by the SEC. 201. None of the funds appropriated or (1) by redesignating paragraphs (1), (2), (3), Reclamation Fund or the Bureau of Reclama- otherwise made available by this or any other and (4) as subparagraphs (A), (B), (C), and (D), tion special fee account established by 16 U.S.C. Act may be used to pay the salaries and ex- respectively; 460l–6a(i) shall be derived from that Fund or ac- penses of personnel to purchase or lease water (2) by striking ‘‘(b) The Secretary’’ and insert- count: Provided further, That funds contributed in the Middle Rio Grande or the Carlsbad ing the following: under 43 U.S.C. 395 are available until expended Projects in New Mexico unless said purchase or ‘‘(b) PROJECTS.— for the purposes for which contributed: Provided lease is in compliance with the purchase re- ‘‘(1) IN GENERAL.—The Secretary’’; and further, That funds advanced under 43 U.S.C. quirements of section 202 of Public Law 106–60. (3) by striking ‘‘The non-Federal share of the 397a shall be credited to this account and are SEC. 202. Funds under this title for Drought cost of any project under this section shall be 25 available until expended for the same purposes Emergency Assistance shall be made available percent.’’ and inserting the following: as the sums appropriated under this heading: primarily for leasing of water for specified ‘‘(2) COST SHARING.— Provided further, That funds available for ex- drought related purposes from willing lessors, in ‘‘(A) IN GENERAL.—The non-Federal share of penditure for the Departmental Irrigation compliance with existing State laws and admin- the cost of any project under this subsection Drainage Program may be expended by the Bu- istered under State water priority allocation. shall be 25 percent. reau of Reclamation for site remediation on a Such leases may be entered into with an option ‘‘(B) FORM.—The non-Federal share may be non-reimbursable basis: Provided further, That to purchase: Provided, That such purchase is provided through in-kind services, including the section 301 of Public Law 102–250, Reclamation approved by the State in which the purchase provision by the non-Federal interest of shell States Emergency Drought Relief Act of 1991, as takes place and the purchase does not cause stock material that is determined by the Chief of amended, is amended further by inserting ‘‘2001, economic harm within the State in which the Engineers to be suitable for use in carrying out and 2002’’ in lieu of ‘‘and 2001’’: Provided fur- purchase is made. the project. ther, That of the funds provided herein, SEC. 203. The Secretary of the Interior is au- ‘‘(C) APPLICABILITY.—The non-Federal inter- $1,000,000 may be used to complete the Hopi/ thorized and directed to use not to exceed est shall be credited with the value of in-kind Western Navajo Water Development Plan, Ari- $1,000,000 of the funds appropriated under title services provided on or after October 1, 2000, for zona: Provided further, That using $500,000 of II to refund amounts received by the United a project described in paragraph (1) completed the funds provided herein, shall be available to States as payments for charges assessed by the on or after that date, if the Secretary determines begin design activities related to installation of Secretary prior to January 1, 1994 for failure to that the work is integral to the project. electric irrigation water pumps at the Savage file certain certification or reporting forms prior TITLE II Rapids Dam on the Rogue River, Oregon: Pro- to the receipt of irrigation water, pursuant to vided further, That of such funds, not more sections 206 and 224(c) of the Reclamation Re- DEPARTMENT OF THE INTERIOR than $1,500,000 shall be available to the Sec- form Act of 1982 (96 Stat. 1226, 1272; 43 U.S.C. CENTRAL UTAH PROJECT retary for completion of a feasibility study for 390ff, 390ww(c)), including the amount of asso- CENTRAL UTAH PROJECT COMPLETION ACCOUNT the Santa Fe Regional Water System, New Mex- ciated interest assessed by the Secretary and For carrying out activities authorized by the ico: Provided further, That the study shall be paid to the United States pursuant to section Central Utah Project Completion Act, completed by September 30, 2002. 224(i) of the Reclamation Reform Act of 1982 (101 $34,918,000, to remain available until expended, BUREAU OF RECLAMATION LOAN PROGRAM Stat. 1330–268; 43 U.S.C. 390ww(i)). of which $10,749,000 shall be deposited into the ACCOUNT SEC. 204. LOWER COLORADO RIVER BASIN DE- Utah Reclamation Mitigation and Conservation For the cost of direct loans and/or grants, VELOPMENT FUND. (a) IN GENERAL.—Notwith- Account of the Central Utah Project Completion $7,215,000, to remain available until expended, standing section 403(f) of the Colorado River Act and shall be available to carry out activities as authorized by the Small Reclamation Projects Basin Project Act (43 U.S.C. 1543(f)), no amount authorized under that Act. Act of August 6, 1956, as amended (43 U.S.C. from the Lower Colorado River Basin Develop- ment Fund shall be paid to the general fund of In addition, for necessary expenses incurred 422a–422l): Provided, That such costs, including the Treasury until each provision of the Stipu- in carrying out related responsibilities of the the cost of modifying such loans, shall be as de- lation Regarding a Stay and for Ultimate Judg- Secretary of the Interior, $1,310,000, to remain fined in section 502 of the Congressional Budget ment Upon the Satisfaction of Conditions, filed available until expended. Act of 1974, as amended: Provided further, That these funds are available to subsidize gross obli- in United States district court on May 3, 2000, in BUREAU OF RECLAMATION gations for the principal amount of direct loans Central Arizona Water Conservation District v. The following appropriations shall be ex- not to exceed $26,000,000. United States (No. CIV 95–625–TUC–WDB pended to execute authorized functions of the In addition, for administrative expenses nec- (EHC), No. CIV 95–1720–OHX–EHC (Consoli- Bureau of Reclamation: essary to carry out the program for direct loans dated Action)) is met. S8028 CONGRESSIONAL RECORD — SENATE July 20, 2001

(b) PAYMENT TO GENERAL FUND.—If any of the cility or for plant or facility acquisition, con- partment of Energy Organization Act (42 U.S.C. provisions of the stipulation referred to in sub- struction or expansion, $228,553,000, to remain 7101 et seq.), including the hire of passenger section (a) is not met by the date that is 3 years available until expended. motor vehicles and official reception and rep- after the date of enactment of this Act, pay- URANIUM FACILITIES MAINTENANCE AND resentation expenses (not to exceed $35,000), ments to the general fund of the Treasury shall REMEDIATION $208,948,000, to remain available until expended, resume in accordance with section 403(f) of the (INCLUDING TRANSFER OF FUNDS) plus such additional amounts as necessary to Colorado River Basin Project Act (43 U.S.C. For necessary expenses to maintain, decon- cover increases in the estimated amount of cost 1543(f)). taminate, decommission, and otherwise reme- of work for others notwithstanding the provi- (c) AUTHORIZATION.—Amounts in the Lower diate uranium processing facilities, $408,725,000, sions of the Anti-Deficiency Act (31 U.S.C. 1511 Colorado River Basin Development Fund that of which $287,941,000 shall be derived from the et seq.): Provided, That such increases in cost of but for this section would be returned to the Uranium Enrichment Decontamination and De- work are offset by revenue increases of the same general fund of the Treasury shall not be ex- commissioning Fund, all of which shall remain or greater amount, to remain available until ex- pended until further Act of Congress. available until expended. pended: Provided further, That moneys received SEC. 205. (a) None of the funds appropriated by the Department for miscellaneous revenues SCIENCE or otherwise made available by this Act may be estimated to total $137,810,000 in fiscal year 2002 used to determine the final point of discharge For Department of Energy expenses including may be retained and used for operating expenses for the interceptor drain for the San Luis Unit the purchase, construction and acquisition of within this account, and may remain available until development by the Secretary of the Inte- plant and capital equipment, and other ex- until expended, as authorized by section 201 of rior and the State of California of a plan, which penses necessary for science activities in car- Public Law 95–238, notwithstanding the provi- shall conform to the water quality standards of rying out the purposes of the Department of En- sions of 31 U.S.C. 3302: Provided further, That the State of California as approved by the Ad- ergy Organization Act (42 U.S.C. 7101 et seq.), the sum herein appropriated shall be reduced by ministrator of the Environmental Protection including the acquisition or condemnation of the amount of miscellaneous revenues received Agency, to minimize any detrimental effect of any real property or facility or for plant or fa- during fiscal year 2002 so as to result in a final the San Luis drainage waters. cility acquisition, construction, or expansion, fiscal year 2002 appropriation from the General (b) The costs of the Kesterson Reservoir and purchase of not to exceed 25 passenger Fund estimated at not more than $71,138,000. motor vehicles for replacement only, Cleanup Program and the costs of the San Joa- OFFICE OF THE INSPECTOR GENERAL quin Valley Drainage Program shall be classi- $3,268,816,000, to remain available until ex- For necessary expenses of the Office of the In- fied by the Secretary of the Interior as reimburs- pended: Provided, That within the funds pro- spector General in carrying out the provisions of able or nonreimbursable and collected until vided, molecular nuclear medicine research shall the Inspector General Act of 1978, as amended, fully repaid pursuant to the ‘‘Cleanup Program- be continued at not less than the fiscal year 2001 $30,000,000, to remain available until expended. Alternative Repayment Plan’’ described in the funding level. report entitled ‘‘Repayment Report, Kesterson NUCLEAR WASTE DISPOSAL ATOMIC ENERGY DEFENSE ACTIVITIES Reservoir Cleanup Program and San Joaquin For nuclear waste disposal activities to carry NATIONAL NUCLEAR SECURITY ADMINISTRATION Valley Drainage Program, February 1995’’, pre- out the purposes of Public Law 97–425, as WEAPONS ACTIVITIES pared by the Department of the Interior, Bureau amended, including the acquisition of real prop- For Department of Energy expenses, including of Reclamation. Any future obligations of funds erty or facility construction or expansion, the purchase, construction and acquisition of by the United States relating to, or providing $25,000,000, to remain available until expended plant and capital equipment and other inci- for, drainage service or drainage studies for the and to be derived from the Nuclear Waste Fund: dental expenses necessary for atomic energy de- San Luis Unit shall be fully reimbursable by Provided, That $2,500,000 shall be provided to fense weapons activities in carrying out the pur- San Luis Unit beneficiaries of such service or the State of Nevada solely for expenditures, poses of the Department of Energy Organization studies pursuant to Federal reclamation law. other than salaries and expenses of State em- Act (42 U.S.C. 7101 et seq.), including the acqui- SEC. 206. The Secretary of the Interior, in ac- ployees, to conduct scientific oversight respon- sition or condemnation of any real property or cepting payments for the reimbursable expenses sibilities pursuant to the Nuclear Waste Policy any facility or for plant or facility acquisition, incurred for the replacement, repair, and ex- Act of 1982, Public Law 97–425, as amended: construction, or expansion; and the purchase of traordinary maintenance with regard to the Provided further, That $6,000,000 shall be pro- passenger motor vehicles (not to exceed 11 for re- Valve Rehabilitation Project at the Arrowrock vided to affected units of local governments, as placement only), $6,062,891,000, to remain avail- Dam on the Arrowrock Division of the Boise defined in Public Law 97–425, to conduct appro- able until expended: Provided, That, $30,000,000 Project in Idaho, shall recover no more than priate activities pursuant to the Act: Provided shall be utilized for technology partnerships $6,900,000 of such expenses according to the ap- further, That the distribution of the funds as supportive of the National Nuclear Security Ad- plication of the current formula for charging determined by the units of local government ministration missions and $3,000,000 shall be uti- users for reimbursable operation and mainte- shall be approved by the Department of Energy: lized at the NNSA laboratories for support of nance expenses at Bureau of Reclamation facili- Provided further, That the funds for the State small business interactions including technology ties on the Boise Project, and shall recover this of Nevada shall be made available solely to the clusters relevant to laboratory missions: Pro- portion of such expenses over a period of 15 Nevada Division of Emergency Management by vided further, That $1,000,000 shall be made years. direct payment and units of local government by available for community reuse organizations TITLE III direct payment: Provided further, That within within the Office of Worker and Community DEPARTMENT OF ENERGY 90 days of the completion of each Federal fiscal Transition. year, the Nevada Division of Emergency Man- ENERGY PROGRAMS DEFENSE NUCLEAR NONPROLIFERATION agement and the Governor of the State of Ne- For Department of Energy expenses, including ENERGY SUPPLY vada and each local entity shall provide certifi- the purchase, construction and acquisition of For Department of Energy expenses including cation to the Department of Energy that all plant and capital equipment and other inci- the purchase, construction and acquisition of funds expended from such payments have been dental expenses necessary for atomic energy de- plant and capital equipment, and other ex- expended for activities authorized by Public fense, Defense Nuclear Nonproliferation activi- penses necessary for energy supply, and ura- Law 97–425 and this Act. Failure to provide ties, in carrying out the purposes of the Depart- nium supply and enrichment activities in car- such certification shall cause such entity to be ment of Energy Organization Act (42 U.S.C. 7101 rying out the purposes of the Department of En- prohibited from any further funding provided et seq.), including the acquisition or condemna- ergy Organization Act (42 U.S.C. 7101 et seq.), for similar activities: Provided further, That tion of any real property or any facility or for including the acquisition or condemnation of none of the funds herein appropriated may be: plant or facility acquisition, construction, or ex- any real property or any facility or for plant or (1) used directly or indirectly to influence legis- pansion, $880,500,000, to remain available until facility acquisition, construction, or expansion; lative action on any matter pending before Con- expended: Provided, That not to exceed $7,000 and the purchase of not to exceed 17 passenger gress or a State legislature or for lobbying activ- may be used for official reception and represen- motor vehicles for replacement only, ity as provided in 18 U.S.C. 1913; (2) used for tation expenses for national security and non- $736,139,000, to remain available until expended, litigation expenses; or (3) used to support multi- proliferation (including transparency) activities of which not less than $3,000,000 shall be used State efforts or other coalition building activi- in fiscal year 2002. for the advanced test reactor research and de- ties inconsistent with the restrictions contained NAVAL REACTORS velopment upgrade initiative, and of which in this Act: Provided further, That all proceeds For Department of Energy expenses necessary $1,000,000 may be available for the Consortium and recoveries by the Secretary in carrying out for naval reactors activities to carry out the De- for Plant Biotechnology Research. activities authorized by the Nuclear Waste Pol- partment of Energy Organization Act (42 U.S.C. NON-DEFENSE ENVIRONMENTAL MANAGEMENT icy Act of 1982 in Public Law 97–425, as amend- 7101 et seq.), including the acquisition (by pur- For Department of Energy expenses, including ed, including but not limited to, any proceeds chase, condemnation, construction, or other- the purchase, construction and acquisition of from the sale of assets, shall be available with- wise) of real property, plant, and capital equip- plant and capital equipment and other expenses out further appropriation and shall remain ment, facilities, and facility expansion, necessary for non-defense environmental man- available until expended. $688,045,000, to remain available until expended. agement activities in carrying out the purposes DEPARTMENTAL ADMINISTRATION OFFICE OF THE ADMINISTRATOR of the Department of Energy Organization Act For salaries and expenses of the Department For necessary expenses of the Office of the (42 U.S.C. 7101 et seq.), including the acquisition of Energy necessary for departmental adminis- Administrator of the National Nuclear Security or condemnation of any real property or any fa- tration in carrying out the purposes of the De- Administration, including official reception and July 20, 2001 CONGRESSIONAL RECORD — SENATE S8029 representation expenses (not to exceed $15,000), Southeastern Power Administration pursuant to nance Fund of the Western Area Power Admin- $15,000,000, to remain available until expended. the Flood Control Act to recover purchase power istration, as provided in section 423 of the For- OTHER DEFENSE RELATED ACTIVITIES and wheeling expenses shall be credited to this eign Relations Authorization Act, Fiscal Years account as offsetting collections, to remain 1994 and 1995. DEFENSE ENVIRONMENTAL RESTORATION AND available until expended for the sole purpose of WASTE MANAGEMENT FEDERAL ENERGY REGULATORY COMMISSION making purchase power and wheeling expendi- SALARIES AND EXPENSES For Department of Energy expenses, including tures. the purchase, construction and acquisition of For necessary expenses of the Federal Energy plant and capital equipment and other expenses OPERATION AND MAINTENANCE, SOUTHWESTERN Regulatory Commission to carry out the provi- necessary for atomic energy defense environ- POWER ADMINISTRATION sions of the Department of Energy Organization mental restoration and waste management ac- For necessary expenses of operation and Act (42 U.S.C. 7101 et seq.), including services as tivities in carrying out the purposes of the De- maintenance of power transmission facilities authorized by 5 U.S.C. 3109, the hire of pas- partment of Energy Organization Act (42 U.S.C. and of marketing electric power and energy, and senger motor vehicles, and official reception and 7101 et seq.), including the acquisition or con- for construction and acquisition of transmission representation expenses (not to exceed $3,000), demnation of any real property or any facility lines, substations and appurtenant facilities, $187,155,000, to remain available until expended: or for plant or facility acquisition, construction, and for administrative expenses, including offi- Provided, That notwithstanding any other pro- or expansion; and the purchase of 30 passenger cial reception and representation expenses in an vision of law, not to exceed $187,155,000 of reve- motor vehicles, of which 27 shall be for replace- amount not to exceed $1,500 in carrying out the nues from fees and annual charges, and other ment only, $5,389,868,000, to remain available provisions of section 5 of the Flood Control Act services and collections in fiscal year 2002 shall until expended. of 1944 (16 U.S.C. 825s), as applied to the south- be retained and used for necessary expenses in DEFENSE FACILITIES CLOSURE PROJECTS western power area, $28,038,000, to remain avail- this account, and shall remain available until able until expended; in addition, notwith- expended: Provided further, That the sum here- For expenses of the Department of Energy to standing the provisions of 31 U.S.C. 3302, not to in appropriated from the General Fund shall be accelerate the closure of defense environmental exceed $5,200,000 in reimbursements, to remain reduced as revenues are received during fiscal management sites, including the purchase, con- available until expended: Provided, That up to year 2002 so as to result in a final fiscal year struction and acquisition of plant and capital $1,512,000 collected by the Southwestern Power 2002 appropriation from the General Fund esti- equipment and other necessary expenses, Administration pursuant to the Flood Control mated at not more than $0: Provided further, $1,080,538,000, to remain available until ex- Act to recover purchase power and wheeling ex- That the Commission is authorized to hire an pended. penses shall be credited to this account as off- additional 10 senior executive service positions. DEFENSE ENVIRONMENTAL MANAGEMENT setting collections, to remain available until ex- GENERAL PROVISIONS PRIVATIZATION pended for the sole purpose of making purchase DEPARTMENT OF ENERGY For Department of Energy expenses for privat- power and wheeling expenditures. SEC. 301. (a) None of the funds appropriated ization projects necessary for atomic energy de- CONSTRUCTION, REHABILITATION, OPERATION AND by this Act may be used to award a management fense environmental management activities au- MAINTENANCE, WESTERN AREA POWER ADMINIS- and operating contract unless such contract is thorized by the Department of Energy Organiza- TRATION awarded using competitive procedures or the tion Act (42 U.S.C. 7101 et seq.), $157,537,000, to For carrying out the functions authorized by Secretary of Energy grants, on a case-by-case remain available until expended. title III, section 302(a)(1)(E) of the Act of Au- basis, a waiver to allow for such a deviation. OTHER DEFENSE ACTIVITIES gust 4, 1977 (42 U.S.C. 7152), and other related The Secretary may not delegate the authority to activities including conservation and renewable For Department of Energy expenses, including grant such a waiver. resources programs as authorized, including of- the purchase, construction and acquisition of (b) At least 60 days before a contract award, ficial reception and representation expenses in plant and capital equipment and other expenses amendment, or modification for which the Sec- an amount not to exceed $1,500, $169,465,000, to necessary for atomic energy defense, other de- retary intends to grant such a waiver, the Sec- remain available until expended, of which fense activities, in carrying out the purposes of retary shall submit to the Subcommittees on En- $163,951,000 shall be derived from the Depart- the Department of Energy Organization Act (42 ergy and Water Development of the Committees ment of the Interior Reclamation Fund: Pro- U.S.C. 7101 et seq.), including the acquisition or on Appropriations of the House of Representa- vided, That of the amount herein appropriated, condemnation of any real property or any facil- tives and the Senate a report notifying the sub- $6,091,000 is for deposit into the Utah Reclama- ity or for plant or facility acquisition, construc- committees of the waiver and setting forth the tion Mitigation and Conservation Account pur- tion, or expansion, $564,168,000, to remain avail- reasons for the waiver. suant to title IV of the Reclamation Projects Au- able until expended. SEC. 302. None of the funds appropriated by thorization and Adjustment Act of 1992: Pro- DEFENSE NUCLEAR WASTE DISPOSAL this Act may be used to— vided further, That up to $152,624,000 collected For nuclear waste disposal activities to carry (1) develop or implement a workforce restruc- by the Western Area Power Administration pur- out the purposes of Public Law 97–425, as turing plan that covers employees of the Depart- suant to the Flood Control Act of 1944 and the amended, including the acquisition of real prop- ment of Energy; or Reclamation Project Act of 1939 to recover pur- erty or facility construction or expansion, (2) provide enhanced severance payments or chase power and wheeling expenses shall be $250,000,000, to remain available until expended. other benefits for employees of the Department credited to this account as offsetting collections, of Energy, POWER MARKETING ADMINISTRATIONS to remain available until expended for the sole under section 3161 of the National Defense Au- BONNEVILLE POWER ADMINISTRATION FUND purpose of making purchase power and wheel- thorization Act for Fiscal Year 1993 (Public Law Expenditures from the Bonneville Power Ad- ing expenditures: Provided further, That of the 102–484; 106 Stat. 2644; 42 U.S.C. 7274h). ministration Fund, established pursuant to Pub- amount herein appropriated, not less than SEC. 303. None of the funds appropriated by lic Law 93–454, are approved for official recep- $200,000 shall be provided for corridor review this Act may be used to augment the $20,000,000 tion and representation expenses in an amount and environmental review required for construc- made available for obligation by this Act for sev- not to exceed $1,500. For the purposes of appro- tion of a 230 kv transmission line between erance payments and other benefits and commu- priating funds to assist in financing the con- Belfield and Hettinger, North Dakota: Provided nity assistance grants under section 3161 of the struction, acquisition, and replacement of the further, That these funds shall be nonreimburs- National Defense Authorization Act for Fiscal transmission system of the Bonneville Power able: Provided further, That these funds shall Year 1993 (Public Law 102–484; 106 Stat. 2644; 42 Administration up to $2,000,000,000 in borrowing be available until expended: Provided further, U.S.C. 7274h) unless the Department of Energy authority is authorized to be appropriated, sub- That within the amount herein appropriated submits a reprogramming request subject to ap- ject to subsequent annual appropriations, to re- not less than $200,000 shall be provided for the proval by the appropriate Congressional com- main outstanding at any given time: Provided, Western Area Power Administration to conduct mittees. That the obligation of such borrowing authority a technical analysis of the costs and feasibility SEC. 304. None of the funds appropriated by shall not exceed $0 in fiscal year 2002 and that of transmission expansion methods and tech- this Act may be used to prepare or initiate Re- the Bonneville Power Administration shall not nologies: Provided further, That WAPA shall quests For Proposals (RFPs) for a program if obligate more than $374,500,000 of its permanent publish a study by July 31, 2002 that contains the program has not been funded by Congress. recommendations of the most cost-effective borrowing in fiscal year 2002. (TRANSFERS OF UNEXPENDED BALANCES) methods and technologies to enhance electricity OPERATION AND MAINTENANCE, SOUTHEASTERN SEC. 305. The unexpended balances of prior transmission from lignite and wind energy: Pro- POWER ADMINISTRATION appropriations provided for activities in this Act vided further, That these funds shall be non- For necessary expenses of operation and may be transferred to appropriation accounts reimbursable: Provided further, That these maintenance of power transmission facilities for such activities established pursuant to this funds shall be available until expended. and of marketing electric power and energy, in- title. Balances so transferred may be merged cluding transmission wheeling and ancillary FALCON AND AMISTAD OPERATING AND with funds in the applicable established ac- services, pursuant to the provisions of section 5 MAINTENANCE FUND counts and thereafter may be accounted for as of the Flood Control Act of 1944 (16 U.S.C. 825s), For operation, maintenance, and emergency one fund for the same time period as originally as applied to the southeastern power area, costs for the hydroelectric facilities at the Fal- enacted. $4,891,000, to remain available until expended; con and Amistad Dams, $2,663,000, to remain SEC. 306. Of the funds in this Act or any other in addition, notwithstanding the provisions of available until expended, and to be derived from Act provided to government-owned, contractor- 31 U.S.C. 3302, up to $8,000,000 collected by the the Falcon and Amistad Operating and Mainte- operated laboratories, not to exceed 6 percent S8030 CONGRESSIONAL RECORD — SENATE July 20, 2001 shall be available to be used for Laboratory Di- Environmental Management and the head of tion of plant and capital equipment as nec- rected Research and Development. the Paducah Gaseous Diffusion Plant on the essary and other expenses, $40,000,000, to remain SEC. 307. None of the funds in this Act may be matters covered by that subsection. available until expended. used to dispose of transuranic waste in the (2) The Assistant Secretary shall carry out ac- NUCLEAR REGULATORY COMMISSION Waste Isolation Pilot Plant which contains con- tivities under this section in direct consultation SALARIES AND EXPENSES centrations of plutonium in excess of 20 percent with the head of the Paducah Gaseous Diffu- by weight for the aggregate of any material cat- sion Plant. For necessary expenses of the Commission in egory on the date of enactment of this Act, or is SEC. 314. (a) The Senate finds that: carrying out the purposes of the Energy Reorga- generated after such date. For the purposes of (1) The Department of Energy’s Yucca Moun- nization Act of 1974, as amended, and the Atom- this section, the material categories of trans- tain program has been one of the most intensive ic Energy Act of 1954, as amended, including of- uranic waste at the Rocky Flats Environmental scientific investigations in history. ficial representation expenses (not to exceed (2) Significant milestones have been met, in- Technology Site include: (1) ash residues; (2) $15,000), and purchase of promotional items for cluding the recent release of the Science and salt residues; (3) wet residues; (4) direct repack- use in the recruitment of individuals for employ- Engineering Report, and others are due in the age residues; and (5) scrub alloy as referenced in ment, $516,900,000, to remain available until ex- near future including the Final Site Suitability the ‘‘Final Environmental Impact Statement on pended: Provided, That of the amount appro- Evaluation. Management of Certain Plutonium Residues priated herein, $23,650,000 shall be derived from (3) Nuclear power presently provides 20 per- the Nuclear Waste Fund: Provided further, That and Scrub Alloy Stored at the Rocky Flats Envi- cent of the electricity generated in the United ronmental Technology Site’’. revenues from licensing fees, inspection services, States. and other services and collections estimated at SEC. 308. The Administrator of the National (4) A decision on how to dispose of spent nu- Nuclear Security Administration may authorize $468,248,000 in fiscal year 2002 shall be retained clear fuel and high level radioactive waste is es- and used for necessary salaries and expenses in the plant manager of a covered nuclear weapons sential to the future of nuclear power in the production plant to engage in research, develop- this account, notwithstanding 31 U.S.C. 3302, United States. and shall remain available until expended: Pro- ment, and demonstration activities with respect (5) Any decision on how to dispose of spent vided further, That, $700,000 of the funds herein to the engineering and manufacturing capabili- nuclear fuel and high level radioactive waste appropriated for regulatory reviews and other ties at such plant in order to maintain and en- must be based on sound science and it is critical assistance to Federal agencies and States shall hance such capabilities at such plant: Provided, that the Federal Government provide adequate be excluded from license fee revenues, notwith- That of the amount allocated to a covered nu- funding to ensure the availability of such standing 42 U.S.C. 2214: Provided further, That clear weapons production plant each fiscal year science in a timely manner to allow fully in- the sum herein appropriated shall be reduced by from amounts available to the Department of formed decisions to be made in accordance with the amount of revenues received during fiscal Energy for such fiscal year for national security the statutorily mandated process. programs, not more than an amount equal to 2 (b) It is the sense of the Senate that the con- year 2002 so as to result in a final fiscal year percent of such amount may be used for these ferees on the part of the Senate should ensure 2002 appropriation estimated at not more than activities: Provided further, That for purposes that the levels of funding included in the Senate $48,652,000: Provided further, That, notwith- of this section, the term ‘‘covered nuclear weap- bill for the Yucca Mountain program are in- standing any other provision of law, no funds ons production plant’’ means the following: creased to an amount closer to that included in made available under this or any other Act may (1) The Kansas City Plant, Kansas City, Mis- the House-passed version of the bill to ensure be expended by the Commission to implement or souri. that a determination on the disposal of spent enforce 10 C.F.R. Part 35, as adopted by the (2) The Y–12 Plant, Oak Ridge, Tennessee. nuclear fuel and high level radioactive waste Commission on October 23, 2000. (3) The Pantex Plant, Amarillo, Texas. can be concluded in accordance with the statu- OFFICE OF INSPECTOR GENERAL (4) The Savannah River Plant, South Caro- torily mandated process. For necessary expenses of the Office of In- lina. SEC. 315. The Department of Energy shall con- spector General in carrying out the provisions of SEC. 309. Notwithstanding any other law, and sult with the State of South Carolina regarding the Inspector General Act of 1978, as amended, without fiscal year limitation, each Federal any decisions or plans related to the disposition $5,500,000, to remain available until expended: Power Marketing Administration is authorized of surplus plutonium located at the Department Provided, That revenues from licensing fees, in- to engage in activities and solicit, undertake of Energy Savannah River Site. The Secretary spection services, and other services and collec- and review studies and proposals relating to the of Energy shall prepare not later than Sep- tions estimated at $5,280,000 in fiscal year 2002 formation and operation of a regional trans- tember 30, 2002, a plan for those facilities re- shall be retained and be available until ex- mission organization. quired to ensure the capability to dispose of pended, for necessary salaries and expenses in SEC. 310. The Administrator of the National such materials. this account notwithstanding 31 U.S.C. 3302: Nuclear Security Administration may authorize SEC. 316. PROHIBITION OF OIL AND GAS DRILL- Provided further, That the sum herein appro- the manager of the Nevada Operations Office to ING IN THE FINGER LAKES NATIONAL FOREST, priated shall be reduced by the amount of reve- engage in research, development, and dem- NEW YORK. No Federal permit or lease shall be nues received during fiscal year 2002 so as to re- onstration activities with respect to the develop- issued for oil or gas drilling in the Finger Lakes sult in a final fiscal year 2002 appropriation es- ment, test, and evaluation capabilities necessary National Forest, New York, during fiscal year timated at not more than $220,000. for operations and readiness of the Nevada Test 2002 or thereafter. NUCLEAR WASTE TECHNICAL REVIEW BOARD Site: Provided, That of the amount allocated to TITLE IV SALARIES AND EXPENSES the Nevada Operations Office each fiscal year INDEPENDENT AGENCIES from amounts available to the Department of For necessary expenses of the Nuclear Waste APPALACHIAN REGIONAL COMMISSION Energy for such fiscal year for national security Technical Review Board, as authorized by Pub- programs at the Nevada Test Site, not more than For expenses necessary to carry out the pro- lic Law 100–203, section 5051, $3,500,000, to be an amount equal to 2 percent of such amount grams authorized by the Appalachian Regional derived from the Nuclear Waste Fund, and to may be used for these activities. Development Act of 1965, as amended, notwith- remain available until expended. standing section 405 of said Act and for nec- SEC. 311. DEPLETED URANIUM HEXAFLUORIDE. TITLE V Section 1 of Public Law 105–204 is amended in essary expenses for the Federal Co-Chairman GENERAL PROVISIONS subsection (b)— and the alternate on the Appalachian Regional (1) by inserting ‘‘except as provided in sub- Commission, for payment of the Federal share of SEC. 501. None of the funds appropriated by section (c),’’ after ‘‘1321–349),’’; and the administrative expenses of the Commission, this Act may be used in any way, directly or in- (2) by striking ‘‘fiscal year 2002’’ and inserting including services as authorized by 5 U.S.C. directly, to influence congressional action on ‘‘fiscal year 2005’’. 3109, and hire of passenger motor vehicles, any legislation or appropriation matters pend- SEC. 312. (a) The Secretary of Energy shall $66,290,000, to remain available until expended. ing before Congress, other than to communicate conduct a study of alternative financing ap- DEFENSE NUCLEAR FACILITIES SAFETY BOARD to Members of Congress as described in section proaches, to include third-party-type methods, SALARIES AND EXPENSES 1913 of title 18, United States Code. for infrastructure and facility construction For necessary expenses of the Defense Nuclear SEC. 502. (a) PURCHASE OF AMERICAN-MADE projects across the Department of Energy. Facilities Safety Board in carrying out activities EQUIPMENT AND PRODUCTS.—It is the sense of (b) The study shall be completed and delivered authorized by the Atomic Energy Act of 1954, as the Congress that, to the greatest extent prac- to the House and Senate Committees on Appro- amended by Public Law 100–456, section 1441, ticable, all equipment and products purchased priations within 180 days of enactment. $18,500,000, to remain available until expended. with funds made available in this Act should be SEC. 313. (a) IN GENERAL.—The Secretary of American-made. DELTA REGIONAL AUTHORITY Energy shall provide for the management of en- (b) NOTICE REQUIREMENT.—In providing fi- vironmental matters (including planning and SALARIES AND EXPENSES nancial assistance to, or entering into any con- budgetary activities) with respect to the Padu- For necessary expenses of the Delta Regional tract with, any entity using funds made avail- cah Gaseous Diffusion Plant, Kentucky, Authority and to carry out its activities, as au- able in this Act, the head of each Federal agen- through the Assistant Secretary of Energy for thorized by the Delta Regional Authority Act of cy, to the greatest extent practicable, shall pro- Environmental Management. 2000, $20,000,000, to remain available until ex- vide to such entity a notice describing the state- (b) PARTICULAR REQUIREMENTS.—(1) In meet- pended. ment made in subsection (a) by the Congress. ing the requirement in subsection (a), the Sec- DENALI COMMISSION (c) PROHIBITION OF CONTRACTS WITH PERSONS retary shall provide for direct communication For expenses of the Denali Commission in- FALSELY LABELING PRODUCTS AS MADE IN between the Assistant Secretary of Energy for cluding the purchase, construction and acquisi- AMERICA.—If it has been finally determined by July 20, 2001 CONGRESSIONAL RECORD — SENATE S8031 a court or Federal agency that any person in- achieve this success at the end of the Senate completes its business today, it tentionally affixed a label bearing a ‘‘Made in week I think we have accomplished a adjourn until the hour of 2 o’clock on America’’ inscription, or any inscription with good deal. Monday, July 23. I further ask unani- the same meaning, to any product sold in or I thank the distinguished Republican mous consent that on Monday, imme- shipped to the United States that is not made in leader for his efforts in allowing this the United States, the person shall be ineligible diately following the prayer and the to receive any contract or subcontract made kind of accomplishment to be noted. I pledge, the Journal of proceedings be with funds made available in this Act, pursuant appreciate very much the hard work of approved to date, the morning hour be to the debarment, suspension, and ineligibility the Appropriations Committee and the deemed expired, the time for the two procedures described in sections 9.400 through appropriations subcommittees that leaders be reserved for their use later 9.409 of title 48, Code of Federal Regulations. were very involved in the work of this in the day, and the Senate be in a pe- This Act may be cited as the ‘‘Energy and week; that of Senator DOMENICI, the riod for morning business until 4 p.m. Water Development Appropriations Act, 2002’’. ranking member of the energy and with Senators permitted to speak for f water appropriations subcommittee, up to 10 minutes each, with the fol- and Senator REID in particular for his EXECUTIVE CALENDAR lowing exceptions: Senator KYL, or his outstanding leadership in bringing designee, from 2 p.m. until 3 p.m.; and Mr. DASCHLE. Madam President, as about the successful conclusion of his Senator BYRD, from 3 p.m. until 4 p.m.; in executive session, I now ask unani- URBIN bill. Senator D has done an out- and, further, that at 4 p.m. the Senate mous consent that the Agriculture standing job with his legislative branch resume consideration of H.R. 2299, the Committee be discharged from further appropriations bill. Transportation Appropriations Act. consideration of the following nomi- As my colleague just noted, so much The PRESIDING OFFICER. Without nees to be members of the board of di- work went into the supplemental ap- objection, it is so ordered. rectors of the Commodity Credit Cor- propriations bill. I am very pleased poration, and that they be placed on that Senator BYRD and Senator STE- f the Executive Calendar: Eric Bost, Wil- VENS once again were able to complete PROGRAM liam Hawks, Joseph Jen, James their work as expeditiously as they did. Mosely, and, J.B. Penn. I was contacted earlier today by the Mr. DASCHLE. Madam President, The PRESIDING OFFICER. Without Vice President who asked if we could Members of the Senate, on Monday the objection, it is so ordered. move this bill today. It was originally Senate will convene under this request The nominations are as follows: my intention to hold the bill over the at 2 p.m. with 2 hours of morning busi- weekend in order to give Senators DEPARTMENT OF AGRICULTURE ness. At 4 p.m, we will resume consid- more of a chance to examine the re- eration of the Transportation Appro- Eric M. Bost, of Texas, to be a Member of sults. The bill was just presented to us the Board of Directors of the Commodity priations Act. There will be no rollcall Credit Corporation. this morning. But in order to accom- votes until 5:45 p.m. on Monday. There William T. Hawks, of Mississippi, to be a modate a request by the administra- will be a rollcall vote at that time. I Member of the Board of Directors of the tion, we chose to take up the bill, given expect there could be additional roll- Commodity Credit Corporation. the fact that no one had made a re- call votes on Monday evening. Joseph J. Jen, of California, to be a Mem- quest for a rollcall vote. I thank my ber of the Board of Directors of the Com- colleagues for their cooperation in not f modity Credit Corporation. asking for a rollcall on this particular ADJOURNMENT UNTIL 2 P.M. James R. Moseley, of Indiana, to be a bill so we could move it ahead to ac- MONDAY, JULY 23, 2001 Member of the Board of Directors of the commodate the administration’s re- Commodity Credit Corporation. quest. Mr. DASCHLE. Madam President, if J.B. Penn, of Arkansas, to be a Member of I am also very pleased with the suc- there is no further business to come be- the Board of Directors of the Commodity Credit Corporation. cess we have had in confirming 23 addi- fore the Senate, I ask that the Senate tional nominations; as I said, including stand in adjournment under the pre- f 3 judicial nominees. That means that vious order. SENATE WORK in the last 2 weeks we have now con- Thereupon, the Senate, at 2:30 p.m., firmed 77 nominations. I don’t know Mr. DASCHLE. Madam President, adjourned until Monday, July 23, 2001, what kind of a record that is, but it has this is the end of the week. I thank my at 2 p.m. to be one of the largest numbers of ap- colleagues for the effort that has been pointments confirmed in the shortest f made to get as much accomplished as period of time. And we will continue to CONFIRMATIONS we were able to achieve. We passed the work at achieving just as impressive energy and water appropriations bill. results in the coming weeks. Executive nominations confirmed by We passed the legislative branch appro- Madam President, we have had a the Senate July 20, 2001: priations bill. We just now passed the good week. I look forward to a very THE JUDICIARY supplemental appropriations con- successful week again next week work- SAM E. HADDON, OF MONTANA, TO BE UNITED STATES ference report. We appointed conferees DISTRICT JUDGE FOR THE DISTRICT OF MONTANA. ing on, first, the Transportation appro- RICHARD F. CEBULL, OF MONTANA, TO BE UNITED to the bankruptcy reform legislation. priations bill, and, secondly, other STATES DISTRICT JUDGE FOR THE DISTRICT OF MON- We confirmed 23 nominations, includ- available appropriations bills, in addi- TANA. ing 3 judicial nominees this week. And tion, of course, to other nominations. DEPARTMENT OF JUSTICE we began consideration of the Trans- f RALPH F. BOYD, JR., OF MASSACHUSETTS, TO BE AN portation appropriations bill. ASSISTANT ATTORNEY GENERAL. ORDERS FOR MONDAY, JULY 23, EILEEN J. O’CONNOR, OF MARYLAND, TO BE AN ASSIST- While I wish we could have gone fur- ANT ATTORNEY GENERAL. 2001 ther with regard to our work on the THE JUDICIARY Transportation bill, I am pleased that Mr. DASCHLE. Madam President, I ROGER L. GREGORY, OF VIRGINIA, TO BE UNITED as a result of a bipartisan effort to ask unanimous consent that when the STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT. July 20, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1375 EXTENSIONS OF REMARKS

IN HONOR OF THE REPUBLIC OF sign hands-on projects, but also uses class I mean this great city, the District of Columbia, LATVIA discussion and physical demonstrations to our Nation’s Capital, and the Washington Re- allow us to not just study history, but experi- gion. Most of the tributes to Mrs. Graham HON. DENNIS J. KUCINICH ence it.’’ have properly noted her immense role in our OF OHIO Mrs. Turnipseed is a remarkable teacher, great national adventure as a country, and her but she doesn’t stop at simply doing her job. key part in the stewardship of one of the IN THE HOUSE OF REPRESENTATIVES Her student remarked, ‘‘Mrs. Turnipseed has greatest newspapers in American history, The Thursday, July 19, 2001 been more than a teacher to me; she has Washington Post. Those tributes are fully justi- Mr. KUCINICH. Mr. Speaker, I rise today to been a mother, counselor, mentor, and most fied, as she breathed new life into the First honor the mark of the 10th anniversary of Lat- importantly a friend. When she finds a way to Amendment, without which our democratic re- vias’ adoption of the constitutional law ‘‘On the connect with a student, she uses the link to public would be unthinkable. Statehood of the Republic of Latvia’’. build a relationship like none other. We have But the Katharine Graham I will always re- On August 21, 1991, the Supreme Council formed a once in a lifetime relationship that I member so vividly and personally is the Kath- of the Republic of Latvia took advantage of will never forget.’’ arine Graham who loved this city and who the political situation in the country and Mrs. Turnipseed represents the type of edu- soared above the crowd in her devotion to, passed the law ‘‘On the Statehood of the Re- cator we, as parents, want to teach our chil- and involvement in, the lifeblood of Wash- public of Latvia’’ providing for the full restora- dren. In an era of drugs and violence in ington, D.C. tion of Latvia’s independence. This revoked schools around the nation, Mrs. Turnipseed Less than 2 years ago I had the honor of the transition period set on May 4, 1990 for provides a calm and safe environment for her being a guest in her home upon the occasion the de facto rejuvenation of the state power of students. In her class, students can forget the of congressional passage of the District of Co- the Republic of Latvia. pressures waiting outside in the hallway and lumbia Tuition Act, landmark legislation I was In order to commemorate the anniversary of focus on learning. pleased to sponsor as Chairman of the D.C. this very significant event, the Saeima of the Mr. Speaker and fellow colleagues, please Subcommittee. Mrs. Graham and her son, Republic of Latvia will host a ceremonial meet- join me in recognizing Mrs. Mary Jane Don Graham, took a keen interest in that leg- ing of the Parliament on August 21, 2001. Turnipseed for the truly remarkable impact she islation, which has provided unprecedented There, they will lay flowers at the Freedom has made on the teaching profession and her educational opportunities for D.C. students. monument and organize a festive concert and students. Likewise with other local issues, Mrs. Graham garden party in Jurmala. f as publisher of The Washington Post helped The Republic of Latvia has always been a to insure that there would always be a very strong pillar of cultural heritage and exchange. STATEMENT ON THE LOSS OF sharp focus on the real city that lies just be- Tradition and true faith drove this State to MRS. KATHARINE GRAHAM yond the Monumental Core of the Nation’s independence, and now, 10 years later, we Capital. are celebrating this important and distin- HON. TOM DAVIS So this week this town is in mourning. We guished anniversary. OF VIRGINIA grieve the passing of one of the most signifi- Please Join me in celebrating the 10th anni- IN THE HOUSE OF REPRESENTATIVES cant people ever to reside in our midst. versary of such a joyous occasion. The Re- Mr. Speaker, Katharine Graham’s legacy is Thursday, July 19, 2001 public of Latvia is a true stronghold for political one of unshakeable courage and enduring ac- freedom and independence. Mr. TOM DAVIS of Virginia. Mr. Speaker, I complishment. Our institutions of freedom and f rise to pay tribute to a great lady, Katharine fairness have lost a great friend. May God Graham, former chairman and CEO of the grant us others who emulate the shining ex- TRIBUTE TO MARY JANE Washington Post Co., who passed away on ample of Katharine Graham. TURNIPSEED Tuesday, July 17th, from head injuries sus- f tained after she fell on a sidewalk in Sun Val- HON. ASA HUTCHINSON ley, Idaho. My heart goes out to Mrs. Gra- TRIBUTE TO ELSIE RICH OF ARKANSAS ham’s family and those who became part of IN THE HOUSE OF REPRESENTATIVES her extended family. HON. LYNN C. WOOLSEY Mrs. Graham was a gutsy pioneer. She was Thursday, July 19, 2001 OF CALIFORNIA not intimidated by power or titles and created, IN THE HOUSE OF REPRESENTATIVES Mr. HUTCHINSON. Mr. Speaker, I rise with the utmost integrity, her own fulcrum to today to pay tribute to Mrs. Mary Jane help move the world. And the world came to Thursday, July 19, 2001 Turnipseed for her outstanding service as an know she was here. Ms. WOOLSEY. Mr. Speaker, I rise today to educator at Van Buren High School in Van Katharine Graham found the best people honor Elsie Rich. As we prepare to celebrate Buren, Arkansas. Recently, I received a heart- and backed them to the hilt. In any con- Elsie’s one hundredth birthday, we can be in- felt e-mail message from one of Mrs. troversy she always came down on the side of spired by a life that embraces joyful energy, Turnipseed’s students. This student was principle. And she did so with style, grace, and thoughtful discussion, and a positive approach searching for a way to recognize his teacher good cheer. ‘‘Think no little thoughts, do no lit- to overcoming obstacles. because she had truly made an impact in his tle deeds’’ could have served as Katharine Born Elsa Shiffman in Vienna Austria in Au- life. After reading his email, I think it appro- Graham’s motto. gust, 1901, Elsie was one of five children in a priate to recognize Mrs. Turnipseed today on When faced with tragic situations in her own Jewish family that owned a textile factory. In the floor of the House of Representatives. life that would have destroyed most others, 1932 she married Henry Reich (later Rich), For more than twenty years Mrs. Turnipseed Mrs. Graham reached deep down and discov- and the two lived in Vienna until 1938. After has dedicated herself to her profession, to her ered strength. She could have lived a carefree hearing Hitler announce his plans to extermi- school, and most of all, to her students. As a life, going down an easy, well-traveled road. nate all the Jews in Europe, Elsie and Henry teacher, Mrs. Turnipseed has demonstrated But by the sheer force of her indomitable will applied for visas to America. They left a few her diligence and desire to make learning an and genius Katharine Graham took the road months after Hitler’s troops invaded Austria, exalting experience. Her student described her less traveled. And she made it her own. sending many Jews to concentration camps. teaching by saying, ‘‘Mrs. Turnipseed com- Katharine Graham’s passing saddens me in In America, the Rich family lived in New bines teaching with real-life experiences in an a very personal way—because she was so York before moving to Santa Rosa, California, attempt to bring history alive. Not only does much a part of this town and this region. Her in 1943. They eventually bought a ranch and she allow us to teach on some days and as- death leaves a void. When I say ‘‘this town’’ became U.S. citizens. ‘‘Coming to America

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

VerDate 112000 02:15 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JY8.000 pfrm01 PsN: E20PT1 E1376 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2001 was the best thing that ever happened to me,’’ on the back after the hit. But the truth is gambling was localized and limited to one in according to Elsie. ‘‘We should enjoy the free- that this test doesn’t mean much militarily. which it is almost omnipresent and a major dom, because we need to remember that we The only decoy used for the test was easily economic and entertainment activity. Some identifiable and in the highly unlikely event form of legalized gambling is now permitted in are lucky to live in such a wonderful nation.’’ that an enemy nation were to attack it Since arriving in Santa Rosa, Elsie Rich has would use multiple decoys shaped like real 47 states and the District of Columbia. Thirty- been an active member and generous finan- warheads. seven states officially sponsor gambling cial supporter of Congregation Beth Ami and Nor should anyone take the cost lightly. through state lotteries. Americans now spend the entire Jewish community. She is a woman The Pentagon plans 17 more of these tests in an estimated $650 billion a year on legalized of active participation and strong faith who al- the next 18 months. At $100 million each, gambling—more than they spend on movies, ways attends weekly services. Since Henry’s you’re talking serious money. In a faltering records, theme parks, professional sports and death in 1976, Elsie’s life has also included economy, the United States does not have all other forms of entertainment combined. the cash to waste. The Commission also found that while legal- exercise classes, reading, cooking, discussing Additionally, continued work on the mis- world affairs, using public transportation, and ized gambling can produce positive economic sile defense system will increase inter- benefits for the communities in which it is in- enjoying nearby casinos. For the last two national tensions. Russia already is nervous years, she has been the oldest person to at- at the prospect of the United States trying troduced, it also produces significant negative tend the Sonoma County Fair. Her upbeat en- to make itself into the only superpower, and consequences for millions of individuals and ergy and resilience have continued to inspire has been making threatening rumbles about families—consequences such as bankruptcy, those around her. building up its own military. As we have said crime, divorce, abuse and even suicide. A before, these tests torpedo decades of work specific concern of the Commission has been Mr. Speaker, Elsie Rich’s one hundredth toward undoing the danger to the planet cre- the dramatic increase in problem and patho- birthday is a fitting occasion to remember, in ated by the proliferation of nuclear weapons. logical gambling. Studies suggest that more her words, that ‘‘life is like a river. You have In any event, the tests are pointless. The than 5 million Americans are pathological or to go with your best stream and pick out so-called rogue nations that the military problem gamblers, and that another 15 million complex says might attack—North Korea, what’s best for you.’’ Elsie has truly exempli- have been identified as ‘‘at-risk’’ or compulsive fied that approach. Iran and Iraq are usually mentioned—are not going to send a missile against the United gamblers. The rapid growth of compulsive f States or its allies, because they know it gambling has been particularly noticeable SERIOUS QUESTIONS ON STAR would invite nuclear annihilation. The mem- among women and includes growing numbers WARS REMAIN ory of Hiroshima and Nagasaki remain in the of teenagers. world’s collective consciousness. The Commission identified the ready avail- Finally, these war games, which have the ability of cash and credit in and around gam- HON. GEORGE MILLER military capering over their computers like bling establishments as a major factor contrib- OF CALIFORNIA teen-agers playing ‘‘Space Invaders,’’ do not uting to irresponsible gambling and to problem IN THE HOUSE OF REPRESENTATIVES address the way an enemy nation, organiza- and pathological gambling behavior. Between tion or individuals actually would attack the Thursday, July 19, 2001 United States: with weapons they could forty and sixty percent of all money wagered by individuals in casinos, for example, is not Mr. GEORGE MILLER of California. Mr. carry into the country. How about defending us against that? physically brought into gambling facilities but Speaker, I commend the following editorial to We have said it before, and there is no rea- is obtained by gamblers after their arrival. my colleagues that ran in the July 18, 2001, son to change our position: This so-called Much of this money derives from credit mark- edition of the Contra Costa Times, a suburban missile defense system is a dangerous, costly ers extended by casinos, but a sizable and newspaper which serves my 7th Congres- exercise in foolishness. growing portion involves cash derived from sional district in California. The Contra Costa f ATM and debit cards and cash advances on Times has a circulation of 185,000 readers. credit cards. This editorial emphasizes a reality that GAMBLING ATM AND CREDIT/ Credit cards, debit cards and ATMs have should not be overlooked; the success of the DEBIT CARD REFORM ACT long been used within gambling resort hotels recent missile defense test does nothing to and near other gambling facilities. But their change the fundamental arguments against HON. JOHN J. LaFALCE availability and use on gambling floors for pur- deployment of a national missile defense sys- OF NEW YORK poses of making bets or purchasing playing tem. Call it NMD, Star Wars II, or whatever IN THE HOUSE OF REPRESENTATIVES chips was generally prohibited. This changed you want. It still remains a bad idea that prom- Thursday, July 19, 2001 in 1996 when the New Jersey Casino Control ises to divert needed funding toward a risky Commission approved the use of credit card gambit that will certainly worsen our relations Mr. LAFALCE. Mr. Speaker, two years ago point-of-sale machines at gambling tables for with our international partners and our own the National Gambling Impact Study Commis- direct purchases of playing chips and slot to- national security. sion released the final report from its three- kens. The action was immediately recognized year study of gambling in the United States. [From the Contra Costa Times (CA), July 18, by gambling experts as one of the ‘‘most po- 2001] The Commission took on one of the most dif- tentially dramatic changes’’ in gambling in dec- ficult and divisive issues in America today and IT IS STILL A BAD IDEA ades that would result in more impulse gam- produced a extremely thoughtful report with bling by consumers and higher revenues for After the U.S. Military shot down a mock more than 70 recommendations for changes in intercontinental ballistic missile Saturday casinos. Since then, ATM machines have night as part of its missile defense plan, a gambling policy. Unfortunately, none of the been moved from outside casinos and other Pentagon spokesman urged everyone not to Commission’s recommendations requiring fed- gambling establishments to locations near get too excited about it. ‘‘We’ve got a long eral legislation have yet been enacted by Con- gambling floors. Credit and debit card point-of- road ahead,’’ cautioned Lt. Gen Ronald gress. sale terminals have been installed directly at Kadish, director of the Pentagon’s Missile I am today reintroducing legislation to imple- gambling tables. Defense Organization. ment one of the more important recommenda- Allowing gamblers to use credit or debit/ Let us translate that for you: Kadish is tions of the National Gambling Impact Study ATM cards directly for gambling removes one saying that the Pentagon intends to spend Commission to help lessen the potential finan- scads more of the taxpayers’ dollars on this of the last remaining checks on compulsive or hare-brained scheme, a plan that, despite cial losses of compulsive gambling for individ- problem gambling—the need to walk away to Saturday’s apparent success, is unworkable, uals and families. My legislation, the ‘‘Gam- find more cash to gamble. This separation prohibitively expensive, does incalculable bling ATM and Credit/Debit Card Reform Act’’, helps break the excitement of the moment and damage to international relations, and amends federal law to reduce the ready avail- permits many gamblers to walk away. Pro- threatens to bring back the Cold War. ability of cash and credit for gambling by re- viding immediate electronic cash transfers not On Saturday, a prototype interceptor fired moving credit card terminals, debit card point- only feeds compulsive behavior, but makes it from Kwajalein Atoll in the Marshall Islands of-sale machines, automated transfer ma- easier for problem gamblers to bet all their struck and destroyed a dummy warhead 140 chines (ATMS) and other electronic cash dis- available cash, draw down their bank ac- miles above the Pacific. It was not seduced by a round, reflective decoy balloon sent up pensing devices from the immediate area of counts, and then tap into the available credit with the target. The test cost $100 million. gambling activities. lines of their credit cards as well. Financial in- Two previous tests had failed. A major finding of the Commission is that stitutions become unwitting accomplices in en- Military backers of the test, in a self-con- America has been transformed during the past couraging gamblers to bet more money than gratulatory mood, were slapping each other 20 years from a nation in which legalized they intended and more than most can afford.

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A19JY8.018 pfrm01 PsN: E20PT1 July 20, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1377 My legislation addresses this problem in a ed by AFA at its conference—the Resolution their culture, livelihoods and society are number of ways. It amends the Truth in Lend- on Renewable Whale Resources and the Res- being devastated by the animal rights-in- ing Act (TILA) to prohibit gambling establish- olution to amend the Marine Mammal Protec- spired Marine Mammal Protection Act (MMPA)—a law which contradicts accepted ments from placing credit card terminals, or tion Act. principles of sustainable use and environ- accepting credit cards for payment or cash ad- Let me conclude by saying that although mental conservation. vances, in the immediate area where any form there are many different opinions on these This outdated legislation arbitrarily bans of gambling is conducted. It also amends the issues, I applaud the efforts of AFA and I truly the import of seal products from an abun- Electronic Funds Transfer Act (EFTA) to im- believe they do make a positive difference in dant species, and violates the American ideal pose a similar prohibition on the placing of any our society. of individual freedom and the rights of the people to self-determination, including the automated teller machine, point-of-sale ter- ALLIANCE FOR AMERICA, FLY-IN FOR right to use and trade abundant local re- minal or other electronic cash dispensing de- FREEDOM, WASHINGTON, DC, MAY 19–23, 2001 sources. vice in the immediate area where gambling RESOLUTION ON RENEWABLE WHALE RESOURCES We believe that the American people would occurs. Contrary to statements by the gam- Whereas, the United States recognizes the be shocked and distressed to discover that bling industry, this will not deny people use of sustainable use of renewable wildlife and ma- the MMPA has so severely harmed so many the credit, debit and ATM cards, only move rine resources under professional and sci- people and cultures. Indigenous people at- access terminals for these cards a short dis- entific management; and tempt to live in harmony with the environ- tance away from gaming tables or machines. Whereas, the Law of the Sea, the United ment as active practitioners of sustainable The bill directs the Federal Reserve Board Nation’s Earth Summit and the Kyoto Dec- use. The MMPA disrupts this ecological rela- to publish and enforce rules for assuring that laration and Plan of Action on the Sustain- tionship. able Contribution of Fisheries to Food Secu- Seals are abundant in Arctic Canada and all electronic transfers of cash and credit are rity recognize that marine resources are to other regions and provide a vital source of physically segregated to the extent possible be managed to secure food for human nutri- food in Arctic communities, but provisions from all gambling areas. And it provides for tional needs as well as traditional and cul- of the MMPA prevent Inuit and other people comparable civil liability as provided elsewhere tural objectives; and from fully utilizing animals upon which they in TILA and EFTA to permit individuals to file Whereas, the Charter of the International depend for their survival, because trade is private actions against gambling establish- Convention for the Regulation of Whaling prohibited. ments that violate these restrictions. (ICRW recognizes that consumptive use of Therefore this assembly of the Alliance for renewable whale resources by ‘‘proper con- Mr. Speaker, the National Commission America: servation of whale stock [to] make possible (I) Calls for the amendment of the MMPA study confirmed that legalized gambling has the orderly development of the whaling in- to allow for the import of seal products, to become a national phenomenon. While it is dustry,’’ and protect US commercial and recreational unreasonable to think we can put the gam- Whereas, the Scientific Committee of the fisheries, and to bring the MMPA into accord bling genie back in the bottle, we can take International Whaling Commission (IWC), with the Convention on International Trade reasonable measures to help minimize the po- the governing body of the ICRW, has stated in Endangered Species (CITES) as imple- tential financial strain and anguish for Amer- that limited harvest of certain whale stocks mented by the Endangered Species Act and ican families. My legislation does not prohibit is scientifically justified and would have no Agreements under the WTO; and,: adverse impact on those populations, and (II) Resolves to work to inform the Amer- casinos, racetracks and other gambling facili- Whereas, contrary to the mandate of the ican public and legislators about the injus- ties from providing or using credit card, ATM ICRW requiring a scientific basis for action, tice which has been done by this law; and, and debit card devices. It merely requires that in 1994 the IWC adopted as Resolution to cre- (III) Calls upon all people and organiza- these devices be used for the purposes they ate a Southern Ocean Sanctuary and is cur- tions that respect human rights to join us in were intended and not to encourage irrespon- rently considering a proposal for the adop- our efforts to right the wrongs that have sible or problem gambling. tion of a Resolution to create a Pacific been done. I believe this is reasonable and worthwhile Ocean Sanctuary, again, without scientific justification; and f legislation. I urge its adoption by the Con- Whereas, certain coastal and island na- gress. DEPARTMENTS OF COMMERCE, tions are currently undertaking legal lim- JUSTICE, AND STATE, THE JUDI- f ited harvests of non-endangered whale stocks under scientific guidelines for valid sci- CIARY, AND RELATED AGENCIES TRIBUTE TO THE ALLIANCE FOR entific research and for human food con- APPROPRIATIONS ACT, 2002 AMERICA sumption, as these nations have done for thousands of years; now, therefore, be it SPEECH OF HON. RICHARD W. POMBO Resolved, That the Alliance for America, representing over ten (10) million American HON. CONSTANCE A. MORELLA OF CALIFORNIA citizens, at its 2001 Fly-In for Freedom Con- OF MARYLAND IN THE HOUSE OF REPRESENTATIVES ference request the United States govern- IN THE HOUSE OF REPRESENTATIVES Thursday, July 19, 2001 ment: Wednesday, July 18, 2001 To recognize and support the cultural, eco- Mr. POMBO. Mr. Speaker, the Alliance for nomic and dietary traditions of island and The House in Committee of the Whole America (AFA) was organized in 1991 as a coastal nations who seek to undertake lim- House on the State of the Union had under national non-profit grassroots coalition. Over ited harvests of non-endangered whale spe- consideraton the bill (H.R. 2500) making ap- the years, AFA has worked diligently to curb cies, and propriations for the Departments of Com- excessive government environmental regula- To be guided by scientific evidence in de- merce, Justice and State, the Judiciary, and tions and to ensure the Constitutional rights of liberations at the Annual Meetings of the related agencies for the fiscal year ending International Waling Commission and the September 30, 2002, and for other purposes: compensation for property owners. Conference of the Parties of the Convention AFA networks its mission in fifty states on International Trade in Endangered Spe- Mrs. MORELLA. Mr. Chairman, over the working with hundreds of organizations with a cies of Wild Fauna and Flora (CITES) rather years we have heard a number of contentious combined membership in the millions. These than following any unscientific political pol- arguments about the viability of the Advanced groups represent a variety of vocational, cul- icy; and Technology Program (ATP). As a consistent tural and political interests including: (1) farm- To permit these sovereign nations to un- ATP supporter, I understand these discussions ing; (2) ranching; (3) grazing; (4) forestry; (5) dertake limited harvests of whales without are difficult to resolve and stem from funda- commercial fisherman; (6) mining; (7) recre- the threat of economic sanction or censure. mental questions about the proper role of gov- ation; (8) energy; and (9) animal welfare. ernment in the development of technology. In May 2001, AFA held its 11th Annual Fly- ALLIANCE FOR AMERICA 11TH ANNUAL FLY-IN While government should, and must, con- In for Freedom conference in Washington, DC. FOR FREEDOM, WASHINGTON, DC, MAY 20, 2001 tribute to funding our basic research enter- At the meeting, various measures were ad- RESOLUTION prise, there is fair ambivalence about the gov- dressed and passed by the Alliance, including The key observation arising from the Alli- ernment taking on the role of private investors resolutions dealing with renewable whaling re- ance for America 11th Annual Fly In For and picking the ‘‘winners and losers’’ of the sources and the Marine Manimal Protection Freedom is that the promotion of animal- market by targeting funds to specific projects. rights beliefs has produced unacceptable con- Act of 1972. sequences that include ongoing violations of While I also question the superiority of govern- Mr. Speaker, at this time, I hereby submit to fundamental human rights. ment over Adam Smith’s ‘‘invisible hand’’ of the RECORD RECORD for my colleagues con- The representative of the Inuit people from the marketplace, I think this argument is se- sideration two resolutions unanimously adopt- Arctic Canada has eloquently described how verely flawed when it comes to ATP.

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A19JY8.022 pfrm01 PsN: E20PT1 E1378 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2001 The Advanced Technology Program is not grams that produce measurable long-term neighbors and a community that will greatly public financing of established technologies. It economic benefits should not be sacrificed on miss his unconditional self sacrifice, kindness, should not be seen as speculative investment the altar of short-term budget constraints. The generosity, and quiet demeanor. And, now nor should its success be measured in the success of the ATP speaks for itself and the those left behind must unite to support and same economic terms as private investment. program should be continued. At the very strengthen one another during the coming Framing the debate in these terms is fun- least, I hope that when this legislation is con- months and years as they heal. damentally wrong and misses the point of the sidered in conference, there will be adequate ‘‘He was very fair and firm and always had program. The ATP is a research and develop- funding to continue the program pending the the best interests of the community at hand ment program, not an exercise in government Secretary’s reevaluation. ... He’d do anything for you. He never venture capital. f asked for anything in return,’’ stated Roosevelt The program seeks to provide a critical Police Officer Brad Draper. The National Law bridge for the ‘‘funding gap’’ from innovation to TRIBUTE TO THE HORNETTES OF Enforcement Officer Memorial says that ‘‘it is the marketplace of pre-competitive, emerging NASHVILLE HIGH SCHOOL not how these officers died that made them technologies. ATP seeks to smooth the transi- heroes, it is how they lived.’’ tion from invention to commercialization, the HON. JOHN SHIMKUS We may never truly comprehend the latent so-called ‘‘valley of death’’ or ‘‘Darwinian OF ILLINOIS danger associated with the daily routines of Sea.’’ The United States has the greatest re- IN THE HOUSE OF REPRESENTATIVES our law enforcement officers. They continually search effort in the world. Our universities and put themselves in danger as they stop a vehi- Thursday, July 19, 2001 industries develop more ideas and discover cle, respond to an incident or a suspicious cir- more innovations than everywhere else com- Mr. SHIMKUS. Mr. Speaker, I rise today to cumstance. The dangers, risks, and violence bined. We also understand capital markets recognize the Hornettes of Nashville High they encounter each day are very real. Sor- and have used our knowledge to produce the School on their recent state softball champion- rowfully, at such times we pause to honor the world’s most vibrant and robust economy. Yet ship. The Hornettes defeated the Stanford brave law enforcement officers who serve and we are still not very good at turning raw ideas Olympia Spartans 3–0 to win their first ever protect our communities. I hope they will rou- into commercial products. While it is tempting Class A State Softball Championship. tinely be given the honor, respect and thanks to believe that this process is straightforward In addition to being crowned state champs, they deserve—not only when life’s fragile na- and should be understandable from basic so- the Nashville Hornettes tied the state record ture is revealed. cial and economic principles, it is not and can- for most wins in a season with 41 victories Mr. Speaker, today I ask that you and our not. The relationship between the private sec- and only 2 losses. The team gave Nashville colleagues join me in remembering this fine tor and this intermediate stage between re- softball fans a thrill throughout their historic man and the selfless life he lived. On behalf search and venture capital investment is poor- season. of the residents of the Third District of Utah, ly understood and the subject of intense scru- I would like to personally commend the we extend our prayers and most heartfelt sym- tiny. It would be wrong to treat it as a mature, team members and coaches for a job well pathy to his family and loved ones. fully-formed, capital arena. done. They are: Cara Pries, Lindsay Henry, f As such, there is a role for government to Tessa Schmale, Amy Harre, Amber Fark, play. What’s more, the ATP has been largely Linda Maschhoff, Amy Rybacki, Ashley IN TRIBUTE TO KATHARINE successful in carrying out that role. The pur- Schaeffer, Mallory Ruggles, Krystal Stein, GRAHAM pose of the ATP is to develop and dissemi- Kristen Klingler, Danielle Kaufman, Chelsi nate high-risk technologies with the potential Boatright, Nicole Richard, Danielle Chambers, HON. FRANK R. WOLF for broad-based economic benefits. It is de- Heather Guest, Sara Skibinski, Nicole Asberry, OF VIRGINIA voted to technical research; research that is and Stephanie Niedbalski. Their coaches are: IN THE HOUSE OF REPRESENTATIVES more directed that basic proof-of-principle Neil Hamon, Wayne Harre, Charlie Heck, and Thursday, July 19, 2001 work, but not to product development. And Head Coach Chad Malawy. I am very proud of more often than not, it involves matching you all. Mr. WOLF. Mr. Speaker, our nation has lost funds from industry. This process has worked. f one of the true giants of American journalism. In a recent review of the first 50 ATP awards, Katharine Graham, 84, the former chairman 32 projects have been successful in bringing TRIBUTE TO THE LATE POLICE and chief executive officer of The Post Co. 61 products or processes to market. CHIEF CECIL GURR and former publisher of The Washington Post, Despite this success, H.R. 2500, the Fiscal died on July 17 from head injuries she sus- Year 2002 Commerce-Justice-State Appropria- HON. CHRIS CANNON tained in a fall while on a business trip in tions bill, only provides enough funds to fulfill OF UTAH Idaho. existing commitments and halts new awards. IN THE HOUSE OF REPRESENTATIVES Mrs. Graham was a remarkable woman of While I understand the rationale to suspend courage, grace and integrity who lead the Post Thursday, July 19, 2001 new ATP grants is due to the on-going pro- through what has been called two of the most gram re-evaluation efforts conducted by the Mr. CANNON. Mr. Speaker, I rise today with celebrated episodes in American journalism: Secretary of Commerce, I am concerned that a heavy heart to pay tribute to a fallen police the publication in 1971 of the Pentagon Pa- this may ultimately lead to a zeroing out of the chief from Roosevelt, Utah. Police Chief Cecil pers and the Watergate scandal. She is cred- program. The ATP is one of the most closely Gurr was ‘‘off duty’’ in his car en route to the ited with transforming the Post into one of the reviewed government programs of all time. In grocery store to run family errands when he nation’s leading newspapers. addition, the National Research Council has heard a police dispatch about a domestic dis- Mr. Speaker, to our colleagues who spend just completed the most comprehensive re- pute at a nearby convenience store. As he so much time in Washington, D.C., The Wash- view of ATP to date and the review is ex- had countless other times, he responded to ington Post is required daily reading if we tremely positive. The report calls ATP an ‘‘ef- the call. Drawing attention away from his offi- want to stay on top of the news of the nation fective federal partnership program’’ and cers, Chief Gurr deliberately placed himself in and world. To the handful of us who are privi- claims that it ‘‘appears to have been success- the line of fire to protect his men. Caught in leged to represent congressional districts in ful in achieving its core objective.’’ It also cites the exchange of gunfire, Gurr died Friday, July the Washington metropolitan region, The its ‘‘exceptional assessment effort’’ and com- 6th, 2001 in the line of duty for the Duchesne Washington Post is our hometown newspaper pliments its review and awards process. County community. I send my prayers and and we today share in the loss of its leg- These are extremely strong statements for a condolences to his family, neighbors, and the endary leader. non-partisan group that tries to avoid making community as a whole. I would like to share with our colleagues the policy judgments. Cecil Gurr had been Roosevelt’s police chief July 18 editorial from The Washington Post in The Academy report, however, does not say since 1978. He grew up in Roosevelt and tribute to Katharine Graham. the program is perfect and does take issue joined its police force in 1974 after a tour of [From the Washington Post, July 18, 2001] with certain aspects of the ATP. It also makes duty in Vietnam and a short stint with the FBI. KATHARINE GRAHAM 1917–2001 recommendations for changes and improve- Nearly 30 years of his life was devoted to pro- It’s one of the wonderful mysteries of jour- ments. These concerns should be taken seri- tecting his hometown of 4,000 residents. He is nalism that, though a thousand people’s ously, but the report is still a strong endorse- survived by his wife, Lynnette, his three chil- labor may be necessary to produce each ment for continuing the program. Effective pro- dren, and four grandchildren. Left behind are day’s issue, every newspaper takes on an

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A19JY8.026 pfrm01 PsN: E20PT1 July 20, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1379 identity of its own. That character is shaped over. No one, least of all Katharine, found deeds are usually wrought at great risks.’’ by people you may have heard of—the top this strange. Only when her husband died did When faced with the dangers of war, our editor, an advice columnist, a chief political Mrs. Graham take over the paper; her inse- American soldiers proved their valor and ac- correspondent, your county’s school re- curities in doing so are well documented in complished the greatest deed of all: heroism. porter—and by many whose names you prob- her Pulitzer Prize-winning autobiography, ably don’t know: the copy editors, the ad ‘‘Personal History.’’ How can we allow Americans to forget the he- sellers, the press operators and distributors. One of Mrs. Graham’s public faces over roic efforts of veterans more than 50 years Few of those who work here, though, would time became that of the society figure. Both ago? dispute that at The Post a single person is in Georgetown and in her summer home in As Memorial Day passes and Veterans’ Day responsible first and foremost for making Martha’s Vineyard, she hosted presidents quickly approaches, we as a country cannot our newspaper what it is today. That person (including the incumbent) and generals and escape our obligation toward our American is Katharine Graham, who died yesterday at secretaries of state. She liked doing these heroes. World War II veterans have never the age of 84. things—Mrs. Graham knew the pleasures of Mrs. Graham’s imprint was the product asked for a monument and were content with- gossip, and she believed, among other things, out it, but it is time for us to say thank you for both of her values, which suffused the paper, that Washington should be fun—but there and of the crucial decisions she made about was a serious aspect to them too. Beneath their courage and sacrifice through gestures its leadership and direction. At The Post and the high-society veneer was an old-fashioned such as a memorial. I am grateful that Ameri- Newsweek, she chose great editors, such as patriotism: a belief that liberals and con- cans have finally pulled together to honor The Post’s Benjamin Bradlee, and then gave servatives, Republicans and Democrats, even these brave men and women of World War II them the independence and resources they politicians and journalists, shared a purpose with a national memorial. needed to produce strong journalism. She higher than their differences and so ought to High school students throughout Idaho have also supported them at crucial moments, be able to break bread together. Her creden- discovered a way to say thank you to the sav- when their work was doubted or under at- tials for bringing people together were tack by powerful forces in and outside of iors of our country. As young Idahoans helped strengthened by her scrupulous refusal to veterans to don the traditional cap and gown government. Two of those cases helped de- use her position (not to mention this edi- fine her career, and The Post: her refusal to torial page) to advance her personal or cor- this year, it reminded me that throughout bow to the government’s efforts to block porate financial interests. She was the same these 50 years we have not forgotten these publication of the Pentagon Papers and her way about philanthropy; she gave generously men or their important role in our American backing of the paper’s coverage of the Water- to many institutions and causes in and out- history. Through the ongoing construction of gate scandal. side of Washington, yet sought little credit Her decision in 1971 to publish the Penta- the World War II Memorial, high school diplo- for it. gon’s secret history of the Vietnam War, mas, and many other events, we are dem- In what she amusingly called retirement, after a federal court already had blocked the onstrating our deep reverence to the heroes of Mrs. Graham seemed only to become more New York Times from doing so, was even our nation and keeping their memories alive. active. With the publication of her autobiog- harder than it appears in retrospect. There raphy, so astonishingly honest and f was nothing harmful to national security in unsentimental about herself, the well-known the papers, but the Nixon administration DEPENDENT CARE TAX CREDIT publisher became an even better-known au- claimed otherwise, and its henchmen were thor. And yet, as public a figure as she was, not above threatening The Washington Post we here at The Post flattered ourselves to HON. JOHN P. MURTHA Co.’s television licenses. Mrs. Graham’s law- think that we saw an essential side of her OF PENNSYLVANIA yers advised against publication; they said that others did not. We were the bene- IN THE HOUSE OF REPRESENTATIVES the entire business could be ruined. But after ficiaries of her investment, year after year, listening to the arguments on both sides, Thursday, July 19, 2001 in a superior product: in new sections, new Mrs. Graham said, ‘‘Let’s go. Let’s publish.’’ local, domestic and foreign bureaus, new and Mr. MURTHA. Mr. Speaker, the long-term In those circumstances, she didn’t believe diverse talent. We were the beneficiaries of care debate continues to grow as a key health that the government ought to be telling a her gradual and graceful passing of the baton newspaper what it could not print. care issue and it will continue to grow more in to the next generation, a transition that she She proved that again the following year, the coming decade as Americans live longer. made seem easy but that—as the experience when The Post again came under enormous Fortunately, more attention is starting to be of other great newspaper families shows—can government pressure as it pursued, almost focused on long-term care; the bad news is work only with the greatest of care. We got alone, the story behind the Watergate break- to hear her brutally frank assessments of that there is a tremendous gap in ideas and in. The White House insisted that The Post’s puffed-up Washington celebrities, delivered solutions to make sure every family has ac- reporting was false, and launched a series of in salty language that forever altered the cess to affordable, quality long-term care public and private attacks against the news- pearls-and-Georgetown image for anyone when it is needed. In Pennsylvania already 1.9 paper—and, on occasion, against Mrs. who heard them. Most of all, we got to see Graham. Such pressure would have caused million seniors and nearly 220,000 individuals the respect she brought, and the high expec- many publishers to rein in their newsrooms, with disabilities rely on Medicare to meet long- tations she held, day in and day out, for fair- but Mrs. Graham did not; instead, she term costs, and 84,743 Pennsylvanians are in minded journalism. The respect was more strongly backed Mr. Bradlee and his team. nursing homes. than reciprocated. We will miss her very Some two years later, partly because of the In the next decade, the first of the ‘‘baby much. paper’s persistence, Mr. Nixon was forced to boomers’’ will reach 65 sending the need for resign. f long-term care much higher very quickly. No less important to the paper’s success While long-term care is usually thought of in was the fact that Mrs. Graham was a tough- VETERANS HIGH SCHOOL DIPLOMA terms of the elderly, two of every five Ameri- minded businesswoman who never lost sight of the fact that high-quality journalism de- cans will need long-term care at some point in pended on running a newspaper that turned a HON. MICHAEL K. SIMPSON their lives, often because of an injury or dis- profit. She concentrated on the business suc- OF IDAHO ability as well as advanced age. It is therefore, cess of the newspaper, leading it through a IN THE HOUSE OF REPRESENTATIVES essential that the health care system provide difficult strike by pressmen in the mid-’70s, Thursday, July 19, 2001 families with affordable, available options for even as she oversaw the diversification and long-term care—options that provide the kind expansion of The Post Co., which added new Mr. SIMPSON. Mr. Speaker, As the gradua- of quality everyone wants to see for a family broadcast television stations and cable net- tion season comes to a close, I would like to member or friend. works under her leadership. All those decisions would have been lonely recognize a few special graduates from the A major trend in long-term care is away and frightening for any chief executive; state of Idaho. Local high school students pre- from nursing homes, to keep people in their given Mrs. Graham’s unusual position, they sented about 50 World War II veterans with homes or with family as long as possible, to were all the more so. It’s hard now to recall high school diplomas they never received due look at alternative living arrangements and to how extraordinary it was for a woman to oc- to the war. These men put their education on stress community support and involvement. As cupy her job, but for years she was the only hold, joined arms, and fought valiantly for our we sort through this issue, it is imperative that female head of a Fortune 500 corporation. beautiful country. The high school diplomas long-term care promote individual dignity, You get a sense of how anomalous this was are well deserved and long overdue. maximize independence and self-sufficiency when you realize that she was a brainy Uni- versity of Chicago graduate with journalism Retired servicemen appreciate the homage and be provided in the least restrictive set- experience, both at this paper and elsewhere; that high school students are giving, and I am ting—that includes providing home and com- and yet when the time came for her father to pleased to see the youth in Idaho recognizing munity based, flexible, benefits and services. bequeath The Post to the next generation, it the great deeds of past generations. The The trend in long-term care is moving away was her husband, Philip Graham, who took Greek historian Herodotus once wrote, ‘‘Great from institutions like nursing homes. This is

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well illustrated in Pennsylvania where most sult, we no longer witness Germany fascism, Mr. Speaker, I commend Mr. CUNNINGHAM people, particularly the elderly, dread the idea Soviet Stalinism, the Nazi concentration and and Mr. SENSENBRENNER on their hard work of leaving their home and family and moving work camps of World War II and more. In on this amendment and I urge my colleagues to a nursing home. Consumers have become time, I believe that remaining Captive Nations, to support this meaningful and necessary more sophisticated and are looking for alter- such as China, will also join the community of piece of legislation. natives of service and care that will allow peo- democratic states. f ple to retain their independence, including China in particular provides us visible daily SUBCHAPTER S MODERNIZATION staying in their home or with family-member evidence of the human rights violations that ACT OF 2001 care givers. continue to be perpetuated in the world. In this Research suggests that a highly important country the authoritarian government con- cultural change is at work—a trend toward tinues to deny men and women their inalien- HON. E. CLAY SHAW, JR. home and community based long-term care able rights, including freedom of speech, free- OF FLORIDA services. This means that government must dom of movement and assembly, freedom of IN THE HOUSE OF REPRESENTATIVES recognize this important shift and encourage the press and the right to practice their reli- Thursday, July 19, 2001 the expansion of home and community-based gious beliefs without fear of persecution. Mr. SHAW. Mr. Speaker, today over 2 mil- Captive Nations Week recalls our obligation care programs and services. lion businesses pay taxes as S corporations to speak out for captive peoples around the While current government policies support and the vast majority of these are small busi- world. During this one week in July, we may and promotes public funding for institutional- nesses. The Subchapter S Modernization Act reaffirm our support for peaceful efforts to se- ized care (the type of care that those in need of 2001 is targeted to these small businesses cure their right to liberty and self-determina- do not prefer) society has come to rely almost by improving their access to capital, pre- tion. Thomas Jefferson’s timeless words on exclusively on informal family-care givers to serving family-owned businesses, and lifting the 50th Anniversary of our Nation’s Independ- provide the type of care desired by the major- obsolete and burdensome restrictions that un- ence in 1826 best highlight the goals of Cap- ity of care recipients. necessarily impede their growth. Researchers estimate that the value of care tive Nations Week: Even after the relief provided in 1996, S cor- ‘‘All eyes are opened, or opening, to the giving responsibilities regularly assumed by porations face substantial obstacles and limita- rights of man. The general spread of the light family members and friends exceeded $200 tions not imposed on other forms of entities. of science has already laid open to every view billion in 1997. In comparison, federal spend- The rules governing S corporations need to be the palpable truth, that the mass of mankind ing for formal home care in 1997, was $32 bil- modernized to bring them more on par with has not been born with saddles on their lion, with an additional $83 billion for nursing partnerships and limited liability companies. backs, nor a favored few booted and spurred, home care. For instance, S corporations are unable to at- ready to ride them legitimately, by the grace of Informal or family-care givers provide more tract the senior equity capital needed for their God. These are grounds of hope for others. long-term care and support, free of charge survival and growth. This bill would remove For ourselves, let the annual return of this day and with limited support, than the federal gov- this obsolete prohibition and also provide that forever refresh our recollections of these rights ernment in all settings combined. S corporations can attract needed financing The obvious question becomes: how about and an undiminished devotion to them. . . .’’ Therefore, Mr. Speaker, I add my prayers through convertible debt. paying or providing relief to the informal or Additionally, the bill helps preserve family- and hopes to the millions said each and every family-care giver? I am taking steps to do just owned businesses by counting all family mem- day for the ‘‘rights of man’’ to be secured for that by introducing legislation to amend the In- bers as one shareholder for purposes of S all peoples around the world and that Ameri- ternal Revenue Code of 1986 to provide a corporation eligibility. The bill also increases cans are privileged to experience with each $1,200.00 tax credit for care givers of individ- the limit on the number of shareholders from breath that they breathe. And I also applaud uals with long-term care needs. 75 to 150. Also, nonresident aliens would be those who would not be victimized, the individ- A $1,200.00 tax credit is the logical first step permitted to be shareholders under rules like uals who refused to be swayed by untruths designed to recognize and compensate care those now applicable to partnerships. givers for the long-term cost associated with and promises of power—the ones who fought The Subchapter S Modernization Act of informal or family-care giving. tyranny and prevailed. In 2001 there remain 2001 includes the following provisions to help: many Captive Nations, but our hope remains f improve capital formation opportunities for that one day there will be none. small businesses, preserve family-owned busi- CAPTIVE NATIONS WEEK, 43RD f nesses, and eliminate unnecessary and un- OBSERVANCE CONSTITUTIONAL AMENDMENT warranted traps for taxpayers. AUTHORIZING CONGRESS TO TITLE I—ELIGIBLE SHAREHOLDERS OF AN S HON. KEN CALVERT PROHIBIT PHYSICAL DESECRA- CORPORATION OF CALIFORNIA TION OF THE FLAG OF THE SECTION 101. MEMBERS OF FAMILY TREATED AS IN THE HOUSE OF REPRESENTATIVES UNITED STATES ONE SHAREHOLDER Thursday, July 19, 2001 The Act provides for an election to count SPEECH OF family members that are not more than six Mr. CALVERT. Mr. Speaker, I rise today generations removed from a common ances- with a deep sense of personal conviction and HON. JERRY WELLER tor as one shareholder for purposes of the OF ILLINOIS pride to submit for the RECORD a proclamation number of shareholder limitation (currently on the 43rd Observance of Captive Nations IN THE HOUSE OF REPRESENTATIVES 75 shareholders). The election requires the Week. It was in memory of the millions who Tuesday, July 17, 2001 consent of a majority of all shareholders. The provision helps family-owned S corpora- perished under authoritarian regimes and re- Mr. WELLER. Mr. Speaker, I rise today to tions plan for the future without fear of ter- main under authoritarian regimes still that the give my strong support to H.J. Res. 36, the mination of their S corporation elections. 86th Congress and President Dwight D. Eisen- Flag Protection Amendment. SECTION 102. NONRESIDENT ALIENS ALLOWED TO hower began the tradition of paying tribute to Our flag is the symbol of the free world. It BE SHAREHOLDERS their fight for freedom, democracy, free market is the symbol that men and women have given The Act would permit nonresident aliens economy, human rights and national inde- their lives to protect and preserve. Thanks to to be S corporation shareholders. To assure pendence, with Public Law 86–90. President these sacrifices, we are at peace today and collection of the appropriate amount of tax, Ronald Reagan served to more forcibly imprint are able to return the favor to the brave sol- the Act requires the S corporation to with- this need several years later when he called diers and sailors who stood guard to our flag hold and pay a tax on effectively connected history’s most powerful authoritarian regime, and freedom from Lexington & Concord to the income allocable to its nonresident alien the Soviet Union, an ‘evil empire.’ shareholders. The provision enhances an S shores of Kuwait. corporation’s ability to expand into inter- I am convinced that Captive Nations Week Mr. Speaker, the United States flag stands national markets and expands an S corpora- has served a vital role in the fight against au- for freedom, equality, and patriotism. These tion’s access to capital. thoritarian governments. This one week a year qualities are embodied in the true, tried waves SECTION 103. EXPANSION OF BANK S CORPORA- has provided, and continues to provide, a level of the flag as she flies proudly above this TION ELIGIBLE SHAREHOLDERS TO INCLUDE of focused pressure and attention on those building, the United States Capitol. To protect IRAs nations that utilize force, coercion and fear to the flag is not only the right thing to do, it is The Act permits Individual Retirement Ac- maintain control over the individual. As a re- the necessary action to pursue. counts (IRAs) to hold stock in a bank that is

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an S corporation. Additionally, the Act TITLE III—TREATMENT OF S CORPORATION proposed regulations provide that, once such would exempt the sale of bank S corporation SHAREHOLDERS powers become exercisable, the S election stock in an IRA from the prohibited trans- SECTION 301. TREATMENT OF LOSSES TO will automatically terminate if the power action rules. Currently, IRAs own commu- SHAREHOLDERS could potentially be exercised in favor of an nity bank stock, which results in a signifi- ineligible individual—whether it was actu- In the case of a liquidation of an S corpora- cant obstacle to banks that want to make an ally exercised in favor of the ineligible indi- tion, current law can result in double tax- S election. The provision allows an IRA to vidual or not. The application of this rule ation because of a mismatch of ordinary in- own bank S stock, and thus, avoids trans- would prevent many family trusts from come (realized at the corporate level and actions to buy back stock, which drains the qualifying as ESBTS. passed through to the shareholder) and a bank’s resources. capital loss (recognized at the shareholder The Act expands the existing method to SECTION 104. INCREASE IN NUMBER OF ELIGIBLE level on the liquidating distribution). Al- cure a potential current beneficiary problem. SHAREHOLDERS TO 150 though careful tax planning can avoid this Under the Act, an ESBT will have a period of Currently a corporation is not eligible to result, many S corporations do not have the up to one year (currently 60 days) to either be an S corporation if it has more than 75 benefit of sophisticated tax advice. The Act dispose of all of its S stock or otherwise shareholders. The Act increases the number eliminates this potential trap by providing cause the ineligible potential current bene- of permitted shareholders to 150. The provi- that any portion of any loss recognized by an ficiary’s position in the trust to be elimi- sion will enable S corporations to raise more S corporation shareholder on amounts re- nated without causing the ESBT election or capital and plan for the future without en- ceived by the shareholder in a distribution in the corporation’s S election to fail. dangering their S corporation status. complete liquidation of the S corporation SECTION 306. CLARIFICATION OF ELECTING SMALL TITLE II—QUALIFICATION AND ELIGIBILITY would be treated as an ordinary loss to the BUSINESS TRUST DISTRIBUTION RULES REQUIREMENTS extent of the shareholder’s ordinary income The Act clarifies that, with regard to SECTION 201. ISSUANCE OF PREFERRED STOCK basis in the S corporation stock. ESBT distributions, separate share treat- PERMITTED SECTION 302. TRANSFER OF SUSPENDED LOSSES ment applies to the S and non-S portions The Act would permit S corporations to INCIDENT TO DIVORCE under section 641 (c). issue qualified preferred stock (QPS). QPS The Act allows for the transfer of a pro SECTION 307. ALLOWANCE OF CHARITABLE CON- generally would be stock that (i) is not enti- rata portion of the suspended losses when S TRIBUTIONS DEDUCTION FOR ELECTING SMALL tled to vote, (ii) is limited and preferred as corporation stock is transferred, in whole or BUSINESS TRUSTS to dividends and does not participate in cor- in part, incident to divorce. Under current porate growth to any significant extent, and IRS regulations, any suspended losses or de- The Act permits a deduction for charitable (iii) has redemption and liquidation rights ductions are personal to the shareholder and contributions made by an ESBT, while tax- which do not exceed the issue price of such cannot, in any manner, be transferred to an- ing the charity on its share of the S corpora- stock (except for a reasonable redemption or other person. Accordingly, if a shareholder tion’s income as unrelated business taxable liquidation premium). Stock would not fail transfers all of his or her stock in an S cor- income. Current law discourages charitable to be treated as QPS merely because it is poration to his or her former spouse as a re- contributions by S corporation shareholders convertible into other stock. This provision sult of divorce, any suspended losses or de- by preventing an ESBT from claiming a increases access to capital from investors ductions with respect to such stock are per- charitable contribution deduction. The Act who insist on having a preferential return manently disallowed. This result is inequi- encourages philanthropy by permitting a and facilitates family succession by permit- table and unduly harsh, and needlessly com- charitable deduction while at the same time ting the older generation of shareholders to plicates property settlement negotiations. effectively taxing the S corporation’s income in the hands of the recipient chairty to the relinquish control of the corporation but SECTION 303. USE OF PASSIVE ACTIVITY LOSS extent of the deduction. maintain an equity interest. AND AT-RISK AMOUNTS BY QUALIFIED SUB- SECTION 202. SAFE HARBOR EXPANDED TO CHAPTER S TRUST INCOME BENEFICIARIES SECTION 308. SHAREHOLDER BASIS NOT IN- INCLUDE CONVERTIBLE DEBT The Act clarifies that, if a QSST transfers CREASED BY INCOME DERIVED FROM CAN- The Act permits S corporations to issue its entire interest in S corporation stock to CELLATION OF S CORPORATION’S DEBT debt that may be converted into stock of the an unrelated party in a fully taxable trans- The Act provides that cancellation of in- corporation provided that the terms of the action, the income beneficiarys suspended debtedness (COD) income excluded from the debt are substantially the same as the terms losses from S corporation activity under the gross income of an S corporation, i.e. due to that could have been obtained from an unre- passive activity loss rules would be freed up the S corporation’s insolvency, does not in- lated party. The Act also expands the cur- for use by the income beneficiary. crease shareholder’s basis in S corporation rent law safe-harbor debt provision to permit The Act further provides that the income stock. The Act changes the result reached in nonresident alien individuals as creditors. beneficiary’s at-risk amount with respect to the recent U.S. Supreme Court decision in The provision facilitates the raising of in- S activity would be increased by the amount Gitlitz v. Comm’r (2000). vestment capital. of gain recognized by the QSST on a disposi- SECTION 309. BACK-TO-BACK LOANS AS SECTION 203 REPEAL OF EXCESSIVE PASSIVE tion of S stock. These provisions clarify a . INDEBTEDNESS INVESTMENT INCOME AS A TERMINATION EVENT troublesome area under current law, and so, The Act would repeal the rule that an S eliminate traps for the unwary taxpayer. The Act clarifies that a back-to-back loan (a loan made to an S corporation shareholder corporation would lose its S corporation sta- SECTION 304. DEDUCTIBILITY OF INTEREST EX- who in turn loans those funds to his S cor- tus if it has excess passive income for three PENSE INCURRED BY AN ELECTING SMALL poration) constitutes ‘‘indebtedness of the S consecutive years. A corporate-level ‘‘sting’’ BUSINESS TRUST TO ACQUIRE S CORPORATION corporation to the shareholder’’ so as to in- (or double) tax would still apply, as modified STOCK crease such shareholder’s basis in the S cor- in Section 204 below, to excess passive in- The Act provides that interest expense in- come. poration. The provision would help many curred by an ESBT to acquire S corporation shareholders avoid inequitable pitfalls en- SECTION 204. MODIFICATIONS TO PASSIVE INCOME stock is deductible by the S portion of the countered where a loan to an S corporation RULES trust. Recently issued proposed regulations is not properly structured, even though the The Act would increase the threshold for would provide that interest expense incurred shareholder has clearly made an economic taxing excess passive income from 25 percent by an ESBT to acquire stock in an S cor- outlay with respect to his investment in the to 60 percent (consistent with a Joint Tax poration is allocable to the S portion of the S corporation for which a basis increase is Committee recommendation on simplifica- trust, but is not deductible. This result is appropriate. tion measures). In addition, the Act removes contrary to the treatment of other tax- gains from the sales or exchanges of stock or payers, who are entitled to deduct interest TITLE IV—EXPANSION OF S CORPORATION securities from the definition of passive in- incurred to acquire an interest in a pass ELIGIBILITY FOR BANKS vestment income for purposes of the sting through entity. Further, Congress never in- SECTION 401. EXCLUSION OF INVESTMENT SECU- tax. tended to place ESBTs at a disadvantage rel- RITIES INCOME FROM PASSIVE INCOME TEST SECTION 205. STOCK BASIS ADJUSTMENT FOR ative to other taxpayers. FOR BANK S CORPORATIONS CERTAIN CHARITABLE CONTRIBUTIONS SECTION 305. DISREGARD OF UNEXERCISED POW- The Act clarifies that interest and divi- Current rules discourage charitable gifts of ERS OF APPOINTMENT IN DETERMINING POTEN- dends on investments maintained by a bank appreciated property by S corporations. The TIAL CURRENT BENEFICIARIES OF ESBT for liquidity and safety and soundness pur- Act would remedy this problem by providing The Act revises the definition of a ‘‘poten- poses shall not be ‘‘passive’’ income. By for an increase in the basis of shareholders tial current beneficiary’’ in the context of treating all bank income as earned from the stock in an amount equal to excess of the the ESBT eligibility rules by providing that active and regular conduct of a banking busi- value of the contributed property over the powers of appointment should only be evalu- ness, banks will no longer face the conun- basis of the property contributed. This provi- ated when the power is actually exercised. drum of evaluating investment decisions sion conforms the S corporation rules to Current law provides that postponed or non- based on tax considerations rather than on those applicable to charitable contributions exercisable powers will not interfere with more important safety and economic sound- by partnerships. the making of an ESBT election. However, ness issues.

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A19JY8.037 pfrm01 PsN: E20PT1 E1382 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2001 SECTION 402. TREATMENT OF QUALIFYING should be a simple matter. The doctrine re- GIVING PRAISE TO ZION DIRECTOR SHARES quires knowledge of decades of jurisprudence EVANGELICAL LUTHERAN CHURCH The Act clarifies that qualifying director and administrative interpretations, and shares of bank are not to be treated as a sec- poses an unnecessary trap for the unwary. ond class of stock. Instead, the qualifying di- HON. JAMES A. BARCIA rector shares are treated as a liability of the TITLE VI—ADDITIONAL PROVISIONS OF MICHIGAN bank and no income or loss from the S cor- IN THE HOUSE OF REPRESENTATIVES SECTION 601. ELIMINATION OF ALL EARNINGS AND poration will be allocated to these qualifying PROFITS ATTRIBUTABLE TO PRE-1983 YEARS Thursday, July 19, 2001 director shares. The provision clarifies the law and removes a significant obstacle The Small Business Job Protection Act of Mr. BARCIA. Mr. Speaker, I rise today to unique among banks contemplating a S cor- 1996 eliminated certain pre-1983 earnings and sing the praises of Zion Evangelical Lutheran poration election. profits of S corporations that had S corpora- Church in Bay City, Michigan, as Reverend SECTION 403. BAD DEBT CHARGE OFFS IN YEARS tion status for their first tax year beginning William H. Allwardt, his family and the con- AFTER ELECTION YEAR TREATED AS ITEMS OF after December 31, 1996. This provision gregation celebrate the 100th anniversary of BUILT-IN LOSS should apply to all corporations (C and S) its founding. Since its humble beginnings in The Act permits bank S corporations to re- with pre-1983 S earnings and profits without 1901 in a small wood-frame building, Zion has regard to when they elect S status. There capture up to 100 percent of their bad debt grown to become a stronghold of faith for over reserves on their first S corporation tax re- seems to be no policy reason why the elimi- turn and/or their last C corporation income nation was restricted to corporations with 2,000 members in and around Bay City. tax return prior to the effective date of the an S election in effect for their first taxable In 1901, Zion members first gathered to S election. Banks that convert to S corpora- year beginning after December 31, 1996. worship in a wooden building that once had tion status must change from the reserve been the Salzburg Band Hall. As the con- SECTION 602. NO GAIN OR LOSS ON DEFERRED method of accounting to the specific charge gregation grew, so did the need for a larger INTERCOMPANY TRANSACTIONS BECAUSE OF off method. The resulting recapture income CONVERSION TO S CORPORATION OR QUALIFIED forum, resulting in the building in November is treated as built-in gain subject to tax at S CORPORATION SUBSIDIARY 1930 of the present-day church. From the be- both the shareholder and the corporate level. ginning, church leaders also recognized that The Act allows banks to accelerate the re- The Act makes clear that any gain or in- religious education doesn’t take place only on capture of bad debt reserve to their last C come from an intercompany transaction is corporation tax year. The corporate level tax Sundays, so they built a schoolhouse. The not taxed at the time of the S corporation or commitment to Christian education continues would still be paid on the recapture income, QSub elections. but the recapture would no longer trigger a today inside the Zion Memorial Building, tax for the bank’s shareholders. SECTION 603. TREATMENT OF CHARITABLE CON- named to honor the men and women of Zion TITLE V—QUALIFIED SUBCHAPTER S TRIBUTION AND FOREIGN TAX CREDIT who served in World War II. During the last SUBSIDIARIES CARRYFORWARDS school year, 170 students studied and learned SECTION 501. RELIEF FROM INADVERTENTLY IN- The Act provides that charitable contribu- at Zion. VALID QUALIFIED SUBCHAPTER S SUBSIDIARY tion carryforwards and other carryforwards Tradition and a sense of continuity have al- ELECTIONS AND TERMINATIONS. arising from a taxable year for which the ways been important elements in Zion’s spir- The Act provides statutory authority for corporation was a C corporation shall be al- itual mission. In keeping with those practices, the Secretary to grant relief for invalid lowed as a deduction against the net recog- the church has had just seven pastors in a QSub elections, and terminations of QSub century’s time. The present pastor, Reverend status, if the Secretary determines that the nized built-in gain of the corporation for the circumstances resulting in such ineffective- taxable year. This provision is consistent Allwardt, his wife, Paulette, and children, Will ness or termination were inadvertent. This with the legislative history of the 1986 Act. and Charice, have been part of the Zion family would allow the IRS to provide relief in ap- since 1978 and have contributed greatly to its SECTION 604. DISTRIBUTION BY AN S CORPORA- propriate cases, just as it currently does in rich history and Christian undertaking to TION TO AN EMPLOYEE STOCK OWNERSHIP the case of invalid or ten-ninated S corpora- PLAN spread the word of God to people near and tion elections. far. SECTION 502. INFORMATION RETURNS FOR An ESOP will usually borrow from the A fruitful church cannot multiply the ranks of QUALIFIED SUBCHAPTER S SUBSIDIARIES sponsoring corporation to fund its acquisi- the faithful without reaching out and Zion’s The Act would help clarify that a Qualified tion of employer securities. In the case of a congregation has always opened its doors and Subchapter S Subsidiary (QSSS) can provide C corporation, the tax code provides that an expanded its influence well beyond the sanc- information returns under their own tax ID ESOP will not be treated as engaging in a tuary and into the surrounding community. number to help avoid confusion by employ- ‘‘prohibited transaction’’ if it uses any ‘‘divi- Over the years, Zion has led by Christian ex- ers, depositors, and other parties. dend’’ on employer securities purchased with ample with their involvement in many social SECTION 503. TREATMENT OF THE SALE OF IN- loan proceeds to make payments on the loan organizations, including the Saginaw Valley TEREST IN A QUALIFIED SUBCHAPTER S SUB- regardless of whether such employer securi- Blood Program, the Boy Scouts and Girl SIDIARY ties have been pledged as collateral to secure Scouts of America, the Bay County Food Pan- The Act treats the disposition of QSub the loan. The policy facilitates the payment try and the CROP Walk. stock as a sale of the undivided interest in of ESOP loans and thereby promotes em- the QSub’s assets based on the underlying ployee ownership. Because S corporation dis- Mr. Speaker, I ask my colleagues to join me percentage of stock transferred followed by a tributions are technically not ‘‘dividends’’, in honoring Zion Evangelical Lutheran Church deemed contribution by the S corporation the Act provides that S corporation distribu- for a century of Christian service, fellowship and the acquiring party in a nontaxable tions are treated as dividends. This clarifica- and leadership from the pulpit, the pews and transaction. Under current law, an S cor- tion is necessary to ensure that the policy of among the greater community and in wishing poration may be required to recognize 100 them another hundred years of success. percent of the gain inherent in a QSub’s as- facilitating the payment of ESOP loans ap- sets if it sells as little as 21 percent of the plies equally to S corporation and C corpora- f tion ESOPs. QSub’s stock. IRS regulations suggest this SALUTE TO VERNA SMALL result can be avoided by merging the QSub SECTION 605. SPECIAL RULES OF APPLICATION into a single member LLC prior to the sale, then selling an interest in the LLC (as op- The effective dates of some amendments HON. JERROLD NADLER posed to stock in the QSub). The Act made by the Act may occur in years in which OF NEW YORK achieves this result without any unnecessary it is too late to file a claim for refund arising IN THE HOUSE OF REPRESENTATIVES merger and thus removes a trap for the un- in such years from applying the amend- wary. Thursday, July 19, 2001 ments. The Act grants a 1-year extension be- SECTION 504. EXCEPTION TO APPLICATION OF ginning on the date of enactment in which to Mr. NADLER. Mr. Speaker, I rise today to STEP TRANSACTION DOCTRINE FOR RESTRUC- file such claims for these closed years. laud the incredible and enduring community TURING IN CONNECTION WITH MAKING QUALI- activism of Verna Small. Verna has been ac- FIED SUBCHAPTER S SUBSIDIARY ELECTIONS Mr. Speaker, I urge my fellow members to tive in the Greenwich Village community of The Act provides that the step transaction review and support the S Corporation Mod- New York City for over half a century, how- doctrine does not apply to the deemed liq- ernization Act, which will help create a level uidation resulting from QSub elections. Ap- ever she got her start right here in Wash- plication of the step transaction doctrine, in playing field for small businesses. I look for- ington, D.C. A 1937 graduate of George the context of making a QSub election, in- ward to working with my colleagues on the Washington University, Verna soon began troduces complexity and uncertainty in what Ways and Means Committee to enact this bill. working for the United States Department of

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A19JY8.040 pfrm01 PsN: E20PT1 July 20, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1383 Labor, which took her on assignments all He was born in 1927 in the High Works sec- Church’s 100th anniversary banquet in 1997, across this nation. Thankfully for us New York- tion of Scranton to the late James C. and where he addressed the crowd, sharing their ers she landed in the heart of New York City, Helen Norton Timlin. He attended St. John the joy and seeking to restore unity between Greenwich Village, and immediately made it Evangelist and Holy Rosary schools in Scran- them. her home. ton and graduated from Holy Rosary High He has also served a five-year term as During her early years in the nation’s Cap- School and St. Charles College in Catonsville, Episcopal Moderator of the National Associa- ital, Verna grew to love the Potomac River Md. tion of Holy Name Societies. A long-time li- and other waterways, a love that would signal Those who knew him in childhood sensed censed pilot, the bishop is the Episcopal Mod- a passion that would last a lifetime. In New he was on the path to the priesthood, as his erator of the National Association of Catholic York, Verna recognized the beauty and splen- face bore a radiant expression while he Airport Chaplains. dor of the Hudson River and its vital relation- served Mass and he had already joined the When he was appointed bishop, he chose ship to Greenwich Village. She decided to Future Priest Club by the time he entered the motto ‘‘Fides Spes Caritas,’’ faith, hope, make it part of her life’s work to preserve this eighth grade at Holy Rosary. He attended St. love. I think also serves as a fine summary of relationship and save the history of this neigh- Mary’s Seminary in Baltimore before com- Bishop Timlin’s life and work. borhood from disappearing at the hands of de- pleting his studies for the priesthood at the Mr. Speaker, I am pleased to call to the at- velopers. Throughout the 1960’s Verna, along North American College in Rome. tention of the House of Representatives the with her comrade in arms Ruth Wittenberg, Bishop Timlin was ordained in 1951 in long and dedicated service of Bishop James spearheaded an epic movement that cul- Rome by the Most Rev. Martin J. O’Connor, C. Timlin and to wish him all the best as he minated in the astounding creation of the New D.D., then-Rector of North American College, continues to serve Northeastern Pennsylvania. York City Landmarks Law in 1965 and the who ordained him a year early because of the f designation of the Greenwich Village Historic speed with which he managed his studies. He GUAM’S STUDENT MUSICAL District in 1969, which remains today the city’s continued studies in Theology there before re- GROUP largest historic district. Throughout this time turning to the diocese where in 1952 he was Verna founded organizations that stand today appointed assistant pastor at St. John the HON. ROBERT A. UNDERWOOD to fight for the preservation of our city’s neigh- Evangelist Parish, Pittston. OF GUAM borhoods, including the Association of Village On June 12, 1953, he became assistant IN THE HOUSE OF REPRESENTATIVES Homeowners, the Historic Districts Council, pastor of St. Peter’s Cathedral Parish, Scran- the Greenwich Village Society for Historic ton, where he served until September 12, Thursday, July 19, 2001 Preservation, and the Federation to Preserve 1966, when he was named assistant chan- Mr. UNDERWOOD. Mr. Speaker, I rise be- the Greenwich Village Waterfront & Great cellor of the diocese and secretary to Bishop fore you today to bring attention to the out- Port, Inc. J. Carroll McCormick, D.D., the sixth Bishop of standing accomplishments of Guam’s student In 1964 Verna became a member of Man- Scranton. musical group, the Silouettes. Started in hattan Community Board 2. During her nearly Other papal honors and diocesan appoint- 1996–1997 by Michael Song in his first year forty-year tenure on the Community Board, ments followed as he was named Chaplain to as music instructor at JFK High School in she served as Chair of the Landmarks Com- His Holiness, Pope Paul VI, on August 3, Tamuning, Guam, the Silouettes have over- mittee for ten of those years. In 1994 she re- 1967, Chancellor of the diocese on December come difficult obstacles on their road to suc- ceived the Elliot Willinsky Award from New 15, 1971, and Prelate of Honor of His Holi- cess and recognition. Originally composed of York City’s Landmarks Preservation Commis- ness on April 23, 1972. 13 females, 3 male voices, 1 accompanist and sion. Even today, Verna is fighting hard to pre- Earlier in his ministry, Bishop Timlin served an outdated piano, the Silouettes struggled to serve the history of the Village during the cre- as chairman of the Diocesan Liturgical Com- earn the community’s respect in their inau- ation of the Hudson River Park. mission and the Priests’ Education Committee, gural year. Due to their unrelenting desire to Amidst all of her community activism, Verna as well as librarian and secretary at St. Pius succeed and tremendous hard work, the led a full life as a wife, a mother, editor and X Seminary, Dalton. In 1972, he was ap- Silouettes not only excelled in gaining the author. She is truly a dynamic woman who pointed to the Diocesan Board of Consultors, local community’s respect, but also attained has had a profound impact on those she has and three years later, was elected President of international recognition. They toured Korea touched. the Board of Directors of The Catholic Light. and Japan, and eventually traveled to the U.S. Mr. Speaker, I salute Verna Small and all of He was named Auxiliary Bishop of Scranton mainland, where they were selected as cham- her accomplishments. I am happy to know her on August 3, 1976. He was ordained in St. pions in the ‘‘Show Choir’’ division of the and am in constant awe of her passion and Peter’s Cathedral on September 21, when he 1999–2000 MusicFest Orlando. This year, the fortitude. It is my hope that she will continue also became Vicar General of the diocese. In Silouettes have successfully defended their to fight for what she believes in for a long time September, 1979, he became pastor of the title, and have additionally placed first in the to come. Church of the Nativity of Our Lord, Scranton. ‘‘Concert Choir’’ division, thereby earning the f In the summer of 1983, Cardinal John J. title of ‘‘Grand Champions’’ in the competition. BISHOP TIMLIN CELEBRATES 50 O’Connor, the seventh Bishop of Scranton, The attributes setting the Silouettes apart YEARS IN PRIESTHOOD appointed him chairman of the Board of Advi- are the group’s tremendous ambition and will sors for St. Pius X Seminary, and chairman of to succeed. In their inaugural year, without the Preparatory Commission for the Diocesan any community or government assistance, the HON. PAUL E. KANJORSKI Synod. Following the Cardinal’s transfer to the group raised $17,000 and went on a tour to OF PENNSYLVANIA Archdiocese of New York in March, 1984, Korea, where they became the first foreign IN THE HOUSE OF REPRESENTATIVES Bishop Timlin was elected Diocesan Adminis- school students ever allowed to perform on Thursday, July 19, 2001 trator by the Diocesan Board of Consultors. the prestigious campus of EWHA Girls High Mr. KANJORSKI. Mr. Speaker, I rise today His Holiness, Pope John Paul II, appointed School. The success greatly magnified their to call the attention of the House of Rep- him the eighth Bishop of Scranton on April 24, reputation, but the Silouettes continued to resentatives to the 50th anniversary of the or- 1984, and his installation followed on June 7. struggle while trying to obtain financial sup- dination to the priesthood of Bishop James C. Bishop Timlin has served two terms as a port. Through extensive fund-raising efforts, Timlin of the Catholic Diocese of Scranton, member of the National Conference of Catho- the group managed to raise the necessary Pennsylvania, which includes much of my lic Bishops’ Administrative Board and the Na- funds to tour Japan and perform at 9 schools Congressional District. Bishop Timlin is an in- tional Advisory Council. He also served as a and for the mayor of Gifu, who awarded the stitution in Northeastern Pennsylvania, known member of the Board of the North American group Honorary Citizenship of his city. Their not only for his spiritual guidance but also for College, as well as a consultor on the Liturgy diligence, dedication, hard work paid off. Due his leadership in a broad range of social Committee. mainly to their growing reputation, Govern- issues. He is presently a consultant to the NCCB’s ment of Guam funds were appropriated ena- Bishop Timlin, the eighth bishop of Scranton Ecumenical and Migration committees. He is bling the Silouettes to fulfill their dream and and the first native-born son of the diocese to well known for his commitment to ecumenism. compete against some of the highest rated become its bishop, celebrated his 50th anni- To give just two examples, he led the Jewish U.S. High Schools at the Orlando MusicFest versary on July 16. On September 21, he will Federation United Jewish Campaign’s Super 1999–2000 and 2000–2001. celebrate the 25th anniversary of his elevation Sunday Telethon in 1984 and accepted an in- Their magnificent talent led the Silouettes to to the rank of bishop. vitation to the Polish National Catholic place first in the ‘‘Show Choir’’ division, in

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A19JY8.044 pfrm01 PsN: E20PT1 E1384 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2001 which pop music is played using drums and Program at $62.5 million. States must share an extremely accomplished high school athlete other musical instruments accompanying the 35 percent of the cost while the federal gov- from my congressional district, in Upper piano. In 2000–2001, the group not only de- ernment assumes 65 percent. By lifting the Darby, PA. Joel Edwards, a recent graduate of fended their ‘‘Show Choir’’ title, but also won cap and adjusting the matching requirements, Upper Darby High School, recently won the the ‘‘Concert Choir’’ division, playing classical thousands of youths could be given the oppor- Pennsylvania State wrestling championship in music relying solely on the piano. To win both tunity to participate in this program annually. his weight class. titles, the Silouettes defeated a total of 47 The legislation I have drafted will completely Joel Edwards has proven himself to be one schools, and were selected as ‘‘Grand Cham- eliminate the $62.5 million cap on Youth Chal- of the best, if not the best, wrestler, Upper pions’’ by the committee of judges. Due to leNGe Program spending, remove the man- Darby High has ever had. Joel has a long list their success, the Silouettes have produced date that directs excess Youth ChalleNGe of accomplishments: a two-time Sectional their first CD, earned two resolutions in the Program funding to JROTC, and adjust the champion, two-time District champion, two Guam Legislature, and garnered the apprecia- federal/state match from 65/35 to 75/25. I be- time Regional champion, and the 2001 State tion and pride of the entire island of Guam. I, lieve this is the right thing to do to help Amer- Champion. In addition, Joel recently placed therefore, ask that you join me in commending ica’s at-risk youth. This program is a success, eighth in the nation in the National High this outstanding group of students for their and its performance outshines virtually every School Senior Wrestling Championship, earn- phenomenal success. other federal program that targets at-risk ing him All-American honors. These accom- I additionally wish to submit for the RECORD, youth. The benefits are proven and substan- plishments are but a few, but show Joel’s re- the names of the members of the Silouettes: tial. I invite my colleagues to review my legis- markable wrestling talent. Numerous honors Michael Song (Music Director), Troy Taitano lation, and I respectfully request their support. and awards have been bestowed on Joel for (Accompanist), Brian Machie (Drummer), Ray f his accomplishments. The Philadelphia In- quirer and the Delaware County Daily Times Yoshida (Sound Technician), Charleen TRIBUTE TO TOM PHILLIPS AND named him ‘‘Wrestler of the Year’’, and he Remotigue, Verna Ventura, Karen Ikeno, Kim WILLIAM RUSHER Solomon, Emily Servino, Tara Atencio, Gwen was also a three-time All-League and All- Nolos, Lucretio San Nicolas, Anselma Reyes, HON. RON PAUL County selection. His career record was a Azusa Hanashima, Sheena Hess, Michelle phenomenal 116–23. OF TEXAS Ganadam, Krystal Abaya, Lily Tizon, Geneva Joel is now on his way to a great institution IN THE HOUSE OF REPRESENTATIVES McCoy, Kris Tiongzen, Eugene Guillermo, of higher learning, Penn State University, Daryl Muya, Calvin Huynh, Jeff Moreno, Steve Thursday, July 19, 2001 where he has been given a full scholarship to Terlaje, Robert Brito. Mr. PAUL. Mr. Speaker, on Saturday, Au- pursue his wrestling career for the Nittany Lions. It is my pleasure to represent Joel Ed- f gust 4th Young Americans for Freedom (YAF) will hold its National Convention in Newport wards in Congress and to see his accomplish- NATIONAL GUARD YOUTH Beach, California. At this event the organiza- ments. He has been a great source of com- CHALLENGE PROGRAM tion will honor two fine people. Mr. Tom Phil- munity spirit and pride in the entire Upper lips, Chairman of Phillips International, will re- Darby area. I wish Joel continued success at HON. RICHARD H. BAKER ceive the organization’s highest award, the Penn State and again wish to congratulate OF LOUISIANA Guardian of Freedom. Mr. Phillips has been a him on his remarkable achievements. IN THE HOUSE OF REPRESENTATIVES strong supporter of YAF and is involved in var- f ious other entities engaged in the fight for lib- Thursday, July 19, 2001 IN HONOR OF WILLIAM erty. As publisher of ‘‘Human Events,’’ he has HAMBRECHT Mr. BAKER. Mr. Speaker, I am introducing helped to further a publication steeped in the legislation to provide additional Federal fund- tradition of freedom. Mr. Phillips has also ing for the National Guard Youth ChalleNGe shown a particular interest in the kind of pri- HON. NANCY PELOSI Program and invite all my colleagues to join vate preservation activities I so frequently ad- OF CALIFORNIA me in sponsoring this legislation. vocate. Rather than leave it to the taxpayers IN THE HOUSE OF REPRESENTATIVES Our Nation is facing an epidemic in juvenile to fund and the federal government to man- Thursday, July 19, 2001 crime and education delinquency of historical age, Mr. Phillips has personally helped to fund Ms. PELOSI. Mr. Speaker, I rise today to proportion. Over 2,806 students drop out of the preservation of President Reagan’s Ranch celebrate a business pioneer, a philanthropist, high school each day, while another 17,297 by the Young America’s Foundation so that it and a long time friend, Bill Hambrecht. Bill is students are expelled. Dropping out of school might be used as a training ground for young being inducted into the Bay Area Business and failing to identify or working toward people dedicated to the individual liberty which Hall of Fame today, Thursday, July 19. I can achieving personal goals is leading young President Reagan spoke of so often. think of no worthier gentleman to receive such people down a path of self-destruction. The Also, at this event, Mr. William Rusher will a distinct honor. National Guard Youth ChalleNGe Program receive a lifetime achievement award. Mr. William R. Hambrecht is Founder, Chair- was created in order to help these young peo- Rusher was instrumental in the founding of man, and CEO of WR Hambrecht & Co., an ple enhance their life skills, increase their edu- YAF in 1960 around those set of principles investment banking, entrepreneurial invest- cational levels, improve their employment po- enunciated in the Sharon Statement, a great ment firm headquartered in San Francisco. In tential, and provide tools and experience for document explicating the philosophy of free- 1968, he co-founded Hambrecht & Quist success. dom. In addition, Mr. Rusher was instrumental which he headed until the late 1990s. Since 1993, over 27,800 at-risk youth have in many other important activities such as the William Hambrecht is a legendary trailblazer graduated from the program, and more than Draft Goldwater Committee and the National in investment banking. Through his ‘‘West 19,170 of the graduates received their high Review Magazine. Coast-style’’ investing, he has engineered school diploma or GED. The Youth ChalleNGe Mr. Speaker, I wanted to take this oppor- major success stories such as Genentech, Program helps 16 to 18 year-old male and fe- tunity to honor YAF as it prepares for its 41st Apple Computers, and Amazon.com. By bring- male high school dropouts complete their high year of training young men and women in the ing fresh ideas to the financial world such as school education; prepare for employment, philosophy of freedom and holds its National its innovative auction-style OpenIPOs, WR higher education, or a career in the military; Convention, as well as to offer my congratula- Hambrecht & Co. has been recognized as a and obtain the skills necessary to succeed in tions to these honorees. groundbreaking investing company. life. f His philanthropic work demonstrates his All troubled youth should have an oppor- HONORING CHAMPION WRESTLER concern for the community and the environ- tunity to turn their lives around and realize JOEL EDWARDS ment. He serves as a Director of Beacon Edu- success. Unfortunately, because of federal cation Management, an education manage- funding restraints, only 24 states and Puerto HON. CURT WELDON ment company. He also sits on the board of Rico can offer this program. In addition, of the KQED, San Francisco’s public television and OF PENNSYLVANIA states that offer the program, only 37 percent IN THE HOUSE OF REPRESENTATIVES radio station and is a trustee of the Sierra of interested young adults who have applied Club. have been able to participate because of the Thursday, July 19, 2001 William Hambrecht is dedicated to education lack of funding. Currently, federal law caps Mr. WELDON of Pennsylvania. Mr. Speaker, and business growth. He serves on the Advi- federal spending for the Youth ChalleNGe I would like to take a moment to congratulate sory Board of the Haas School of Business at

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A19JY8.047 pfrm01 PsN: E20PT1 July 20, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1385 UC Berkeley. As a member and former Chair- This leading border city whose people come illness, and disability. Also, President Chen man of the Council on Competitiveness, he is together when the mission or purpose calls is has urged the Taiwan legislature to consider committed to improving U.S. economic com- most deserving of this award. All the people drafting legislation to protect the rights of petitiveness and leadership in world markets. who participated in the award process are to women, children, the elderly, and the indige- The Council, composed of corporate CEOs, be commended. nous people, laborers, and soldiers. Clearly, university presidents, and labor leaders, fo- I ask my colleagues to join me in honoring there is a long way to go and human rights cuses on strengthening U.S. competitiveness the community of Brownsville on this out- work is a never ending effort. through innovation and technology. standing achievement. It is appropriate that we applaud Taiwan’s William Hambrecht is an inspiration and a f many efforts in upholding and maintaining friend to many. His brilliant leadership has human rights for its people. Taiwan is indeed changed the face of California business and TAIWAN PRESIDENT CHEN SHUI- fortunate to have its president as its foremost philanthropy. It is my honor to recognize the BIAN CHAMPIONS HUMAN RIGHTS human rights champion. achievements of my constituent, and to join f with his wife Sally and the Bay Area Council HON. DONALD M. PAYNE in acknowledging his contributions and on- OF NEW JERSEY PERSONAL EXPLANATIO)N going dedication to social justice and the ad- IN THE HOUSE OF REPRESENTATIVES HON. LUIS V. GUTIERREZ vancement of the Bay Area’s wellbeing. I ap- Thursday, July 19, 2001 plaud his commitment to his community and OF ILLINOIS cherish his friendship. Mr. PAYNE. Mr. Speaker, President Chen IN THE HOUSE OF REPRESENTATIVES f Shui-bian of Taiwan recently completed his Thursday, July 19, 2001 first year of service as head of state, and I BROWNSVILLE TEXAS IS ALL would like to take this occasion to congratulate Mr. GUTIERREZ. Mr. Speaker, I was un- AMERICAN CITY him and comment on a few of Taiwan’s avoidably absent from this Chamber when roll- achievements. call votes Nos. 206, 213, 214 were cast. I HON. SOLOMON P. ORTIZ Taiwan has long been a friend of the United want the RECORD to show that had I been OF TEXAS States. Over the last decades, Taiwan has present in this Chamber at the time these IN THE HOUSE OF REPRESENTATIVES made great strides towards becoming a model votes were cast, I would have voted ‘‘yes’’ on rollcall vote No. 206, ‘‘yes’’ on rollcall vote Thursday, July 19, 2001 of rapid political reform. Taiwan subscribes to the private enterprise system and offers its 213, ‘‘yes’’ on rollcall vote 214. Mr. ORTIZ. Mr. Speaker, I rise to share my people one of the highest standards of living f pride today in the beautiful South Texas city of in Asia. In terms of its trading relations with Brownsville which was chosen by the National IN HONOR OF AMBASSADOR us, Taiwan represents our seventh largest ex- Civic League and Allstate Insurance Company JAMES C. HORMEL port market, thus providing many jobs for our as an ‘‘All American City.’’ Brownsville was manufacturers. In addition, more than 30,000 one of 10 municipalities named All American Taiwan students are studying at U.S. colleges HON. NANCY PELOSI Cities. OF CALIFORNIA and universities. The U.S. is the number one This is a recognition for civic excellence IN THE HOUSE OF REPRESENTATIVES honoring communities where citizens, govern- destination for most of Taiwan travelers. Tai- Thursday, July 19, 2001 ment, businesses, non-profits and others dem- wan and the United States share many values onstrate successful partnerships to resolve in common such as attachment to freedom, Ms. PELOSI. Mr. Speaker, I rise today to critical challenges before the community. democracy, and human rights. pay tribute to a distinguished, accomplished Brownsville is a great example of this dy- One of the most notable feature of Presi- man who by devoting his life to public service namic. dent Chen’s administration is his championing has become a champion for social justice, a Brownsville’s unique location ‘‘On the Bor- of human rights. For many decades, human leader in his community, and an example of der by the Sea,’’ with its multi-cultural, histor- rights had been a taboo subject in Taiwan courage for us all. Today, Thursday, July 19 in ical and natural resources, is a good look at until Taiwan’s martial law was repealed in my district in San Francisco, the American what America will be, and should be, over the 1987. In recent years, the government has Civil Liberties Union will honor Ambassador next decades. It is a friendly city, populated by been cooperating with civic groups to recog- James C. Hormet with the 2001 On The Front- smart, visionary people which borders both the nize the government’s past mistakes and has line Award. He is most deserving of this award Gulf of Mexico and Mexico itself. taken concrete steps to help raise human and I am proud to acknowledge his contribu- Brownsville’s rich history includes: rights awareness. Under the sponsorship of tions on this occasion. Karankawa Indians, Spanish explorers, the Human Rights Foundation, in 1999 a Ambassador Hormel graduated from vaqueros (Mexican cowboys), ranchers, sol- monument was erected in Green Island, off Swarthmore College and received his J.D. diers, prospectors and present day captains of the southeast coast of Taiwan, opposite from the University of Chicago Law School business and industry. The City of Brownsville Taitung County. The monument was to help where he later served as the Dean of Stu- was incorporated in 1853, taking its name people remember the many victims who were dents. He also established the James C. from Fort Brown Post Commander Major imprisoned and died in Green Island, a noto- Hormel Public Service Program at the Univer- Jacob Brown. rious prison camp. To prevent future violations sity, which encourages law students to venture But of all the natural resources, easily the of human rights, Chen’s government has into public service. most valuable, most often-cited natural treas- made every effort to guarantee its people the Ambassador Hormel has spent a lifetime ure is the people of Brownsville themselves. most basic human rights—freedom of expres- fighting sexual orientation discrimination. He The nicest people I know live in the Rio sion, the right to assemble peacefully, and helped originate the Human Rights Campaign, Grande Valley. The life is easy, but the work freedom of association. There will be no more the country’s largest gay and lesbian political is hard. So often, the border area is seen by prisoners of conscience and no more organization. For the last two decades, Mr. both the United States and Mexico as a sepa- extrajudicial killings. Civil liberties are to be re- Hormet has assisted many local and national rate region, a place unto itself. spected at all times. AIDS organizations, including San Francisco But the people there find ways to deal with In his inaugural address delivered on May AIDS Foundation, Project Open Hand, AIDS the challenges that face them . . . the chal- 20, 2000, President Chen committed Taiwan Emergency Fund and Shanti Project. lenge of finding the water the community to upholding the Universal Declaration of In 1996, the San Francisco Public Library needs, keeping up with the rapidly-growing Human Rights, the International Covenant of opened the James C. Hormel Gay & Lesbian population, and supporting infrastructure for Civil and Political Rights, and the Declaration Center. Mr. Hormel’s generous donation the international trade that flows across the and Action Program of 1993 Vienna Con- kicked off a major fundraising campaign and U.S.-Mexico border. ference on Human Rights. In essence, Presi- created an endowment to ensure the center’s This bi-cultural city, which is big, but not too dent Chen believes that every citizen ought to continuing development. big, is a family oriented place of beauty. The enjoy the right to work, the right to freedom of Ambassador Hormel was nominated to unique plants and wildlife, resacas, proximity thought, conscience and religion, the right to serve as Ambassador to Luxembourg. Mr. to the beach and to the neighboring country of an education, the right to medical care, the Hormel lived in the glare of the spotlight but Mexico, all bring tourists to this area of the right to participate in elections, and the right to he did not shy away from the intense inspec- country in droves. social security in the event of unemployment, tion of his personal life. He remained graceful,

VerDate 112000 02:15 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A19JY8.051 pfrm01 PsN: E20PT1 E1386 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2001 poised and courageous. On June 29, 1999 PERSONAL EXPLANATION TRIBUTE TO JUDGE VIRGINIA MAE James Hormel was sworn in as U.S. Ambas- DAYS sador to Luxembourg by Secretary of State HON. JOHN B. LARSON Madeleine Albright, thus becoming the first OF CONNECTICUT HON. ZOE LOFGREN and only openly gay Ambassador in United IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA States history. He served his term with great IN THE HOUSE OF REPRESENTATIVES distinction. Mr. Hormel is an inspiration to us Thursday, July 19, 2001 Thursday, July 20, 2001 all. Mr. LARSON of Connecticut. Mr. Speaker, I I join Jim’s partner, Timothy Wu, and his rise today to state on the record that my vote Ms. LOFGREN. Mr. Speaker, I rise to con- five children, Alison, Anne, Diz, Sarah, and on Roll Call Vote 248 (final passage for H.R. gratulate Judge Virginia Mae Days, who is re- James Jr. in recognizing the achievements of 2500, Commerce, Justice, State Appropria- tiring after more than 20 years on the bench my constituent and dear friend, Ambassador tions for Fiscal Year 2002) did not register. I of the Santa Clara County Superior Court. James C. Hormel, and acknowledging his con- inserted my voting card into the machine and When Governor Edmund Brown Jr. appointed tributions and on-going commitment to human voted aye, but my vote did not register. This her in 1981, Judge Mae Days was the first rights, social justice and the betterment of our is the second time that this has occurred this Latina on the bench in Santa Clara County. A lifelong resident of the Bay Area, Virginia nation. year on the final passage of a bill, despite the Mae Days was bom in San Jose in 1934. She fact that my voting card was recently replaced served in the US Navy WAVES during the Ko- f after it would not work at all. While I realize rean War, earning both the National Defense that human error can be involved in this situa- TOM KNITTER LEAVES MILWAU- Service Ribbon and the Good Conduct Medal. tion, the fact that I was in the Chamber and KEE’S THOMAS MORE HIGH After the war, Judge Days attended the Uni- voting, and my card has malfunctioned so SCHOOL AFTER 33 YEARS versity of California at Berkeley for both her many times in the past, I think it is self-evident undergraduate and graduate years, earning that my vote should have been recorded as her law degree there in 1963. aye on Roll Call Vote 248 and I ask unani- HON. GERALD D. KLECZKA Judge Days’ long record of service to Santa mous consent that this statement appear after OF WISCONSIN Clara County includes 6 years as the mayor of Roll Call Vote No. 248 in the permanent CON- IN THE HOUSE OF REPRESENTATIVES Morgan Hill and terms on Santa Clara Coun- GRESSIONAL RECORD. Thursday, July 19, 2001 ty’s drug abuse commission, regional criminal justice planning board and human relations f Mr. KLECZKA. Mr. Speaker, I would like to commissions. Immediately prior to her appoint- publicly thank Mr. Tom Knitter, an outstanding TRIBUTE TO MATTHEW ment to the bench, Judge Days was the Direc- educator and community leader from my dis- ALEXANDER ENGEL tor of the California Department of Veterans trict, who is moving on to a new set of chal- Affairs. lenges and opportunities in California. HON. STEVE ISRAEL Throughout her tenure on the Court, Judge Tom Knitter first began teaching social stud- Virginia Mae Days has been a strong role OF NEW YORK ies and physical education at Pio Nono High model for the community. She summed this School in 1968. Ten years later, when Pio IN THE HOUSE OF REPRESENTATIVES philosophy up best in March of 2000 at a din- Nono merged with my alma mater, Don Thursday, July 19, 2001 ner honoring the groundbreaking women ju- rists of Santa Clara County: ‘‘The more the Bosco, Tom settled in at the newly formed Mr. ISRAEL. Mr. Speaker, it is with great bench reflects the community, the fairer the Thomas More High School, where he became pride that I rise today to recognize one of New process.’’ the assistant principal. With Tom as its wres- York’s outstanding young students, Matthew I want to thank Judge Mae Days for her tling coach from 1973 to 1982, the school Alexander Engel. The Boy Scouts of his troop many years of service to our community and brought home three state championships. In will honor him as they recognize his achieve- wish her nothing but the best in this next 1987 he was named principal of Thomas ments by giving him the Eagle Scout honor. phase of her life. More, and seven years later he became the Since the beginning of this century, the Boy school’s first president. Scouts of America have provided thousands of f Since that time Tom has worked tirelessly boys and young men each year with the op- IN HONOR OF HERBERT AND as the school’s chief executive officer. He has portunity to make friends, explore new ideas, MARION SANDLER been responsible for its strategic planning, de- and develop leadership skills while leaming velopment, finances, and marketing for the self-reliance and teamwork. HON. NANCY PELOSI better part of a decade. On July 21, 2001, This award is presented only to those who OF CALIFORNIA Tom celebrates his 33-year association with possess the qualities that make our nation IN THE HOUSE OF REPRESENTATIVES Thomas More High School, and says good- great: commitment to excellence, hard work, bye, as he leaves for a position with Garces and genuine love of community service. Be- Thursday, July 19, 2001 High School in Bakersfield, California. coming an Eagle Scout is an extraordinary Ms. PELOSI. Mr. Speaker, I rise to salute Tom is leaving behind many friends, memo- award with which only the finest Boy Scouts Herbert and Marion Sandler for their long- ries, and most importantly, many lives that are honored. To earn the award—the highest standing at entrepreneurial and philanthropic were touched by his unparalleled dedication to advancement rank in Scouting—a Boy Scout commitment to the San Francisco community. molding today’s students of Thomas More must demonstrate proficiency in the rigorous Today, Thursday, July 19 in my district, Her- High School into tomorrow’s leaders. The peo- areas of leadership, service, and outdoor bert and Marion Sandler will be inducted into ple of Bakersfield are privileged to gain the skills. the Bay Area Business Hall of Fame. They are services of a talented educator with such a I ask my colleagues to join me in congratu- most deserving of this honor and I am proud passion for his work. lating the recipients of these awards, as their to acknowledge their contributions on this oc- The void left by the departure of Tom and activities are indeed worthy of praise. Their casion. Josie, his wife of 30 years, will not be easily leadership benefits our community and they Herbert and Marion Sandler co-founded filled. In addition to his responsibilities as the serve as role models for their peers. Golden West Financial Corporation in Oak- head of a National Blue Ribbon School, he Also, we must not forget the unsung heroes, land, California in 1963. As Chief Executive has worked with groups such as the Healthier who continue to devote a large part of their Officers and Chairmen of the Board, they have Communities Initiative, the Archdiocese of Mil- lives to make all this possible. Therefore, I sa- had phenomenal success in building Golden waukee Marketing Committee, and the Na- lute the families, scout leaders, and countless West Financial into a Fortune 500 company. tional Catholic Education Association. others who have given generously of their With 420 offices and $57 billion in assets, it is And so, it is with both great appreciation time and energy in support of scouting. the third largest savings and loan in the coun- and sadness that I join the entire community It is with great pride that I recognize the try today. at Thomas More High School in thanking Tom achievements of Mr. Engel, and bring the at- Marion Sandler has been recognized by Knitter for his 33 years of exemplary service, tention of Congress to this successful young Fortune Magazine as one of the most powerful and wishing him all the best in his future en- man on his day of recognition. Congratulations women in business today. By being one of the deavors. to Matthew and his family. first women to break through the Fortune 500

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A19JY8.055 pfrm01 PsN: E20PT1 July 20, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1387 glass ceiling, her accomplishments are an in- fies our need to continue with vigorous testing forms by working together through peaceful spiration to businesswomen everywhere. Gold- as we aggressively move forward with matur- means to influence their friends and neighbors en West Financial Corporation has the signifi- ing our ballistic missile defense capabilities. and building support for change. cant distinction of being one of the very few We must continue to develop, test and fund We Americans fight for change at the ballot major companies with more women on its missile defense technologies to create a de- box and in the halls of legislatures—not with Board of Directors than men. fensive system to protect this nation and our incendiary devices and pipe bombs. Herbert Sandler serves on numerous advi- allies against missile threats worldwide. Mr. Mr. Speaker, unfortunately violent acts in sory boards sharing his expertise with others. Speaker, I yield back the balance of my time. the name of protecting the environment are He was elected to the Board of Directors of f growing in alarming numbers throughout the the Federal Home Loan Bank of San Fran- western United States. Earlier this month I vis- cisco. He also serves as a member of the TRIBUTE TO DEBBY O’CONNOR ited a timber company facility in Monmouth, board of directors of the Success for All Foun- Oregon that had been burned down in an dation and of the Center For Real Estate and HON. GARY G. MILLER arson perpetrated by the Earth Liberation Urban Economics of the University of Cali- OF CALIFORNIA Front. fornia at Berkeley. IN THE HOUSE OF REPRESENTATIVES In the Monmouth attack, which roused fire- fighters out of bed on Christmas morning, the The Sandlers are committed to philanthropy Friday, July 20, 2001 and community activism. Through the Sandler arson caused the roof to collapse only minutes Family Supporting Foundation, they support Mr. GARY G. MILLER of California. Mr. after those who were fighting the fire pulled nonprofit and community organizations in the Speaker, I rise to pay tribute and honor the out. Paul Evans, the mayor of Monmouth and Bay Area and nationwide. Among the numer- accomplishments of Debby O’Connor of Dia- a volunteer firefighter who fought the blaze ous recipients of their generosity are the mond Bar, California. that Christmas day, told me he narrowly es- Sandler Program for Asthma Research, the Mrs. O’Connor served as Mayor of the City caped injury or death in the fire. Ironically, Human Rights Center at the University of Cali- of Diamond Bar for the year 2000. In that po- Paul, who is now serving a military tour of fornia at Berkeley, and the National Women’s sition she demonstrated civic leadership, re- duty in the Persian Gulf, was probably in more Law Center. They also fund many research sponsibility and deep personal commitment to danger in his own town than he now is in Ku- grants in the fields of medicine and social her community. She previously served as wait. work. In addition, Herbert and Marion have do- Mayor Pro Tem, and served a two-year term Mr. Speaker, these are not victimless nated generously to worthy causes such as on the Parks and Recreation Commission. crimes, and they must be halted. That is why Human Rights Watch. Mrs. O’Connor is Co-Chair of the City Com- I’m introducing the Environmental Terrorism It is with personal and civic pride that I cele- munity/Civic Task force. She is the City of Dia- Reduction Act. brate with my dear friends on this festive oc- mond Bar’s voting delegate on the Wildlife The most challenging aspect of these casion. The Sandler’s dedication to the people Corridor Conservation Authority and on the crimes is that the perpetrators have been dif- of the Bay Area has had a significant, lasting San Gabriel Valley Economic Partnership of ficult to apprehend, leaving most of these effect on Californians. Their service to our Commerce and Cities. She is one of the City crimes unsolved because with limited re- country and our community is indeed a cause Council’s liaisons to the volunteer planning sources and manpower, local law enforcement for celebration. committee behind the City’s successful anni- officials have little success closing these f versary celebrations and, is also very involved cases. with the Diamond Bar Community Foundation. The Environmental Terrorism Reduction Act PERSONAL EXPLANATION In addition to her Council duties, she has closes this gap by requiring the Attorney Gen- demonstrated her long time support and con- eral to establish a national clearinghouse for HON. CHRISTOPHER SHAYS cern for the community by being actively in- information on incidents of eco-terrorism to OF CONNECTICUT volved in the Friends of the Diamond Bar Li- help investigators stay ahead of the curve in IN THE HOUSE OF REPRESENTATIVES brary, Diamond Bar Improvement Association, preventing additional acts of terror. Lorbeer Middle School PTSA, Diamond Ranch In addition, this bill establishes the Environ- Thursday, July 19, 2001 High School Boosters and Diamond Point Ele- mental Terrorism Reduction Program in the Mr. SHAYS. Mr. Speaker, during recorded mentary School Safety Site and Technology Department of Justice. This program would vote 248, on final passage of H.R. 2500, the committees. She is a youth soccer referee and authorize the Attorney General, upon consulta- Departments of Commerce, Justice, and State board member for the Region 311, American tion with the heads of Federal, State, and local Appropriations Act for Fiscal Year 2002, a Youth Soccer Organization. Mrs. O’Connor law enforcement agencies and the Governor technical error resulted in my vote not being has been a dedicated fundraiser for the Dia- of each applicable State, to designate any recorded. mond Bar/Walnut YMCA since 1996, and has area as a high intensity environmental ter- I had intended to vote ‘‘yes’’ on this meas- also served on the board for the Diamond Bar rorism area. After making such a designation ure. Community Nursery School and Diamond local law enforcement agencies could access f Point Swim and Racquet Club. funding to assist them in solving and pre- Mrs. O’Connor’s leadership in strong eco- venting these types of crimes in the future. TRIBUTE TO THE BALLISTIC nomic development programs and her impres- Mr. Speaker, I believe the provisions in the MISSILE DEFENSE ORGANIZATION sive record of civic and volunteer community Environmental Terrorism Reduction Act will involvement have earned the admiration and greatly aid our communities and industries that HON. SILVESTRE REYES respect of those who have had the privilege of are vulnerable to eco-terrorism. It is high time OF TEXAS working with her. I would like to congratulate the federal government addressed this situa- IN THE HOUSE OF REPRESENTATIVES Debby O’Connor on these accomplishments tion, and I urge my colleagues to join me in Friday, July 20, 2001 and thank her for her outstanding service to sponsoring this measure and enacting it into her community. law. Mr. REYES. Mr. Speaker, I rise today to f f congratulate the men and women of the Bal- listic Missile Defense Organization for the suc- ENVIRONMENTAL TERRORISM INTRODUCTION OF COLORADO cessful ballistic missile defense test that took REDUCTION ACT SCHOOL LANDS BILL place late Saturday night over the Pacific Ocean. The first success since 1999, the bal- HON. DARLENE HOOLEY HON. MARK UDALL listic missile interceptor that shot down a OF OREGON OF COLORADO dummy warhead used a ‘‘hit to kill’’ technology IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and was able to destroy its target hundreds of miles away from launch point. This test dem- Friday, July 20, 2001 Friday, July 20, 2001 onstrates our commitment to defending Ms. HOOLEY of Oregon. Mr. Speaker, Mr. UDALL of Colorado. Mr. Speaker, I am against the threat of Intercontinental Ballistic America has a long tradition of civic activism. today introducing a bill to modify the 1875 Missile launches and once again shows that From the anti-slavery movement to women’s Act—usually referred to as the Colorado Ena- this ‘‘bullet to bullet’’ method of target destruc- suffrage to the civil rights era, citizen activists bling Act—that provided for admission of tion is technologically feasible. Further, it justi- have accomplished many important social re- Colroado to the Union. The bill is cosponsored

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by my colleague, Representative DEGETTE. I reational land. Emerald Mountain forms the with this flag have missed its presence. As greatly appreciate her support. scenic backdrop to Steamboat Springs. one person stated, ‘‘People love it when they The purpose of this bill is to remove any In 1996, Colorado voters put Amendment 16 notice it, and they notice when it’s gone.’’ in the state Constitution, aiming to give the And the people who love this symbol, not possible conflict between a decision of the State Land Board, which manages the school people of Colorado and that original federal lands, flexibility to preserve open space and just the people in my district who give direc- legislation under which some 3 million acres of wildlife habitat, as well as support public tions to their homes based on the shopping federal lands were granted to our state. education. The amendment told the land center flag, but people all over the country will In granting the lands to Colorado, Congress board to set aside 300,000 acres of the 3 mil- notice when their symbol is destroyed. We provided that they were to be used as a lion school acres as a Stewardship Trust. have traditional codes and customs that en- source of revenue for the public schools—and Note that 90 percent of the school acres still courage utmost respect for the American flag, for many years they were managed for that raise money for education. yet we have never protected this symbol with But soon after the amendment’s passage, a the strength of our laws. We have sent sol- purpose. federal court firmly said the land board is However, over the years the revenue de- obligated always to fund schools first, under diers to wars who fought and sometimes died rived from these lands has become a less and the federal law that granted Colorado state- in defense of the flag, carrying it honorably less significant part of the funding for Colo- hood. That means the State Land Board and proudly into battle. We have erected rado’s schools, while there has been an in- might have to accept profitable offers even monuments all over this country and around creasing appreciation of the other values of on lands now in the Stewardship Trust. the world that fly the American flag. We have these lands. Clearly, public school funding is of utmost placed the American flag on places where As a result, in 1996 the people of Colorado importance. But taken together, the court Americans have claimed victory in battle and decsision and statehood act mean the Stew- scientific achievement, including one place voted to amend our state constitution to permit ardship Trust that voters thought they were part of these school trust lands to be set aside putting in place might prove ephemeral. In- that is not even on this Earth. I ask the Mem- in a ‘‘stewardship trust’’ and managed to pre- stead of preserving the cherished 300,000 bers to consider what protest would be pro- serve their open space, wildlife and other nat- acres, Amendment 16 simply may have run found, what speech should be protected and ural qualities. up their utlimate real estate development what principle is to be defended if the Amer- To assure that this decision of the voters value. ican flag flying over the Iwo Jima memorial is can be implemented, my bill would amend the To solve the problem, Colorado must ask burned, or the flag flying over the Memorial at original Colorado Enabling Act to eliminate the Congress to amend our statehood act. The 10 Normandy, or the flag that adorns the casket percent of state lands held in the Steward- of a fallen soldier, or the flags that fly proudly requirement that the state must raise revenue ship Trust then could be permanently set from the school-trust lands that are set aside aside. over our international embassies, or the flag for their natural resource values and qualities. However, the state could only ask the fed- that flies in a shopping center in my district of Similar legislation has been introduced by eral government to do so if the legislature El Paso, Texas. People will certainly notice it other Members of Colorado’s delegation in the guaranteed an equally secure funding source when it is gone. Congress. However, those bills include a spe- for public education. Mr. Speaker, the brilliance of our constitu- cific limit on the acreage that could be placed Moreover, the Stewardship Trust will work tional laws is that they are amendable, they in the stewardship trust. in the long run only if the legislature also can change with the will of the people. And I patches an obvious and troubling gap in believe and encourage that the will of Con- The 1996 state legislation does set such a Amendment 16, which we’ll discuss tomor- limit. I supported that part of the state legisla- row. gress is to finally protect the symbol that flies tion. However, I think that whether that limit over this House. should be retained or revised should be de- f f cided solely by the people of Colorado, and CONSTITUTIONAL AMENDMENT not determined by Congress. So, the bill I am INTRODUCTION OF THE EXPORT AUTHORIZING CONGRESS TO ADMINISTRATION ACT OF 2001 introducing today does not include a specific PROHIBIT PHYSICAL DESECRA- acreage limit. That would be left to Colorado TION OF THE FLAG OF THE law to control. UNITED STATES HON. BENJAMIN A. GILMAN Mr. Speaker, Colorado is experiencing rapid OF NEW YORK population growth. That is putting increasing SPEECH OF IN THE HOUSE OF REPRESENTATIVES pressure on all our undeveloped lands. In re- Friday, July 20, 2001 sponse, the people of Colorado have voted to HON. SILVESTRE REYES allow some of these school-grant lands to re- OF TEXAS Mr. GILMAN. Mr. Speaker, I have today in- main as open spaces to be managed for their IN THE HOUSE OF REPRESENTATIVES troduced the ‘‘Export Administration Act of 2001’’, H.R. 2581. wildlife and other natural resources and val- Tuesday, July 17, 2001 ues. This bill will keep faith with that decision This bill is identical to counterpart legislation Mr. REYES. Mr. Speaker, I rise today in by our votes by removing any conflict with fed- that has been reported by the Senate Com- support of House Joint Resolution 36, pro- eral law. I will do all I can to press for its mittee on Banking, Housing, and Urban Af- posing an amendment to the Constitution of speedy enactment. fairs, S. 149, except that it includes two addi- the United States authorizing Congress to pro- For the information of our colleagues, I sub- tional sections relating to nuclear transfers to hibit the physical desecration of the United mit a recent newspaper editorial on this sub- North Korea. These additional sections are States flag. I urge all Members to support this ject: substantively identical to legislation that Con- resolution. This is a positive step toward finally gressman ED MARKEY and I introduced last [From the Denver Post, May 28, 2001] taking necessary accountability in protecting year, H.R. 4251 (106th Congress), the ‘‘Con- ENABLE LAND-BOARD FIXES the integrity and sanctity of our most precious gressional Oversight of Nuclear Transfers to Disputes over State Land Board deals arise national symbol. North Korea Act of 2000’’. partly because the board’s narrow mandate I understand that this issue has experienced H.R. 4251 was intended to ensure that con- may no longer fit Colorado’s needs. But al- years of contentious debate involving constitu- gress will be fully involved in the decision our tering the board’s focus literally may take tional challenges. Rather than focus on these nation may have to make in several years to an act of Congress. As Uncle Sam welcomed new states into arguments, I would rather take this time to either permit or delay the transfer to North the union, the federal government set aside share parts of a story written in my local Korea of key components for the two light entire sections of land to raise money for newspaper, the El Paso Times. The story con- water nuclear reactors that are being built in public education through grazing leases, cerns a local shopping center that proudly flies North Korea pursuant to the 1994 Agreed mineral rights, etc. The federal law that a 30-by-30 foot American flag that has re- Framework with North Korea. H.R. 4251 com- granted Colorado statehood in 1876, called cently been taken from its flag pole for the first manded broad bipartisan support in the House the Enabling Act, included a similar provi- time in several years in order to have its wind- of Representatives and was approved on May sion. torn, tethered appearance repaired so that it 15, 2000, by a vote of 374–6. Regrettably, the But during the past 125 years, Colorado has found other ways to fund public education. may return with a new and fully restored ap- Senate did not approve H.R. 4251 before final Colorado’s school acres now supply less than pearance. Since its removal, motorists and pe- adjournment of the 106th Congress last year. 2 percent of the state’s annual K–12 budget. destrians, inhabitants of the neighborhood of Last year’s vote demonstrates that the two Today, some school sections offer tremen- where the flag resides, tourists and travelers, additional sections I have added to the text of dous public value as open space or rec- every single person that has come in contact S. 149 are essentially non-controversial. I

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JY8.004 pfrm01 PsN: E20PT1 July 20, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1389 have included them in the text of the bill I am Peace in this region cannot happen without to be separated from family. We have seen introducing today because they relate the con- committed and sustained U.S. leadership, many tremendous changes around the world trol of dual-use exports and should, in my which is why I am heartened that President in the last several years; it is now time to add opinion, be included in any Export Administra- Bush, like his predecessor President Clinton, Cyprus to the list of places where peace and tion Act enacted this year. is committed to working towards the reunifica- freedom have triumphed. I would note that I have based the bill I am tion of Cyprus. He recently stated (and I f introducing today on S. 149 because that quote): ‘‘I want you to know that the United measure commands strong support in the States stands ready to help Greece and Tur- IN HONOR OF BISHOP MARTIN Senate and elsewhere. I have reservations key as they work to improve their relations. I’m JOHN AMOS about certain aspects of the Senate bill, how- also committed to a just and lasting settlement ever, and accordingly anticipate that I will sup- of the Cyprus dispute.’’ HON. DENNIS J. KUCINICH port some amendments to this legislation as it I was also encouraged to read last week OF OHIO moves forward in the legislative process. that the European Union considers the status IN THE HOUSE OF REPRESENTATIVES quo in Cyprus unacceptable and has called on f Friday, July 20, 2001 the Turkish Cypriot side to resume the U.N.- PERSONAL EXPLANATION led peace as soon as possible with a view to Mr. KUCINICH. Mr. Speaker, I rise today in finding a comprehensive settlement. honor of Bishop Martin John Amos. He was HON. SUE WILKINS MYRICK Now is the time for a solution. More than made a Bishop in the Cathedral of Saint John OF NORTH CAROLINA twenty years ago, [in 1977 and 1979] the lead- the Evangelist in Cleveland, Ohio on June 7, IN THE HOUSE OF REPRESENTATIVES ers of the Greek and Turkish Cypriot commu- 2001. His tremendous faith and giving nature Friday, July 20, 2001 nities reached two high level agreements have brought hope and joy to many lives. which provided for the establishment of a Son of William and Mary Amos, Bishop Mrs. MYRICK. Mr. Speaker, since I was un- bicommunal bizonal federation. Even though Amos’s life began on December 8, 1941 in expectedly called away from the Capitol, I was these agreements were endorsed by the U.N. Cleveland. After graduating from James Ford unable to participate in the following votes. If Security Council Resolution 649 of 1990, there Rhodes High School, he attended Borromeo I had been present, I would have voted as fol- has been no action on the Turkish side to fill Seminary in Wickliffe and St. Mary Seminary lows: in the details and reach a final agreement. In- in Cleveland. Following this period of spiritual July 17, 2001: stead, for the last 27 years, there has been a growth and learning, Bishop Amos was or- Rollcall vote 233, on H. Amdt. 169 to H.R. Turkish Cypriot leader presiding over a regime dained on May 25, 1968 in St. John Bosco 2500, increasing funding by $11.7 million for recognized only by Turkey and condemned as Parish of Parma Heights, Ohio. the methamphetamine lab seizures program ‘‘legally invalid’’ by the U.N. Security Council Thirty-three years later, Bishop Amos was by the DEA, I would have voted ‘‘nay.’’ ordained as Auxiliary Bishop of Cleveland and Rollcall vote 234, on H. Amdt. 170 to H.R. in resolution 541 (1989) and 550 (1984). Cyprus has been divided by the green Titular Bishop of Meta on June 7, 2001 in the 2500, increasing funding for the Economic De- line—a 113-mile barbed wire fence that runs Cathedral of Saint John the Evangelist. In the velopment Administration by $73 million, I across the island and Greek-Cypriots are pro- interim, he served many distinguished roles in would have voted ‘‘nay.’’ hibited from visiting the towns and commu- the Catholic Church in the Cleveland area. He Rollcall vote 235, on H. Amdt. 171 to H.R. nities where their families have lived for gen- was Assistant or Associate Pastor at various 2500, striking Section 103 from the bill which erations. With 35,000 Turkish troops illegally churches and served as an instructor and As- prohibits the use of funds to pay for abortions stationed on the island, it is one of the most sistant Principal at Borromeo Seminary High services in federal prisons, I would have militarized areas in the world. This situation School. Friends, I am sure that you will agree ‘‘nay.’’ July 18, 2001: has also meant the financial decline of the that there are few honors greater than that of Rollcall vote 236, on approving the Journal, once rich northern part of Cyprus to just one teaching. Bishop Amos has most recently held I would have vote ‘‘yea.’’ quarter of its former earnings. Perhaps the the position of Pastor at St. Dominic Parish in Rollcall vote 237, on the motion to disagree single most destructive element of Turkey’s Shaker Heights for the past sixteen years. to the Senate amendment and agree to a con- fiscal and foreign policy is its nearly 27 year My distinguished colleagues, please join me ference on H.R. 1, I would have voted ‘‘yea.’’ occupation of Cyprus. in honoring this outstanding citizen of Ohio. Rollcall vote 238, on the motion to table the We now have an atmosphere where there is His spiritual leadership throughout his life will motion to instruct conferees to H.R. 1, I would no valid excuse for not resolving this long- serve him well as a Bishop. have voted ‘‘yea.’’ standing problem. Cyprus is set for accession f to the European Union in 2004, and I am f hopeful that this reality will act as a catalyst TRIBUTE TO TRINITY SENIOR, IN RECOGNITION OF THE 27TH for a lasting solution of the Cyprus problem. AMANDA RIVAL, NCAA DIVISION BLACK ANNIVERSARY OF CYPRUS EU membership for Cyprus will clearly pro- III HEPTATHLON CHAMPION vide important economic, political, and social HON. CAROLYN B. MALONEY benefits for all Cypriots, both Greek and Turk- HON. JOHN B. LARSON OF NEW YORK ish alike. This is why both sides must return OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES to the negotiating table without any conditions. IN THE HOUSE OF REPRESENTATIVES There is also a new climate of cooperation be- Friday, July 20, 2001 Friday, July 20, 2001 tween Turkey’s Ismail Cem and Greece’s Mrs. MALONEY of New York. Mr. Speaker, George Pappandreou is a positive sign. More Mr. LARSON of Connecticut. Mr. Speaker, it is my distinct honor and privilege to com- has been achieved in a year than what has today I pay tribute to Trinity College senior memorate the 27th anniversary of the 1974 il- been achieved in the past 40 years, but his Amanda Rival of Berlin, Connecticut. On May legal Turkish invasion of Cyprus. I have com- cooperation needs to extend to the resolution 25, 2001, Rival won the heptathlon in the Na- memorated this day each year since I have of the Cyprus occupation. While the U.S., the tional Collegiate Athletic Association (NCAA) become a Member of Congress and unfortu- EU, Greece and Cyprus have all acted to ac- Division III Outdoor Track and Field Cham- nately, each year the occupation continues. commodate Turkish concerns, however, it re- pionships, Rival won with 4,603 points, edging The continued presence of Turkish troops rep- mains to be seen whether Turkey will put out the competition by 24 points. resents a gross violation of human rights and pressure on Rauf Denktash to bargain in good This is the latest, and perhaps the most international law. faith. And make no mistake about it, if Turkey prestigious award that Amanda Rival has re- Since their invasion of Cyprus in July of wants the Cyprus problem resolved, it will not ceived in the years that she has dedicated to 1974, Turkish troops have continued to oc- let Denktash stand in the way. athletics. As a student at Berlin High School, cupy 37% of Cyprus. This is in direct defiance Now is the time for a solution to the Cyprus she won numerous state titles and set many of numerous United Nations resolutions and problem. It will take diligent work by both school records. She also concluded her suc- has been a major source of instability in the sides, but with U.S. support and leadership, I cessful youth career, by winning the Con- eastern Mediterranean. Recent events, how- am very hopeful that we will reach a peaceful necticut High School State Open in the long ever, have created an atmosphere where and fair solution soon. Twenty-seven years is jump and high jump events. there is now no valid excuse to avoid resolv- too long to have a country divided. It is too Amanda Rival continued her success in the ing this long-standing problem. long to be kept from your home. It is too long track and field arena throughout her college

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JY8.007 pfrm01 PsN: E20PT1 E1390 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2001 years. In indoor tack, she was a four time All- doing, we are not only protecting Hispanics, The draft report lays the public relations New England pentathlete, a three time All- but all Americans. We must pass the bipar- groundwork for a campaign to change the Eastern College Athletic Conference (ECAC) tisan Patients’ Bill of Rights and return medical fundamental nature of Social Security. It ar- selection, and the winner of the New England gues for turning Social Security into a sys- decision to patients and their doctors. tem of wealth-building. But Social Security Pentathlon Championship title for the past Again, I encourage my colleagues to sup- was designed to provide income protection three years. Amanda was also extremely suc- port this important legislation. and a floor of financial security. For many, cessful in outdoor track. She was a three time f especially women and minorities, Social Se- All-New England selection, a two time All- curity is the only income-protection they NESCAC selection, and an All-ECAC member AARP CRITICIZES BUSH SOCIAL will have, providing them with a lifetime, in 1999. Amanda Rival also competed well SECURITY PRIVATIZATION PLAN guaranteed benefit that is adjusted annually enough to earn All-American honors in 1999. for inflation. The report ignores the fact This year, Rival recorded the team’s season HON. JANICE D. SCHAKOWSKY that other vehicles currently exist for best results in the shot put, long jump, high wealth-building through personal savings OF ILLINOIS and employer provided pensions. jump, javelin, 100-meter high hurdles and the IN THE HOUSE OF REPRESENTATIVES Individual accounts do not address Social 200-meter dash. Friday, July 20, 2001 Security’s long-term financing issues. Add- In addition to her many athletic achieve- on accounts—which have merit—can add ments, Amanda Rival has also thrived as a Ms. SCHAKOWSKY. Mr. Speaker, Next value on top of Social Security, but taking student at Trinity College. She was acknowl- week, the President’s handpicked Social Se- money from workers’ Social Security con- edged for her success as a student-athlete by curity Commission will issue an interim report, tributions to fund new private accounts only receiving the prestigious Trinity Club of Hart- a version of which is already circulating worsens Social Security’s ability to pay to- ford award this year. Amanda also received among Commission members, the media and day’s retirees and advances the date of insol- vency. Trinity’s award for architecture for her aca- Social Security experts. Social Security is the bedrock of our na- demic achievements in that field of study. It is disappointing, but far from unexpected, tion’s income security system. To preserve Amanda Rival graduated from Trinity College that the interim report is attempting to ‘‘spin’’ this benefit for future generations, the Com- this past spring with a 3.0 G.P.A. the American public by claiming that there is mission should focus on all potential options I commend Amanda Rival for the determina- a ‘‘crisis’’ in Social Security. The Commission and tradeoffs, rather than a narrow and fun- tion and dedication she has shown throughout and the Bush Administration are laying the damental restructuring of the program. The her life as a student-athlete. I urge my col- groundwork for next fall’s final report, which sooner the nation begins to address the pro- leagues to join me in wishing her nothing but will call for privatization and individual retire- gram’s long-term financing needs, the more moderate the changes that are needed and the best of luck in the next chapter of her life, ment accounts. as I am sure she will continue to maintain a the more time provided for those affected to Privatizers are trying to claim that the sky is adjust their plans. strong work ethic throughout her life. falling—the only way that they can justify the f drastic changes that they are proposing. But f SUPPORT OF THE PATIENT BILL the facts are different. Even without any INTERNET GAMBLING PAYMENTS OF RIGHTS IN ORDER TO IM- changes, Social Security will be able to pay PROHIBITION ACT PROVE QUALITY OF HEALTH full benefits through 2038 and, after that, it will CARE FOR HISPANICS be able to pay 73 percent of benefits. Mod- HON. JOHN J. LaFALCE erate changes are needed but not a privatiza- OF NEW YORK tion plan that will take $1 trillion out of the IN THE HOUSE OF REPRESENTATIVES HON. SILVESTRE REYES Trust Fund and reduce future benefits by up to OF TEXAS 54 percent. It’s also reasonable to ask Presi- Friday, July 20, 2001 IN THE HOUSE OF REPRESENTATIVES dent why, if he thinks the situation is so dire, Mr. LAFALCE. Mr. Speaker, two years have Friday, July 20, 2001 he decided to give a $1.7 trillion tax break, the passed since the Congressional-mandated Mr. REYES. Mr. Speaker, every American is majority of which goes to the wealthiest Ameri- National Gambling Impact Study Commission concerned with good health and accessing cans, before taking steps to protect Social Se- released its final report on gambling in the quality health care. However, far too many curity. United States. A major recommendation of the Americans including many Hispanics do not I want to draw my colleagues’ attention to a report, adopted unanimously by the Commis- have adequate health care options. When statement by AARP on the interim plan, which sion, was a Federal prohibition on Internet Health Maintenance Organizations, HMOs, I think says it best: the Commission is out of gambling. The Commission determined that were first introduced, they were promoted as the ‘‘mainstream’’ and the interim report is just the traditional approach of state regulation of cost-saving revolutions in preventative health a ‘‘public relations’’ ploy to undermine the gambling was inadequate to address the prob- care. However, what subscribers did not an- basic guarantee of Social Security that will lem of Internet gambling and that Federal leg- ticipate is that their health care options would lead to ‘‘a dramatic overhaul of Social Security islation was needed. be restricted. It is dangerous for health related that would lead to cuts in guaranteed benefits The bill I am introducing today, the ‘‘Internet decisions to be taken away from doctors and and shift financial risk to individuals.’’ Gambling Payment Prohibition Act,’’ seeks to implement this important Commission rec- health care professionals and assigned to STATEMENT BY AARP EXECUTIVE DIRECTOR HMOs, insurance companies, and corporate WILLIAM D. NOVELLI ON THE DRAFT INTERIM ommendation. However, it does not propose bureaucrats. SOCIAL SECURITY COMMISSION REPORT an outright prohibition of Internet gambling, With 37 percent of the Hispanic population WASHINGTON, July 19.—The following is a since outright prohibition presents significant lacking health insurance, access is a huge statement by AARP Executive Director Wil- technical and enforcement difficulties. Instead, issue. However, access to coverage does not liam D. Novelli on the Draft Interim Social the bill would restrict the electronic payments always translate into access to quality health Security Commission Report: that permit online betting and, thus, make care. Many Latinos with health insurance ex- The President’s Social Security Commis- Internet gambling possible. Regulation of elec- perience numerous barriers to quality health sion continues to work toward a predeter- tronic payment transfers and the most tradi- care. Anyone who deals with the bureaucracy mined outcome—a dramatic overhaul of So- tional check clearance system are Federal re- cial Security that would lead to cuts in guar- of managed care plans knows that it is anteed benefits and shift financial risk to in- sponsibilities that, in my view, offer the most daunting; for those with limited English skills, dividuals. effective means to address the unique chal- it is overwhelming. Two-thirds of privately-in- Today’s draft interim report puts forward lenges of Internet gambling. sured Latinos are enrolled in managed care, a fundamentally flawed and biased view of Any American with a computer and a credit while only about half of privately-insured the nature and purpose of Social Security. It card can find numerous opportunities for high Whites are in managed care. Hispanics are implies that the program is riskier than pri- stakes gambling on the Internet. The number thus, more likely to be the victim of care de- vate investment. It recycles old alarmist ar- of Internet gambling sites has grown geometri- layed, or more even disturbing, care denied. In guments that portray the financial shape of cally in recent years. The Internet Gaming Social Security in the worst possible light. addition, Hispanics are more likely to have lim- The rhetoric in the report demonstrates how Council has identified some 1,400 web sites ited provider options and limited treatment op- far outside the mainstream the Commission that entice people to engage in some form of tions. appears to be headed, referring to Social Se- gambling. The typical Internet gambling site or We must enact patient protections for all curity as a ‘‘novelty’’ and calling the system virtual casino operates from locations outside Americans in managed care plans. In so ‘‘broken.’’ the United States, in places such as Antigua

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JY8.011 pfrm01 PsN: E20PT1 July 20, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1391 or the Netherlands Antilles that impose little some form of credit, debit or stored value SUPPORT FOR H.R. 1954 regulatory scrutiny other than collecting licens- cards to make on-line bets. Banks and credit ing fees. And Internet gambling is proving to card companies have aggressively marketed HON. LORETTA SANCHEZ be extremely lucrative for both site operators credit cards on college campuses for years OF CALIFORNIA and their host countries. Between 1999 and and have recently initiated new programs to IN THE HOUSE OF REPRESENTATIVES 2001, combined annual revenues received by market stored-value cards to high school aged Internet gambling sites nearly tripled, from youth. Friday, July 20, 2001 $1.3 billion to $3.1 billion. Industry experts ex- While youth involvement in sports betting Mr. SANCHEZ. Mr. Speaker, I rise today in pect annual revenues to double to more than and other forms of gambling has increased in strong support of H.R. 1954 which extends the $6 billion by 2003. recent years, the heightened accessibility of Iran and Libya Sanctions Act until 2006. I The problems presented by these lucrative Internet gambling, the ability to gamble in pri- have previously co-sponsored similar legisla- and poorly regulated Internet gambling oper- vate and the ability to gamble with credit cards tion and remain an advocate of trade sanc- ations are numerous. There is no meaningful all place teenagers at greater risk. A young tions on Iran and Libya. I look forward to the way to limit participation in gambling by ado- person sitting alone at home or in a college President’s report in 18 months on the effec- lescents or by problem gamblers. There is no dormitory can gain access to hundreds of tiveness of these actions. I am also extremely assurance as to the integrity of the web site gambling sites and can easily run up the credit interested in examining the impact of this law operators or the honesty of their games. There line on their own or their parent’s credit cards on humanitarian interests and on national se- are little or no protections against security on games that appear little different than the curity, foreign policy, and the economic inter- breaches, hacking, diversion of credit card computer card games they have played for ests of the United States. Again, Mr. Speaker, payments or identity theft. And there is a years. What seems an easy opportunity to win I want to affirm my strong support of H.R. strong chance that many off-shore gambling a big jackpot could result in financial losses 1954 to extend the Iran and Libya Sanctions operations will be used as part of money laun- that could harm their families and destroy their Act for an additional 5 years and look forward future plans. dering and other criminal operations. to its favorable consideration by this body. The issue Congress must address is how Perhaps my greatest concern with Internet f gambling is the fact that the problems created we can protect our nation’s youth from the by compulsive gambling, which in the past growing availability and potential negative con- IN RECOGNITION OF TIMOTHY were largely localized to areas with legal gam- sequences of Internet gambling. To me, the JOHN LYNCH, SR. answer is simple. We cut off Internet gambling bling, will be experience almost anywhere, but at its source by prohibiting the primary pay- without any added public revenues to help ad- ment vehicles that make on-line betting pos- HON. FORTNEY PETE STARK dress these problems. The National Commis- OF CALIFORNIA sible. My legislation, the ‘‘Internet Gambling sion identified a very strong correlation be- Payment Prohibitions Act,’’ would prohibit tween the availability of high stakes gambling HON. ELLEN O. TAUSCHER known Internet gambling sites from accepting OF CALIFORNIA opportunities and the incidence of problem or any check, credit card, debit card or other pathological gambling. Current estimates of form of electronic transfer as payment of any HON. GEORGE MILLER compulsive gamblers range from 1.5% of the bet or wager over the Internet. The effect of OF CALIFORNIA adult population to over 5%, depending on the this prohibition is to deny known Internet gam- IN THE HOUSE OF REPRESENTATIVES amount of legal gambling in the state. Add to bling sites from being approved for credit card, Friday, July 20, 2001 this another 15 million people which the Com- debit and other electronic transfer accounts. mission identified as also being at risk at any While liability for accepting prohibited pay- Mr. STARK. Mr. Speaker, Mrs. TAUSCHER, time of becoming addicted gamblers, the po- ments would be on Internet site operators, Mr. GEORGE MILLER of California and myself tential universe of problem gamblers is signifi- credit card issuers, banks and money trans- would like to take this time to mourn the pass- cant. Psychologists estimate that more than 5 mitting services would also be liable if it is de- ing and celebrate the life of a very special percent of people develop a gambling problem termined that they knowingly participated in man, Timothy John Lynch, Senior. His mem- at some time, twice the rate of cocaine or transferring payments to known Internet gam- ory will be honored this weekend, when a me- other serious drug addiction. bling operations. The benefit of this approach morial redwood and plaque will be dedicated Like alcoholism or any other addiction, the is that it is equally effective in denying pay- to him at the 50th anniversary celebration of problems of compulsive gambling are not lim- ment to Internet gambling operations regard- the Pleasant Hill Parks and Recreation Dis- ited to individual gamblers, but affect entire less of whether they are based within a state trict. families and communities. At a minimum, com- or half way around the world. Born July 20, 1917 in San Francisco to Irish pulsive gambling leads to severe indebtedness Other bills have been introduced that pro- immigrant parents, Timothy grew up in the and often bankruptcy. By the time most prob- pose to prohibit payments only to ‘‘unlawful’’ Irish Castro District of the City. He left his lem gamblers seek help they have debts ex- Internet gambling operations. While this ap- home state during World War II and served as ceeding $120,000 and their families are in proach may be appealing politically, it is of lit- captain and bombardier instructor in the U.S. shambles. Compulsive gamblers have a high tle practical benefit. The open and unrestricted Army Air Corps. He was married for 57 years incidence of broken families and lost homes, nature of the world wide web makes distinc- to Mary-Louise Leach, and was the proud fa- poor work productivity and job terminations, tions between legal or unlawful gambling ex- ther of seven children, eighteen grandchildren, health problem and related alcohol or drug ad- tremely difficult, if not impossible. We cannot and nine great-grandchildren. diction. Most alarming is the high suicide rate distinguish with any certainty the location of In 1950, Timothy moved his family from San among problem gamblers. The New York most Internet gambling sites, nor the location Francisco to Pleasant Hill, California. During Times reported in 1999 that more than 80 per- of persons attempting to access these sites. If that very same year, he helped to build a cent of compulsive gamblers seriously con- Internet gambling is legal anywhere in the community fit for his family and friends. He re- sider suicide and nearly 20 percent attempt or world, it will be available to people everywhere alized the need for a community park and succeed in killing themselves. This is consid- in the world. Proposals that only restrict pay- worked alongside two other Pleasant Hill citi- erably higher than the suicide rate for major ments to ‘‘unlawful’’ Internet gambling sites zens to help raise funds to purchase the origi- depression. would, in effect represent an actual expansion nal land known today as the Pleasant Hill With the Internet rapidly expanding access of legalized gambling under Federal law. For Park. Active in the Catholic Church his entire to high-stakes gambling, the number of com- once the Internet gambling is sanctioned in life, he also helped to establish Christ the King pulsive and pathological gamblers can only in- any jurisdiction, domestic or international, the Catholic Parish, which is celebrating its fiftieth crease. This poses a serious problem for our restrictions on electronic funds transfer, would anniversary this year. nation’s youth. A number of factors converge be inoperative. We would, in effect, be legally Shortly after settling in Pleasant Hill, Tim- to make today’s adolescents particularly vul- sanctioning such gambling—the exact oppo- othy served as a member and chairman of the nerable to the lure of Internet gambling. To- site of what we portend to do. Founding Board. He was elected and re- day’s teenagers are far more experienced and Mr. Speaker, I believe the bill I am offering elected to serve on the board of trustees for comfortable with computers than many of their today provides the only effective approach for the Pleasant Hill Parks & Recreation Depart- parents. They have grown up playing a wide prohibiting Internet gambling and eliminating ment. Appointed to the Contra Costa Planning variety of video and computer games. Most its potentially disastrous consequences for mil- Commission, he made history as the first to have broad access to the Internet. And large lions of American families. I urge adoption of represent the area that would later become numbers of adolescents now have access to this needed legislation. the City of Pleasant Hill. Timothy also made

VerDate 112000 02:07 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JY8.015 pfrm01 PsN: E20PT1 E1392 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2001 efforts to contribute to education. He served great person, wonderful character, and com- national Development pertaining to my amend- as a member on both the President’s Advisory munity leader. ment on HIV/AIDS in the Foreign Operations Council and the College President’s Fund- f Appropriations Act, 2001. raising Committee at St. Mary’s College of U.S. AGENCY FOR INTERNATIONAL California. FOREIGN OPERATIONS, EXPORT DEVELOPMENT, Timothy worked in the private sector as Vice FINANCING, AND RELATED PRO- Washington, DC, July 19, 2001. President of a major San Francisco Bay Area GRAMS APPROPRIATIONS ACT, Hon. JUANITA MILLENDER-MCDONALD, wholesale liquor distributor. After retiring, he 2002 House of Representatives, volunteered thirty hours per week in his com- Washington, DC. munity at Kaiser Hospital, and at the Contra SPEECH OF DEAR CONGRESSMAN MILLENDER-MCDONALD: Costa Regional Medical Center as head liai- Enclosed is a copy of our recent report to HON. JUANITA MILLENDER-McDONALD Congress on the U.S. Agency for Inter- son for surgery and recovery until his death. OF CALIFORNIA A lifelong active member of the Democratic national Development’s efforts to prevent IN THE HOUSE OF REPRESENTATIVES Party, he placed his ideals alongside those of mother-to-child transmission of HIV/AIDS. Friday, July 20, 2001 It describes the vital role of mother-to-child Franklin Delano Roosevelt. He served on Rep- transmission prevention activities and the resentative Jerome Waldie’s ‘‘kitchen cabinet’’ The House in Committee of the Whole complex issues that must be addressed as we during Waldie’s terms in the California State House on the State of the Union had under and others expand our efforts in this impor- Legislature and United States Congress. He consideration the bill (H.R. 2506) making ap- tant area. continued to work for Waldie during his cam- propriations for foreign operations, export fi- Thank you for your interest in these pro- paign for governor of California. nancing, and related programs for the fiscal grams. Timothy John Lynch, Sr. was an example of year ending September 30, 2002, and for other Sincerely, a model citizen for all. His tireless efforts to purposes: ROBERT M. LESTER, make a positive impact in his community, his Ms. MILLENDER-MCDONALD. Mr. Chair- Acting Deputy Asst. Administrator, state, and his country are evident. We ask our man, I am submitting the following letter that Bureau for Legislative and Public Affairs. colleagues to join us in paying tribute to this I received from the U.S. Agency for Inter- Enclosure: a/s.

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HIGHLIGHTS Senate agreed to Supplemental Appropriations Conference Report. The House agreed to the conference report on H.R. 2216, Supplemental appropriations. Senate A unanimous-consent agreement was reached pro- Chamber Action viding for further consideration of the bill at 4 p.m., Routine Proceedings, pages S7987–S8031 on Monday, July 23, 2001. Page S8031 Measures Introduced: Eight bills were introduced, Supplemental Appropriations—Conference Re- as follows: S. 1210–1217. Page S8014 port: Senate agreed to the conference report on H.R. Measures Reported: 2216, making supplemental appropriations for the S. 1215, making appropriations for the Depart- fiscal year ending September 30, 2001, clearing the ments of Commerce, Justice, and State, the Judici- measure for the President. Pages S8004–08 ary, and related agencies for the fiscal year ending Energy and Water Development Appropriations September 30, 2002. (S. Rept. No. 107–42) Amendment Modified: Reid/Domenici Amend- S. 1216, making appropriations for the Depart- ment No. 1024, to make certain revisions and im- ments of Veterans Affairs and Housing and Urban provements to the bill to H.R. 2311, making appro- Development, and for sundry independent agencies, priations for energy and water development for the boards, commissions, corporations and offices for the fiscal year ending September 30, 2002, was modi- fiscal year ending September 30, 2002. (S. Rept. No. fied. Page S8008 107–43) Page S8014 Nominations Confirmed: Senate confirmed the fol- Department of Transportation and Related lowing nominations: Agencies Appropriations Act:Senate continued By 93 yeas 1 nay (Vote No. EX. 244), Roger L. consideration of H.R. 2299, making appropriations Gregory, of Virginia, to be United States Circuit for the Department of Transportation and related Judge for the Fourth Circuit. agencies for the fiscal year ending September 30, By unanimous vote of 95 yeas (Vote No. EX. 2002, taking action on the following amendments 245), Sam E. Haddon, of Montana, to be United States District Judge for the District of Montana. proposed thereto: Pages S7995–98 Adopted: By unanimous vote of 93 yeas (Vote No. EX. 246), Richard F. Cebull, of Montana, to be United Murray Amendment No. 1029 (to Amendment States District Judge for the District of Montana. No. 1025), of a technical nature. Page S7997 Ralph F. Boyd, Jr., of Massachusetts, to be an As- Subsequently, the amendment was modified. sistant Attorney General. Page S8008 Eileen J. O’Connor, of Maryland, to be an Assist- Pending: ant Attorney General. Pages S7987–95, S8031 Murray/Shelby Amendment No. 1025, in the na- Pages S8012–14 ture of a substitute. Pages S7995–98 Executive Communications: Murray/Shelby Amendment No. 1030 (to Amend- Executive Reports of Committees: Page S8014 ment No. 1025), to enhance the inspection require- Messages From the House: Page S8012 ments for Mexican motor carriers seeking to operate Measures Placed on Calendar: Page S8012 in the United States and to require them to display decals. Pages S7997–98 Statements on Introduced Bills: Pages S8015–23 Additional Cosponsors: Pages S8014–15 D744

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Amendments Submitted: Pages S8023–24 designed to help dislocated workers, communities, Additional Statements: Pages S8011–12 and firms adjust to the rapid economic changes that characterize the globalization of national economies, Text of H.R. 2311, as Previously Passed: including General Accounting Office reports on the Pages S8024–31 Trade Adjustment Assistance and the North Amer- Notices of Hearings: Page S8024 ican Free Trade Agreement Transitional Adjustment Authority for Committees: Page S8024 Assistance programs, after receiving testimony from Record Votes: Three record votes were taken today. Loren Yager, Director, International Affairs and Trade, General Accounting Office; Lori G. Kletzer, (Total—246) Pages S7992–93 University of California Institute for International Adjournment: Senate met at 9:15 a.m., and ad- Economics, Santa Cruz; Cindy Arnold, El Puente journed at 2:30 p.m., until 2 p.m., on Monday, July Community Development Corporation, El Paso, 23, 2001. (For Senate’s program, see the remarks of Texas; Robert Rhodes, Eastern New Mexico Univer- the Majority Leader in today’s Record on page sity, Roswell; Robert L. Carlson, North Dakota S8031.) Farmers Union, Jamestown, on behalf of the Na- tional Farmers Union; and Robert Hamp, Pennsyl- Committee Meetings vania.

(Committees not listed did not meet) BUSINESS MEETING TRADE ADJUSTMENT ASSISTANCE Committee on Veterans’ Affairs: Committee ordered fa- Committee on Finance: Subcommittee on International vorably reported the nomination of Gordon H. Trade concluded hearings to examine issues related Mansfield, of Virginia, to be Assistant Secretary of to trade adjustment assistance programs, which are Veterans Affairs for Congressional Affairs. h House of Representatives Senate Messages: Message received from the Senate Chamber Action today appears on page H4370. Bills Introduced: 7 public bills, H.R. 2579–2585; Referrals: S. 180 was referred to the Committee on and; 1 resolution, H. Con. Res. 189 were intro- International Relations. Page H4377 duced. Pages H4347–48 Quorum Calls—Votes: One yea-and-nay vote de- Reports Filed: No Reports were filed today. veloped during the proceedings of the House today Supplemental Appropriations Conference Re- and appears on page H4367. There were no quorum port: The House agreed to the conference report on calls. H.R. 2216, making supplemental appropriations for Adjournment: The House met at 9 a.m. and ad- the fiscal year ending September 30, 2001, by a yea- journed at 11:39 a.m. and-nay vote of 375 yeas to 30 nays, Roll No. 256. Pages H4356–57 H. Res. 204, the rule that waived points of order Committee Meetings against the conference report was agreed to by voice vote. Pages H4355–56 LEGISLATIVE APPROPRIATIONS Legislative Program: The Majority Leader an- Committee on Appropriations: Subcommittee on Legisla- nounced the Legislative Program for the week of tive approved for full Committee action the Legisla- July 23. Pages H4367–68 tive appropriations for fiscal year 2002. Meeting Hour—Monday, July 23: Agreed that when the House adjourns today, it adjourn to meet CURB CHILDREN’S EXPOSURE TO VIOLENT at 12:30 p.m. on Monday, July 23. Page H4368 CONTENT—ENTERTAINMENT INDUSTRY’S Calendar Wednesday: Agreed to dispense with the EFFORTS Calendar Wednesday business of Wednesday, July Committee on Energy and Commerce: Subcommittee on 25. Page H4368 Telecommunications and the Internet held a hearing

VerDate 11-MAY-2000 02:13 Jul 21, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JY1.REC pfrm01 PsN: D20JY1 D746 CONGRESSIONAL RECORD — DAILY DIGEST July 20, 2001 entitled: ‘‘An Examination of the Entertainment In- and making appropriations for foreign operations, export dustry’s Efforts to Curb Children’s Exposure to Vio- financing, and related programs for the fiscal year ending lent Content.’’ Testimony was heard from C. Lee September 30, 2002, 3 p.m., S–128, Capitol. Peeler, Associate Director, Advertising Practices, Committee on Armed Services: July 24, Subcommittee on FTC; and public witnesses. SeaPower, to hold hearings on proposed legislation au- thorizing funds for fiscal year 2002 for the Department PRISONER RELEASE IN THE DISTRICT OF of Defense and the Future Years Defense Program, focus- COLUMBIA ing on Navy shipbuilding programs, 2:30 p.m., SR–222. Committee on Government Reform: Subcommittee on the July 25, Subcommittee on Strategic, to hold hearings District of Columbia held a hearing on ‘‘Prisoner on proposed legislation authorizing funds for fiscal year Release in the District of Columbia—The Role of 2002 for the Department of Defense and the Future Years Halfway Houses and Community Supervision in Defense Program, focusing on global power projection, 9 a.m., SD–124. Prisoner Rehabilitation.’’ Testimony was heard from Committee on Banking, Housing, and Urban Affairs: July the following officials of the Department of Justice: 24, to hold oversight hearings to examine the Semi-An- Kathleen Hawk Sawyer, Director, Bureau of Prisons; nual Report on Monetary Policy of the Federal Reserve; and Edward Riley, Chairman, U.S. Parole Commis- and to hold a business meeting to consider the nomina- sion; Laurie E. Ekstrand, Director, Justice Issues, tion of Harvey Pitt, of North Carolina, to be a Member GAO; from the following officials of the District of of the Securities and Exchange Commission, 10 a.m., Columbia: Kathy Patterson, Chair, Committee on SH–216. the Judiciary, City Council; Margret Nedelkoff July 24, Subcommittee on Housing and Transpor- Kellems, Deputy Mayor, Public Safety and Justice; tation, to hold oversight hearings to examine the Federal Charles H. Ramsey, Chief of Police; John Clark, Housing Administration Multifamily Housing Mortgage Corrections Trustee, Office of the Corrections Trust- Insurance Program, 2 p.m., SD–538. ee; James Anthony, Deputy Director, Department of July 25, Subcommittee on Economic Policy, to hold Corrections; and Jasper E. Ormond, Jr., Interim Di- hearings to examine the risks of a growing balance of rector, Court Services and Offender Supervision payments deficit, 10 a.m., SD–538. Agency; and a public witness. July 26, Full Committee, to hold hearings to examine the problem, impact, and responses of predatory mortgage f lending practices, 10 a.m., SD–538. CONGRESSIONAL PROGRAM AHEAD Committee on Commerce, Science, and Transportation: July 23, Subcommittee on Science, Technology, and Space, to Week of July 23 through July 28, 2001 hold hearings to examine the use of technology in the Senate Chamber health care system, focusing on opportunities and obsta- cles regarding the use of Internet technology to empower On Monday, Senate will resume consideration of patients to improve their health care, 1 p.m., SR–253. H.R. 2299, Department of Transportation and Re- July 24, Full Committee, to hold hearings to examine lated Agencies Appropriations Act. seaport security issues, 9:30 a.m., SR–253. During the balance of the week, Senate expects to July 24, Subcommittee on Consumer Affairs, Foreign consider any other cleared legislative and executive Commerce, and Tourism, to hold hearings to examine business, including appropriation bills when avail- prescription drug issues, 2:30 p.m., SR–253. able. July 25, Full Committee, to hold hearings on the nom- ination of Mary Sheila Gall, of Virginia, to be Chairman Senate Committees of the Consumer Product Safety Commission, 9:30 a.m., (Committee meetings are open unless otherwise indicated) SR–253. Special Committee on Aging: July 26, to hold hearings to July 26, Full Committee, to hold hearings to examine examine Medicare enforcement actions focusing on the chemical harmonization issues, 9:30 a.m., SR–253. federal governments anti-fraud efforts, 10 a.m., SD–124. Committee on Energy and Natural Resources: July 24, to Committee on Agriculture, Nutrition, and Forestry: July 24, hold hearings on proposals related to global climate to hold hearings to examine the proposed federal farm change and measures to mitigate greenhouse gas emis- bill focusing on livestock issues, 9 a.m., SR–328A. sions, including S. 597, the Comprehensive and Balanced Committee on Appropriations: July 25, Subcommittee on Energy Policy Act of 2001; S. 388, the National Energy Labor, Health and Human Services, and Education, to Security Act of 2001; and S. 820, the Forest Resources hold hearings to examine education technology issues, for the Environment and the Economy Act, 9:30 a.m., 9:30 a.m., SD–106. SD–106. July 26, Full Committee, business meeting to mark up July 25, Full Committee, business meeting to consider proposed legislation making appropriations for the Treas- pending calendar business, 9:30 a.m., SD–366. ury Department, the United States Postal Service, the Ex- Committee on Environment and Public Works: July 23, ecutive Office of the President, and certain Independent Subcommittee on Transportation and Infrastructure, to Agencies, for the fiscal year ending September 30, 2002; hold oversight hearings to examine the role of the federal

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government in meeting infrastructure needs, 3 p.m., Care Improvement Act to revise and extend such Act; S. SD–406. 91, to amend the Native American Languages Act to pro- July 25, Full Committee, to hold hearings on the nom- vide for the support of Native American Language Sur- ination of David A. Sampson, of Texas, to be Assistant vival Schools; and S. 746, to express the policy of the Secretary of Commerce for Economic Development; and United States regarding the United States relationship the nomination of George Tracy Mehan III, of Michigan, with Native Hawaiians and to provide a process for the to be Assistant Administrator for the Office of Water, the recognition by the United States of the Native Hawaiian nomination of Judith Elizabeth Ayres, of California, to be governing entity; to be followed by hearings on S. 266, Assistant Administrator for the Office of International to provide for the long-term leasing of lands on the Activities, and the nomination of Robert E. Fabricant, of Warm Springs Reservation, and for the approval of an New Jersey, to be General Counsel, all of the Environ- agreement between the U.S. Department of the Interior, mental Protection Agency; and to consider committee the Portland General Electric Company and the Confed- rules of procedures for the 107th Congress, 9:30 a.m., erated Tribes of the Warm Springs Reservation, 10 a.m., SD–406. SR–485. July 26, Full Committee, to hold hearings to examine July 25, Full Committee, to hold oversight hearings on the environmental and public health impacts of power the implementation of the Indian Gaming Regulatory plant emissions, 9:30 a.m., SD–406. Act, 10:30 a.m., SH–216. Committee on Foreign Relations: July 24, to hold hearings Select Committee on Intelligence: July 25, to hold closed to examine the Administration’s missile defense program hearings on intelligence matters, 2:30 p.m., SH–219. and the Anti-Ballistic Missile Treaty focusing on the Committee on the Judiciary: July 24, Subcommittee on legal and technical issues associated with missile defense, Administrative Oversight and the Courts, to hold hear- 10 a.m., SD–419. ings to examine the role of the Senate in the nomination July 24, Full Committee, to continue hearings to ex- and confirmation process, 10 a.m., SD–226. amine the Administration’s missile defense program and July 24, Full Committee, to hold hearings on pending the Anti-Ballistic Missile Treaty focusing on the means judicial nominations, 2 p.m., SD–226. of addressing ballistic missile and weapons proliferation July 25, Full Committee, to hold hearings on S. 1157, threats, 2:30 p.m., SD–419. to reauthorize the consent of Congress to the Northeast Committee on Governmental Affairs: July 23, Sub- Interstate Dairy Compact and to grant the consent of committee on International Security, Proliferation and Congress to the Southern Dairy Compact, a Pacific Federal Services, to hold hearings to examine the role of Northwest Dairy Compact, and an Intermountain Dairy the Federal Emergency Management Agency in managing Compact, 10 a.m., SD–226. a bioterrorist attack and the impact of public health con- July 25, Subcommittee on Technology, Terrorism, and cerns on bioterrorism preparedness, 2 p.m., SD–342. Government Information, to hold oversight hearings to July 24, Full Committee, to hold hearings to examine examine the National Infrastructure Protection Center, fo- S. 159, to elevate the Environmental Protection Agency cusing on the fight against cybercrime, 2 p.m., SD–226. to a cabinet level department, to redesignate the Environ- Committee on Small Business and Entrepreneurship: July 26, mental Protection Agency as the Department of Environ- to hold hearings to examine the business of environ- mental Protection Affairs, 10 a.m., SD–342. mental technology, 10:30 a.m., SR–428A. July 24, Subcommittee on Oversight of Government Committee on Veterans’ Affairs: July 24, to hold hearings Management, Restructuring and the District of Colum- to examine prescription drug issues in the Department of bia, to hold hearings to examine the role of health insur- Veterans Affairs, 2:30 p.m., SR–418. ance in promoting quality cares for seniors, children and individuals with disabilities, 2:30 p.m., SD–342. House Chamber July 25, Full Committee, to hold hearings to examine current entertainment ratings, focusing on evaluation and To be announced. improvement, 9:30 a.m., SD–342. July 25, Subcommittee on International Security, Pro- House Committees liferation and Federal Services, to hold hearings on S. Committee on Agriculture, July 26, to consider the Farm 995, to amend chapter 23 of title 5, United States Code, Bill, 10 a.m., 1300 Longworth. to clarify the disclosures of information protected from Committee on Appropriations, July 23, Subcommittee on prohibited personnel practices, require a statement in Defense, executive, hearing on Intelligence Budget Over- non-disclosure policies, forms, and agreements that such view, 9:30 a.m., H–405 Capitol, and a hearing on the policies, forms and agreements conform with certain dis- Navy/Marine Corps Budget Overview, 1:30 p.m., closure protections, provide certain authority for the Spe- 2362–A Rayburn. cial Counsel, 2:30 p.m., SD–342. July 23, Subcommittee on Military Construction, hear- Committee on Health, Education, Labor, and Pensions: July ing on 2002 Budget Overview, 1:30 p.m., B–308 Ray- 25, to hold hearings to examine genetics research issues burn. and non-discrimination in health insurance and employ- Committee on Armed Services, July 26, Special Oversight ment, 9:30 a.m., SD–430. Panel on the Merchant Marine, to consider recommenda- Committee on Indian Affairs: July 24, business meeting tions to the National Defense Authorization Act for Fiscal to mark up S. 87, to amend the Native Hawaiian Health Year 2002, 9 a.m., 2216 Rayburn.

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July 26, Special Oversight Panel on Morale, Welfare Committee on Government Reform, July 23, Subcommittee and Recreation, to consider recommendations to the Na- on National Security, Veterans’ Affairs, and International tional Defense Authorization Act for Fiscal Year 2002, 10 Relations, hearing on Combating Terrorism: Federal Re- a.m., 2212 Rayburn. sponse to a Biological Weapons Attack, 2:30 p.m., 2154 July 27, Subcommittee on Military Installations and Rayburn. Facilities, to mark up the National Defense Authorization July 24, Subcommittee on Criminal Justice, and Act for Fiscal Year 2002, 10 a.m., 2212 Rayburn. Human Resources, to consider pending business, 10 a.m., July 27, Subcommittee on Military Personnel, to mark 2154 Rayburn. up the National Defense Authorization Act for Fiscal year July 24, Subcommittee on National Security, Veterans’ 2002, 11:30 a.m., 2118 Rayburn. Affairs, and International Relations, hearing on Federal July 27, Subcommittee on Military Readiness, to mark Interagency Data-Sharing and National Security, 10 a.m., up the National Defense Authorization Act for Fiscal 2247 Rayburn. Year 2002, 2 p.m., 2212 Rayburn. July 25, full Committee, to consider pending business, Committee on the Budget, July 25, hearing on Medicare: 10 a.m., 2154 Rayburn. The Need for Reform, 10 a.m., 210 Cannon. July 26, Subcommittee on Census, hearing on Ameri- Committee on Education and the Workforce, July 24, Sub- can’s Abroad, How Can We Count Them? 1:30 p.m., committee on Employer-Employee Relations, hearing on 2247 Rayburn. Genetic Non-Discrimination: Implications for Employers July 26, Subcommittee on Government Efficiency, Fi- and Employees, 2 p.m., 2175 Rayburn. nancial Management and Intergovernmental Relations, July 24, Subcommittee on Select Education, hearing on ‘‘Oversight hearing on the Department of Defense’s Ille- Status of Financial Management at the Department of gal Manipulation of Appropriated Funds,’’ 10 a.m., 2154 Education, 9:30 a.m., 2175 Rayburn. Rayburn. Committee on Energy and Commerce, July 24, Sub- July 27, Subcommittee on the District of Columbia, committee on Oversight and Investigations, hearing on hearing on ‘‘Spring Valley—Toxic Waste Contamination How Secure is Sensitive Commerce Department Data and in the Nation’s Capital,’’ 10 a.m., 2154 Rayburn. Operations? 10 a.m., 2322 Rayburn. Committee on International Relations, July 25, hearing on July 24, Subcommittee on Telecommunications and the Dayton Accords: A View From the Ground, 10:15 the Internet, hearing entitled: ‘‘U.S. Deployment of Third a.m., 2172 Rayburn. Generation Wireless Services: When Will It Happen and July 25, Subcommittee on International Operations Where Will It Happen?’’ 9:30 a.m., 2123 Rayburn. and Human Rights, hearing on A Discussion on the July 26, Subcommittee on Commerce, Trade and Con- sumer Protection, hearing on ‘‘How Do Businesses Use U.N. World Conference Against Racism, 2 p.m., 2172 Customer Information: Is the Customer’s Privacy Pro- Rayburn. tected?’’ 9:30 a.m., 2322 Rayburn. July 26, Subcommittee on East Asia and the Pacific, July 26, Subcommittee on Health, hearing entitled hearing on U.S.-Korea Relations after the Policy Review, ‘‘Medicare Modernization: Examining the President’s 10 a.m., 2200 Rayburn. Framework for Strengthening the Program,’’ 9:15 a.m., July 26, Subcommittee on Middle East and South Asia, 2123 Rayburn, hearing on U.S. Policy Towards the Palestinians—Part I, Committee on Financial Services, July 24, Subcommittee 10 a.m., 2172 Rayburn. on Domestic Monetary Policy, Technology, and Economic Committee on the Judiciary, July 24, to mark up the fol- Growth, hearing on the design and security of currency, lowing bills: H.R. 2175, Born-Alive Infants Protection 2 p.m., 2128 Rayburn. Act of 2001; H.R. 2505, Human Cloning Prohibition July 24, Subcommittee on Financial Institutions and Act of 2001; H.R. 2047, Patent and Trademark Office Consumer Credit, hearing on H.R. 556, Unlawful Inter- Authorization Act of 2002; H.R. 2048, to require a re- net Gambling Funding Prohibition Act, and other Inter- port on the operations of the State Justice Institute; H.R. net gambling proposals, 10 a.m., 2128 Rayburn. 2278, to provide for work authorization for non- July 25, full Committee, to consider the following immigrant spouses of intracompany transferees, and to re- bills: H.R. 2510, Defense Production Act Amendments duce the period of time during which certain of 2001; and the Office of Multifamily Housing Assist- intracompany transferees have to be continuously em- ance Restructuring Extension Act of 2001, 10 a.m., 2128 ployed before applying for admission to the United Rayburn. States; H.R. 2277, to provide for work authorization for July 26, Subcommittee on Capital Markets, Insurance, nonimmigrant spouses of treaty traders and treaty inves- and Government Sponsored Enterprises, hearing entitled tors; H.R. 1840, to extend eligibility for refugee status ‘‘Market Data II: Implications to investors and market of unmarried sons and daughters of certain Vietnamese transparency of granting ownership rights over stock refugees; and H.R. 1007, James Guelff Body Armor Act quotes,’’ 2 p.m., 2128 Rayburn. of 2001, 10 a.m., 2141 Rayburn. July 26, Subcommittee on Financial Institutions and July 26, Subcommittee on Courts, the Internet, and Consumer Credit, hearing entitled ‘‘Viewpoints of Select Intellectual Property, hearing on H.R. 2522, Federal Regulators on Deposit Insurance Reform,’’ 10 a.m., 2128 Courts Improvement Act of 2001, 10 a.m., 2141 Ray- Rayburn. burn.

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July 26, Subcommittee on Crime, hearing and markup Committee on Science, July 25, hearing on Live From of the Consumer Product Protection Act of 2001, 2 p.m., Space: the International Space Station, 12 p.m., 2318 2141 Rayburn. Rayburn. Committee on Resources, July 24, Subcommittee on Na- July 26, Subcommittee on Environment, Technology tional Parks, Recreation and Public Lands, hearing on the and Standards, hearing on Combating the Invaders: Re- following bills: H.R. 1456, Booker T. Washington Na- search on Non-Native Species, 11 a.m., 2318 Rayburn. tional Monument Boundary Adjustment Act of 2001; and Committee on Small Business, July 24, Subcommittee on H.R. 1814, Metacomet-Monadnock-Sunapee-Mattabesett Rural Enterprise, Agriculture and Technology, hearing on Trail Study Act of 2001, 10 a.m., 1334 Longworth. renewable fuels, 10 a.m., 2360 Rayburn. July 25, full Committee, to mark up H.R. 701, Con- July 24, Subcommittee on Tax, Finance, and Exports, servation and Reinvestment Act, 10 a.m., 1324 Long- hearing on Trade Promotion Authority and the reauthor- worth. ization of the Trade Adjustment Assistant program, and July 26, Subcommittee on Forests, and Forest Health, their respective impacts on small business exporters and hearing on the following bills: H.R. 1576, James Peak farmers, 2 p.m., 2360 Rayburn. Wilderness, Wilderness Study, and Protection Area Act; July 25, full Committee, hearing entitled ‘‘Reducing and H.R. 1772, to provide for an exchange of certain Regulatory and Paperwork Burdens on Small Healthcare property between the United States and Ephraim City, Providers: Proposals from the Executive Branch.’’ 10 a.m., Utah, 10 a.m., 1334 Longworth. 2360 Rayburn. Committee on Transportation and Infrastructure, July 24, July 26, Subcommittee on National Parks, Recreation Subcommittee on Highways and Transit, hearing on and Public Lands, hearing on the following bills: H.R. Highway Work Zone Safety, 2 p.m., 2167 Rayburn. 2385, Virgin River Dinosaur Footprint Preserve Act; and July 25, Subcommittee on Railroads, hearing on Cur- H.R. 2488, to designate certain lands in the Pilot Range rent Status and Future Prospects of Amtrak and High in the State of Utah as wilderness, 2 p.m., 1334 Long- Speed Rail, 10 a.m., 2167 Rayburn. worth. July 26, Subcommittee on Aviation, hearing on the July 26, Subcommittee on Water and Power, hearing Competitiveness of the U.S. Aircraft Manufacturing In- on the following bills: H.R. 1985, Short-Term and Long- dustry, 10 a.m., 2167 Rayburn. Term California Water Security; and H.R. 2404, Cali- July 26, Subcommittee on Coast Guard and Maritime fornia Water Quality and Reliability Act of 2001, 2 Transportation, hearing on Drug Interdiction, 2 p.m., p.m., 1324 Longworth. 2167 Rayburn. Committee on Rules, July 24, to consider a measure mak- Committee on Ways and Means, July 26, Subcommittee ing appropriations for the Treasury Department, the on Social Security, hearing on Misleading Mailings Tar- United States Postal Service, the Executive Office of the geted to Seniors, 10 a.m., 1100 Longworth. President, and certain Independent Agencies, for the fiscal Permanent Select Committee on Intelligence, July 25, execu- year ending September 30, 2002, 1 p.m., H–313 Capitol. tive, hearing on Intelligence Budget Issues, 2 p.m., July 25, Subcommittee on Legislative and Budget H–405 Capitol. Process, hearing on Biennial Budgeting, 10 a.m., H–313 July 26, executive, hearing on Counternarcotics Issues, Capitol. 1:30 p.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, July 23 12:30 p.m., Monday, July 23

Senate Chamber House Chamber Program for Monday: After the recognition of two Sen- Program for Monday: Consideration of Suspensions. ators for speeches and the transaction of any morning business (not to extend beyond 4 p.m.), Senate will re- sume consideration of H.R. 2299, Department of Trans- portation and Related Agencies Appropriations Act.

Extension of Remarks, as inserted in this issue

HOUSE Larson, John B., Conn., E1386, E1389 Sanchez, Loretta, Calif., E1391 Lofgren, Zoe, Calif., E1386 Schakowsky, Janice D., Ill., E1390 Baker, Richard H., La., E1384 Maloney, Carolyn B., N.Y., E1389 Shaw, E. Clay, Jr., Fla., E1380 Barcia, James A., Mich., E1382 Millender-McDonald, Juanita, Calif., E1392 Shays, Christopher, Conn., E1387 Calvert, Ken, Calif., E1380 Miller, Gary G., Calif., E1387 Shimkus, John, Ill., E1378 Cannon, Chris, Utah, E1378 Miller, George, Calif., E1376, E1391 Simpson, Michael K., Idaho, E1379 Davis, Tom, Va., E1375 Morella, Constance A., Md., E1377 Stark, Fortney Pete, Calif., E1391 Gilman, Benjamin A., N.Y., E1388 Murtha, John P., Pa., E1379 Tauscher, Ellen O., Calif., E1391 Gutierrez, Luis V., Ill., E1385 Myrick, Sue Wilkins, N.C., E1389 Udall, Mark, Colo., E1387 Hooley, Darlene, Ore., E1387 Nadler, Jerrold, N.Y., E1382 Underwood, Robert A., Guam, E1383 Hutchinson, Asa, Ark., E1375 Ortiz, Solomon P., Tex., E1385 Weldon, Curt, Pa., E1384 Israel, Steve, N.Y., E1386 Paul, Ron, Tex., E1384 Weller, Jerry, Ill., E1380 Kanjorski, Paul E., Pa., E1383 Payne, Donald M., N.J., E1385 Wolf, Frank R., Va., E1378 Kleczka, Gerald D., Wisc., E1386 Pelosi, Nancy, Calif., E1384, E1385, E1386 Woolsey, Lynn C., Calif., E1375 Kucinich, Dennis J., Ohio, E1375, E1389 Pombo, Richard W., Calif., E1377 LaFalce, John J., N.Y., E1376, E1390 Reyes, Silvestre, Tex., E1387, E1388, E1390

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